20081845 Ver 1_401 Application_20081208

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08-1845
USACE SECTION 404
NATIONWIDE PERMIT NO.18
EAST OF EDEN FARMS DAM REPAIR
Rockingham County, NC
S&ME Project No. 1588-08-057
Prepared for:
East of Eden Farms, LLC
605 Woodland Drive
Greensboro, NC 27408
Prepared by:
S&ME, Inc.
3718 Old Battleground Road
Greensboro, North Carolina 27410
December 10, 2008
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$S&ME
3718 Old Battleground Road
Greensboro, North Carolina 27410
Phone: [phone]
Fax: [phone]
Date: 12/15/08
LETTER OF TRANSMITTAL
Project Number: 1588-08-057
?r??c5oe[RDO
DEC 1 6 2008
DENR • WATER QUALITY
WETLANDS AND STORMWATEF, BRANCH
From: Melanie McKinney
To: Cyndi Karoly Copy to: File
NCDWQ 401 Wetlands Unit
2321 Crabtree Boulevard
Raleigh, North Carolina 27604
[phone]
Subject: Copy of Nationwide Permit No. 18 Application
Transmitted via
First Class
Mail
Remarks:
Overnight ?X Hand Other
Express Delivery ?
Cyndi,
Please find attached a copy of the permit application that has been submitted to the U.S. Army
Corps of Engineers (USACE). It is our understanding that issuance of a 401 is not necessary;
however, we are providing this application as a copy for your review. Feel free to contact me by
phone [phone] or email at mmckinneynsmeinc.com with any comments your agency
may have.
Thank you,
Melanie
USACE SECTION 404
NATIONWIDE PERMIT NO.18
EAST OF EDEN FARMS DAM REPAIR
Rockingham County, NC
S&ME Project No. 1588-08-057
Prepared for:
East of Eden Farms, LLC
605 Woodland Drive
Greensboro, NC 27408
Prepared by:
S&ME, Inc.
3718 Old Battleground Road
Greensboro, North Carolina 27410
December 10, 2008
S&ME
Colehrating 3 Years
1973-2008
December 10, 2008
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Attention: Mr. Andy Williams
Reference: Nationwide Permit No. 18 Application
East of Eden Farms Dam Reconstruction
Rockingham County, North Carolina
S&ME Project No. 1588-08-057
Dear Mr. Williams:
S&ME, Inc. (S&ME) is pleased to submit this application for impacts to waters of the U.S.,
including wetlands in accordance with the U.S. Army Corps of Engineers (USAGE)
Nationwide Permit (NWP) No. 18. S&ME is working on behalf of East of Eden Farms, LLC
who will be considered the applicant for this permit. Please find enclosed the following:
Figures: Vicinity Map (Figure 1), USGS Topographic Map (Figure 2), NRCS Soil
Survey Map (Figure 3), Approximate Delineation Location Map (Figures 4
and 5), Permanent Stream & Wetland Impacts Map (Figure 6), Temporary
Stream & Wetland Impacts Map (Figure 7) Pond Grading Plan by William
E. Mitchell Associates (Sheets 1-2)
Appendix 1: Completed Pre-Construction Notification (PCN) and signed Agent
Authorization Form
Appendix II: Site Photographs
Appendix III: Copies of agency correspondence
Appendix IV: Pond Design Calculations
SWE, INC. / 3718 Old Battleground Road / Greensboro, NC 27410 / p 336.288.7180 f 336.288.8980 / www.smeinc.com
Nationwide Permit No. 18 Application SWE Project No. 1588-08-57
East of Eden Farms Dam Reconstruction, Rockingham County, NC December 10, 2008
PROJECT BACKGROUND
For purposes of this permit application, the subject property is referred to as East of Eden
Farms and is an approximately 259-acre tract located on both sides of Quarter Road in
Stoneville, Rockingham County, North Carolina (36.5170°N, -79.9608°W).
