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HomeMy WebLinkAbout20081804 Ver 1_Application_20081210WATER Resources City of Greensboro December 1, 2008 Administration (336) 373-2055 Fax (336) 412-6305 Customer Service (336) 373-2344 Fax (336) 412-3932 Water Supply Mitchell Plant (336) 373-5855 Fax (336) 373-5834 Townsend Plant (336)373-7530 Fax (336) 373-7526 Water Reclamation North Buffalo Plant (336) 373-5913 Fax (336) 274-7585 T.Z. Osborne Plant (336)373-7740 Fax (336) 373-7720 Construction & Maintenance (336)373-2033 Fax (336) 412-3936 Meter Services (336)373-2071 I-ax (336) 574-4067 Water Conservation (336)373-7610 Fax (336) 412-6305 Stormwater Management (336) 373-2055 Fax (336) 4 12-3119 Division of Water Quality, 401/Wetlands Unit, 2 0 0 8 0 4 1650 Mail Service Center, Raleigh, NC, 27699-1650 Re: Upgrade of Existing 42-inches CIP to 9'x4' Concrete Box Culvert At Brookfield Drive Greensboro, NC To Whom It May Concern: The City of Greensboro will like to notify your office of the proposed box culvert upgrade at Brookfield Drive. The project's objective is to upgrade the existing 42-inch reinforced concrete pipe (RCP) with 9-feet by 4-feet Reinforced Concrete Box Culvert with energy pool and flood bench. The existing 42-inch pipe is undersized and needed to be upgraded with 9'x4' box culvert. The length of the existing 42-inch pipe is 86 feet with a 15-feet energy dissipater and to be replaced by a proposed box culvert of 88 feet in length with additional energy pool and flood bench. Attached is the general information regarding the subject site for your review. Site: 3507 Brookfield Drive at Unnamed Tributary to Horsepen Creek in Greensboro NC. Site Condition: Under sized Culvert. If you have any further questions, please call me at (336) 373-2619 Sincerely, Ade Idowu Operations Management Supervisor City of Greensboro, Stormwater Management Attachment: PCN Application Form (Pictures Included) Figure 1 -Aerial Map Figure 2 - Stormwater Topography Layout Figure 3 - Calculation Sheet Figure 4 - Construction Drawing DEC 1 0 2008 DENR - WATER QUAUTY WETLANDS AND STORMWATER BRANCH Exhibit A -US Army Corp of Engineers, NW Permit #14 1505 P. O. Box 3136, Greensboro, NC 27402-3136 9 www.grccnsboro-nc..gov • TDD (336) 333-6930 Office Use Only: Form Version May 2002 2 0 n -0 ? 8 Q 4 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 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 2. Nationwide, Regional or General Permit Number(s) Requested: # 1 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 Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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 DEC 1 0 2008 1. Owner/Applicant Information Name: City of Greensboro - Department of Water resources DENR-WATER QUAUTY Mailing Address: 2602 S. Elm-Eugene Street Arse ?TeRtr WATERBRANCH Greensboro, NC 27406 Telephone Number: (336)373-2619 Fax Number: (336)373-3119 E-mail Address: greensboro-nc.gov 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: Ade N. Idowu Company Affiliation:City of Greensboro - Department of Water Resources Mailing Address: 2602 S. Elm-Eugene Street Greensboro, NC 27406 Telephone Number: (336) 373-2619 Fax Number: (336) 373-3119 E-mail Address: ade.idowukgreensboro-nc.gov Page 5 of 14 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: Brookfield Drive 9' by 4' Culvert Upgrade 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: Guilford Nearest Town: Greensboro Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): From I-40/85 Business exit at 840, travel to 70 West (Wendover Ave.) exit on 220 North travel through town (cross Cone Blvd, Pisgah Church Road, New Garden Road) continue straight till you see Brookfield on right, turn right unto Brookfield Drive. 5. Site coordinates, if available (UTM or Lat/Long): X = 1745155.44, Y = 871510.07 (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): Open Area 7. Nearest body of water (stream/river/sound/ocean/lake): Horsepen Creek 8. River Basin: Cape Fear River Basin (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/mays/.) Page 6 of 14 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Subject site is primarily residential and general vicinity [1 ?t ?.- 1' ti t r., k ' +w Page 7 of 14 Brookfield Drive - Looking upstream from the road Brookfield Drive - Looking downstream at the existing discharge pipe. Brookfield Drive - Looking upstream at the existing discharge pipe. 10. Describe the overall project in detail, including the type of equipment to be used: Lane closing, excavation and backfill with backhoe. Contractor will remove existing 42-inch RCP and replace with a 9-feet by 4-feet Reinforced Concrete Culvert. Coffer dam will be installed with sand back to allow work to be done in the dry. See attached drawing for more details 11. Explain the purpose of the proposed work: To upsize existing 42-inch RCC due to reduce flooding. 