Provided below is a list of pertinent information relating to the site and the permit
applicant:
Table 1: Pro'ect Information Summa
Applicant. East of Eden Farms, LLC
Mailing Address: Woodland Drive
Greensboro, NC 27408
Attention: Mr. Ed Wilson
Telephone Number: 336.240.0672
Address of Project: Quarter Road
Size of Project Area: A roximatel 259 Acres
Closest Waterwa : UT Paw Paw Creek, Class C
River Basin: Roanoke
Count : Rockingham
Coordinate Location of Boat Ram : 36.51700N, -79.9608°W
USGS Quadrangle: Price, NC 1981
S&ME completed a delineation of the project area in May 2008. The delineation was
reviewed by Mr. Andy Williams with the USACE Raleigh Regulatory Field Office on
October 23, 2008. Mr. Williams determined that the emergent wetland line should.
extend further into the open water area than what was originally delineated by S&ME.
S&ME made changes to the wetland line as requested by Mr. Williams and a revised
wetland map was developed as depicted in Figure 4.
A pre-application meeting was held on October 3, 2008 at the USACE Wake Forest
office. Mr. Andy Williams (USACE Raleigh Regulatory Field Office), Ms. Sue
Homewood (NCDWQ Winston-Salem Regional Office), Mr. Ian McMillan (NCDWQ
Central Office), Ms. Melanie McKinney (S&ME) and Mr. Connel Ware (S&ME) were in
attendance.
EXISTING SITE CONDITIONS
The subject property is undeveloped and currently managed for wildlife and recreation.
The project area consists of mature stands of both pine and pine/hardwood mixes.
Several agricultural fields are present within the property and have been planted to
attract wildlife. Logging/access roads provide access to different portions of the
property.
Nationwide Permit No. 18 Application SWE Project No. 1588-08-057
East of Eden Farms Dam Reconstruction, Rockingham County, NC December 10, 2008
A beaver impoundment has been delineated by S&ME in the western central portion of
the 259-acre tract. An unnamed tributary to Paw Paw Creek feeds the pond which is
dammed by partially earthen material overlain with beaver cuttings (Photos 1 and 2).
Water currently flows over the dam or seeps through the beaver lain material. The
existing dam shows signs of major erosion as well as the immediate downstream area as
depicted in Photo 3. Numerous beaver dams are also present in the upper reaches of the
pond and throughout a portion of the unnamed tributary. Emergent wetlands have been
delineated by S&ME above the normal pool elevation of the pond. Due to the flooding
of upland areas that formed the pond, stands of small pines are prevalent throughout the
open water as shown in Photos 4 and 5.
The existing land use within the vicinity of the project is largely agricultural and
undeveloped with several rural residential properties nearby. The subject property is
bordered to the north, east, and west by undeveloped land and bordered to the south by
undeveloped land with several agricultural fields.
ON-SITE JURISDICTIONAL AREAS
Wetlands
S&ME's Jurisdictional Delineation found approximately 4.7 acres of open water
wetlands and 0.97 acres of directly abutting emergent wetlands within the project area.
This delineation does not include all jurisdictional wetlands on the subject property, only
those within the project area.
Streams
S&ME's Jurisdictional Delineation found approximately 262 linear feet of tributaries
within the project area. An unnamed tributary (UT) to Paw Paw Creek (RPW perennial)
flows into the beaver impoundment (open water wetland). The outfall for the open water
wetland forms two tributaries (RPW seasonal) on either side of the main channel of the
UT to Paw Paw Creek (RPW perennial). This delineation does not include all
jurisdictional streams on the subject property, only those within the project area.
PROJECT DESCRIPTION
In order to prevent dam failure, reconstruction of a 100% earthen dam is required for this
project. Reconstruction of the dam will prevent dam failure and additional downstream
degradation, providing a safer dam in the event that off-site downstream properties are
developed in the future. The project will allow the property owner to repair damage from
beavers by removing dead trees that otherwise would not have been flooded. Future
plans include excavation within upland areas on the east side of the pond in order to
extend the outer edge of the pond.
The proposed project will entail draining of the pond during winter months between
December and March, using best management practices shown on the William E.
Mitchell Associates pond design plans, included in the Figures section of this application.
Nationwide Permit No. 18 Application SWE Project No. 1588-08-057
East of Eden Farms Dam Reconstruction, Rockingham County, NC December 10, 2008
Pine trees that have been flooded within the pond from beaver activity will be cut to a
height that does not exceed the normal pool elevation of the pond. Many of the tree
cuttings are planned to be removed from the pond bottom by hand removal. In the event
that they cannot be reasonably removed by hand, use of heavy equipment with chains is
planned. Equipment access points that allow for heavy equipment to work within upland
areas such as on the eastern side of the pond (between points OW2 and OW5) will be
used to the greatest extent practicable to minimize temporary impacts to the pond bottom.