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. Page 8 of 14 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. N/A 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. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must 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. I . Provide a written description of the proposed impacts: Presently, there is an existing 42-inch RCC of 86 feet in length with 15-feet long energy dissipator. City of Greensboro hereby propose to upgrade the existing 42-inch reinforced concrete pipe with 9' by 4' reinforced concrete culvert 88 feet long and also install energy pool with flood bench. Working in the dry will help reduce damage to the downstream portion of the stream. There are no wetland within the area but extreme care will be taking to reduce siltation downstream. 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (es/no) Distance to Nearest Stream (linear feet) Type of Wetland*** EISL eacn impact separatery ana iaentiry temporary impacts. impacts include, but are not limited to: mechanized clearing, grading, till, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Page 9 of 14 Total area of wetland impact proposed: N/A 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Im act Perennial or Intermittent? (please specify) 3507/3509 Culvert & Energy Dissipator 120 feet Unknown 8 feet Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, 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. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 109 feet 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) (if Name applicable) Wat) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. 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.): Page 10 of 14 Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: 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. Existing 42-inch RCP is undersized needs upgrading due to flooding of upstream properties. Based on calculation of the drainage basin there is need for upgrade. The only other option is DO NOTHING which may create legal action. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, 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 NCWRP 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://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 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) Page I 1 of 14 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 Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three 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): IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No ? 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 ? 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, Page 12 of 14 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. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ? If you answered "yes", provide the following information: 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 (square feet) Multiplier Required Mitigation 1 N/A 3 2 N/A 1.5 Total N/A Lone t extends out .iu teet perpendicular trom near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (both 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. 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. None Page 13 of 14 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. 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). b cA - 8 Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 14 of 14 Figure 2 Figure 3 Q,o ?(p?-•??XD•??Y4 4 = Z ?, t a ? ? wa?-?..?' ?D Z b -2- ??I.0 2, f5e,?c-H 75R.o y5 e, foy de w as-?. ?, Channel Report Hydraflow Express by Intelisolve Friday, Sep 12 2008, 7:52 AM Brookfield Channel Q2 with Bankfull Bench User-defined Highlighted Invert Elev (ft) = 759.00 Depth (ft) = 2.59 Slope (%) = 0.75 Q (cfs) = 182.00 N-Value = 0.037 Area (sqft) = 42.63 Velocity (ft/s) = 4.27 Calculations Wetted Perim (ft) = 30.58 Compute by: Known Q Crit Depth, Yc (ft) = 2.00 Known Q (cfs) = 182.00 Top Width (ft) = 29.36 EGL (ft) = 2.87 (Sta, El, n)-(Sta, El, n)... (0.00, 763.00)-(4.00, 761.00, 0.035)-(9.00, 761.00, 0.035)-(13.00, 759.00, 0.050)-(22.00, 759.00, 0.035)-(26.00, 761.00, 0.035)-(31.00, 761.00, 0.035) -(35.00, 763.00, 0.035) Elev (ft) 764.00 763.00 762.00 761.00 760.00 759.00 58.00 -:? 0 5 10 Section 15 20 Sta (ft) Depth (ft) 5.00 4.00 3.00 2.00 1.00 0.00 -1.00 25 30 35 40 Depth Q Area Veloc WP Yc TopMdth Energy (ft) (cfs) (sgft) (f US) (ft) (ft) (ft) (ft) 2.59 182.0 42.63 4.27 30.58 2.00 29.36 2.87 I - r Hydraflow Express - Brookfield Channel Q2 with Bankfull Bench - 09/12/08,7:5: Channel Report Hydraflow Express by Intelisolve Friday, Sep 12 2008, 7:56 AM Brookfield Channel Q10 with Bankfull Bench User-defined Highlighted Invert Elev (ft) = 759.00 Depth (ft) = 2.85 Slope (%) = 0.75 Q (cfs) = 235.00 N-Value = 0.037 Area (sqft) = 50.39 Velocity (ft/s) = 4.66 Calculations Wetted Perim (ft) = 31.75 Compute by: Known Q Crit Depth, Yc (ft) = 2.39 Known Q (cfs) = 235.00 Top Width (ft) = 30.40 EGL (ft) = 3.19 (Sta, El, n)-(Sta, El, n)... (0.00, 763.00}(4.00, 761.00, 0.035)-(9.00, 761.00, 0.035)-(13.00, 759.00, 0.050)-(22.00, 759.00, 0.035)-(26.00, 761.00, 0.035)-(31.00, 761.00, 0.035) -(35.00, 763.00, 0.035) Elev (ft) 764.00 763.00 762.00 761.00 760.00 759.00 -5 0 5 10 Section 15 20 Sta (ft) Depth (ft) 5.00 4.00 3.00 7 2.00 1.00 ?01 I MCI + 1*11-C, 0.00 -1.00 25 30 35 40 Depth Q Area Veloc WP Yc TopWidth Energy (ft) (cfs) (sgft) (ft/s) (ft) (ft) (ft) (ft) 2.85 235.0 50.39 4.66 31.75 2.39 30.40 3.19 i, I Hydraflow Express - Brookfield Channel Q10 with Bankfull Bench - 09/12/08,7:' W, . ., . Action ID. SAW-2008-03128 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT County: Guilford USGS Quad: Guilford GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: City of Greensboro, Department of Water Resources; Attn: Ade Idowu Address: 2602 South Elm-Eugene Street Greensboro, North Carolina 27406 Telephone No.: 336-373-2619 Size and location of property (water body, road name/number, town, etc.): <0.1 acre; The site is located at 3509 Brookfield Drive, in Greensboro, North Carolina and is identified as the Brookrield Drive Culvert UnQrade Description of projects area and activity: This authorization is for the discharge of clean fill material associated with the following impacts: 1) the replacement of an 86 linear foot Reinforce Concrete Pipe (RCP), with an 88 linear foot 9 foot x 4 foot reinforced concrete culvert MCC); 2) the replacement of a 15 linear foot dissipation pad with a 21 foot dissipation pool; 3) 10 linear feet of temporary fill for cofferdams; 4) 7 linear feet of temporary fill for a check dam. The project must be conducted in accordance with the application and drawings submitted on October 14, 2008 and the supplemental drawings submitted on November 20, 2008 Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ? Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 14 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Andrew Williams at telephone number 919-554-4884 extension 26. Corps Regulatory Official ,?J G?? Date: November 20, 2008 Expiration Date of Verification: November 20, 2010 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://re ug latoa.usacesurvey com/ to complete the survey online. Page 1 of 3 1W Determination of Jurisdiction: ? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID Basis of Jurisdictional Determination: The stream is a relatively permanent water (RPW) and an unnamed tributary to Horsepen Creek, an RPW. Horsepen Creek is a tributary Lake Brandt an impoundment of Reedy Fork an RPW Reedy Fork flows to and through Lake Townsend, another impoundment on Reedv Fork, to the Haw River, a traditionally navigable water (TNW). The Haw River is a tributary to the Cape Fear River, a navigable water of the United States The Ordinary High Water Mark (OHWM) of the unnamed tributary was indicated by the following physical characteristics: the destruction of terrestrial vegetation, scour, and shelving. This jurisdictional determination is only for the waters proposed for impacts associated with this Nationwide Permit and does not include any other waters/wetlands that may be located on the property. Appeals Information (This information applies only to approved jurisdictional determinations.) Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn: Andrew Williams, Project Manager, Raleigh Regulatory Field Office U.S. Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by January 20, 2009. **It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: TTjL7C .> X1; ? ' Date November 20, 2008 Expiration Date November 20, 2013 Page 2 of 3 i- - . Summarv of Authorized Imnacts and Remiired Mitigatinn Action ID NWP / GP Open Water (ac) Wetland (ac) Unim ortant Steam 1 Important Stream (1 # # Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent SAW-2008- 03128 NWP 14 17 109 Impact Totals 0 0 0 0 0 0 17 109 Total Loss of Waters of the U.S. (ac) Total Loss of Waters of the U.S. (If) 8 Required Wetland Mitigation (ac) Required Stream Miti ation (If) Additional Remarks and/or Special Permit Conditions: Remarks: 86 linear feet of impacts associated with the replacement of the RCP and 15 linear feet of impacts associated with the replacement of the dissipation pad do not result in a loss of waters. SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: Sue Homewood North Carolina Department of Natural Resources Division of Water Quality 585 Waughtown Street Winston-Salem, NC 27107 Page 3 of 3