Heavy equipment will be used to install an 84 inch corrugated aluminum riser with a
drain valve. The riser will be anchored in a concrete base 4.5 feet below the pond bottom
and stone filter will encompass approximately 5 feet around the base of the riser. A dam
will be constructed with an outlet pipe of 100 linear feet (66 inch corrugated aluminum).
The outlet pipe will empty into a rip rap apron on the downstream side of the dam. The
existing water surface elevation of the pond is 783.5 feet. The proposed water surface
elevation after reconstruction of the darn is 783.5 as shown on Sheet No. 2 of the design
plans. A 20 foot wide emergency spillway will be constructed on the southwestern side
of the dam.
Future project plans include excavation in upland areas to extend the outer pool of the
existing pond, as depicted in Figure 6. Sediment and erosion control best management
practices including placement of silt fencing to protect open water during grading will be
developed prior to commencement of grading activities associated with extending the
pond in this area. In the event that grading of upland areas exceeds one acre, a sediment
and erosion control permit will be obtained for the project.
PROPOSED JURISDICTIONAL IMPACTS
Approximately 0.04 acres of permanent wetland impacts are planned for this project with
construction of the new dam and excavation of upland areas to extend the outer edge of
the pond. Approximately 1.88 acres of temporary impacts may occur in the event that
heavy equipment is needed for removal of trees that are cut from the pond bottom.
Approximately 111 linear feet of permanent stream impacts are proposed for this project
in association with construction of the new dam. Approximately 45 linear feet of
temporary stream impacts are planned due to the installation of temporary best
management practice devices during draining of the pond.
PROTECTED SPECIES AND HISTORIC PROPERTIES
Federally-Protected Species
S&ME submitted scoping letters to the U.S. Fish and Wildlife Service (USFWS), the
North Carolina Natural Heritage Program (NCNHP), and the North Carolina Wildlife
Resources Commission (NCWRC). The NCWRC stated in a letter dated November 5,
2008 (Appendixx III) that there are records for the state significantly rare Roanoke
hogsucker (Hypentelium roanokense) in Paw Paw Creek. The NCWRC stated that there
Nationwide Permit No. 18 Application SWE Project No. 1588-08-057
East of Eden Farms Dam Reconstruction, Rockingham County, NC December 10, 2008
are records for federal and state endangered James spinymussel (Pleurobema collina), the
federal species of concern and state endangered green floater (Lasmigona subvirdis), and
the state species of concern notched rainbow (Villosa constricta) in the Mayo River.
The NCNHP stated in a letter dated November 7, 2008 (Appendix III) that they have no
record of rare species, significant natural communities, significant natural heritage areas,
or conservation/managed areas at the site, nor within a mile of the project area. To date
the USFWS has not responded to the scoping letter provided to them by S&ME.
Historic Properties
S&ME submitted a scoping letter to the State Historic Preservation Office (SHPO) on
October 15, 2007. SHPO responded with a December 20, 2007 letter, attached, stating
their office was not aware of historic resources that would be affected by the proposed
proj ect.
AVOIDANCE AND MINIMIZATION
In order to prevent dam failure, reconstruction of a 100% earthen dam is required for this
project. Reconstruction of the dam will prevent dam failure and prevent additional
downstream degradation, providing a safer dam in the event that off-site downstream
properties are developed in the future. The no-action alternative does not allow the
private property owner to adequately protect his property and downstream properties.
East of Eden Farms, LLC has designed the dam so that the existing water pool elevation
will remain the same after the new dam is constructed. Raising the water pool elevation
would result in impacts to streams and wetlands on-site. As an alternative to impacting
these streams and wetlands, future plans include excavation within upland areas east of
the pond to extend the outer edge of the pond with minimal jurisdictional impacts.
Sediment and erosion control best management practices will be designed based upon the
area of excavation and in the event that grading exceeds one acre, a sediment and erosion
control plan will be submitted for approval.
For the dam reconstruction, no wastes, spoils, or fills be placed within waters or riparian
areas beyond the limits of those depicted in this PCN application. Appropriate sediment
and erosion control practices equaling those outlined in the most recent version of the
"North Carolina Sediment and Erosion Control Planning and Design Manual" will be
required as part of the project specifications that govern the proper design and meet
appropriate turbidity water quality standards. Furthermore the pond is planned to be
drained during a time period recommended by the NCWRC.
An access corridor of approximately 30 feet from the edge of the pines in the pond
bottom has been allowed in the event that it is not practical to remove the pines by hand.
Impacts to the pond bottom wetlands associated with any equipment movement will be
temporary in nature and the existing contours will be restored to the greatest extent
practicable. Any excess material associated with installation of the riser and valve will
Nationwide Permit No. 18 Application SWE Project No. 1588-08-057
East of Eden Farms Dam Reconstruction, Rockingham County, NC December 10, 2008
be removed to a high ground disposal area and stabilized. Rip rap sized rock that is
placed for construction of a rock check (Temporary Stream Channel Impacts) will be
removed once construction activities have been completed. The stream channel will be
restored to its original contours to the greatest extent practicable in this temporary impact
area.
REGULATORY CONSIDERATIONS
A copy of this PCN is being submitted to the N.C. Division of Water Quality as a
courtesy copy since written approval for the 401 Certification is not required.
The applicant has contacted the N.C. Division of Land Quality and determined that a dam
safety review is not likely required by the proposed activity.
The NCWRC has provided comments and/or recommendations for this project.
Construction moratoriums established by NCWRC will be adhered to by East of Eden
Farms, LLC.
MITIGATION
The proposed project entails permanent impacts to 0.04 acre of wetlands and 111 linear
feet of stream channel. We do not anticipate that mitigation will be required for this
project based on the total amount of impacts.
CLOSING
By copy of this correspondence and completed PCN, we are requesting your acceptance of
this permit application. Your timely response to this PCN is appreciated, and if we can
provide additional information or answer questions you may have, please feel free to contact
us.
Sincerely,
S&ME, Inc.
`Md am'L 1. w&
Melanie L. McKinney, L.S.S. /
Natural Resources Project Ma ager
Yv
Rob Willcox, L.S.S.
Natural Resources Department Manager
Attachments
cc: Ms. Cyndi Karoly, NCDWQ 401 Wetlands Unit
Mr. Ed Wilson, East of Eden Farms, LLC
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DRAWN BY: JBP �x5 /l
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PROJECT NO: ROCKINGHAM COUNTY, NC
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DRAWN BY: JBF EAST OF EDEN FARMS DAM REPAIR 3
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EAST OF EDEN FARMS DAM REPAIR
PROJECT NO: ROCKINGHAM COUNTY, NC
1588-08-057

Nationwide Permit No. 18 Application SWE Project No. 1588-08-057
East of Eden Farms Dam Reconstruction Rockingham County NC December 10, 2008
APPENDIX I
Completed Pre-Construction Notification (PCN) and signed Agent Authorization Form
Office Use Only: Form Version March
05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
L 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 ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 18
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:
? N/A
II. Applicant Information
1. Owner/Applicant Information
Name: East of Eden Farms, LLC
605 Woodland Drive
Greensboro, North Carolina 27408
Attention: Mr. Ed Wilson
j Telephone Number: 336.342.8750
Fax Number: unknown
Email Address: [e-mail]
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: Melanie McKinney
Company Affiliation: S&ME, Inc.
Mailing Address: 3718 Old Battleground Road
Greensboro, North Carolina 27410
Telephone Number: 336.288.7180 Fax Number: 336.288.8980
E-mail Address: [e-mail]
Page 6 of 17
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: East of Eden Farms- Dam Reconstruction
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
Property Identification Number (Tax PIN): 701000989927
Location
County: Rockingham Nearest Town: Stoneville
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.):
From Raleigh: Take I-40 West, Keep Right on 1-40 Business via Exit 131 towards
US-70/Greensboro/Winston-Salem, Take Exit 44 toward US-70, Merge onto
Future I-840, Merge onto US-70 West, via Exit 19 toward Greensboro, US70-West
becomes E Wendover Avenue/US-220 North, Take 220-North towards Stoneville,
Take Smith Road Exit, Take Left onto Smith Road, Take Right onto Quarter
Road. Site is located west of Quarter Road on approximately 259 acre-tract. See
Vicinity Map (Figure 1) for detailed location.
4. Site coordinates, if available (UTM or Lat/Long): 36.5170 °N, -79.9608 °W
(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.)
Property size (acres): The property is approximately 259 acres.
5. Name of nearest receiving body of water: UT Paw Paw Creek, Class C
Index #: 22-30-6-(1)
Page 7 of 17
6. River Basin: Roanoke
(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.ne.us/admin/maps/.)
7. Describe the existing conditions on the site and general land use in the vicinity of the
project at the time of this application:
The subject property is undeveloped and currently managed for wildlife and
recreation. The project area consists of mature stands of both pine and
pine/hardwood mixes. Several agricultural fields are present within the property
and have been planted to attract wildlife. Logging/access roads provide access to
different portions of the property.
A beaver impoundment has been delineated by S&ME in the western central
portion of the 259-acre tract. An unnamed tributary to Paw Paw Creek feeds the
pond which is dammed by partially earthen material overlain with beaver cuttings
(Photos 1 and 2). Water currently flows over the dam or seeps through the beaver
lain material. The existing dam shows signs of major erosion as well as the
immediate downstream area as depicted in Photo 3. Numerous beaver dams are
also present in the upper reaches of the pond and throughout a portion of the
unnamed tributary. Emergent wetlands have been delineated by S&ME above the
normal pool elevation of the pond. Due to the flooding of upland areas that formed
the pond, stands of small pines are prevalent throughout the open water as shown
in Photos 4 and 5.
The existing land use within the vicinity of the project is largely agricultural and
undeveloped with several rural residential properties nearby. The subject
property is bordered to the north, east, and west by undeveloped land and
bordered to the south by undeveloped land with several agricultural fields.
8. Describe the overall project in detail, including the type of equipment to be used:
The proposed project will entail draining of the pond during winter months
between December and March, using best management practices shown on the
William E. Mitchell Associates pond design plans included in the Figures section
of this application. Pine trees that have been flooded within the pond from beaver
activity will be cut to a height that does not exceed the normal pool elevation of the
pond. Many of the tree cuttings are planned to be removed from the pond bottom
using a combination of hand removal and heavy equipment with chains. Access
points within upland areas such as on the eastern side of the pond (between points
OW2 and OW5) will be used to the greatest extent practicable to minimize
temporary impacts to the pond bottom.
Heavy equipment will be used to install an 84 inch corrugated aluminum riser
with a drain valve. The riser will be anchored in a concrete base 4.5 feet below the
pond bottom and stone filter will encompass approximately 5 feet around the base
of the riser. A dam will be constructed with an outlet pipe of 100 linear feet (66
Page 8 of 17
inch corrugated aluminum). The outlet pipe will empty into a rip rap apron on
the downstream side of the dam. The existing water surface elevation of the pond
l is 783.5 feet. The proposed water surface elevation after reconstruction of the
\ dam is 783.5 based on a review of Sheet No. 2 of the design plans. A 20 foot wide
emergency spillway will be constructed on the southwestern side of the dam.
Future project plans include excavation in upland areas to extend the outer pool of
the existing pond, as depicted in Figure 6. Sediment and erosion control best
management practices including placement of silt fencing to protect open water
during grading will be developed prior to commencement of grading activities
associated with extending the pond in this area. In the event that grading of
upland areas exceeds 1 acre, a sediment and erosion control permit will be
obtained for the project.
9. Explain the purpose of the proposed work:
In order to prevent dam failure, reconstruction of a 100% earthen dam is
required for this project. Reconstruction of the dam will prevent dam failure and
prevent additional downstream degradation, providing a safer dam in the event
that off-site downstream properties are developed in the future. The project will
allow the property owner to repair damage from beavers by removing dead trees
that otherwise would not have been flooded. Future plans include excavation
within upland areas on the east side of the pond in order to extend the outer edge
of the pond.
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
S&ME completed a delineation of the project area in May 2008. The delineation was
reviewed by Mr. Andy Williams with the USACE Raleigh Regulatory Field Office on
October 23, 2008. Mr. Williams determined that the emergent wetland line should
extend further into the open water area than what was originally delineated by
S&ME. S&ME made changes to the wetland line as requested by Mr. Williams and a
revised wetland map was developed as depicted in Figure 4.
A pre-application meeting was held on October 3, 2008 at the USACE Wake Forest
office. Mr. Andy Williams (USACE Raleigh Regulatory Field Office), Ms. Sue
Homewood (NCDWQ Winston-Salem Regional Office), Mr. Ian McMillan (NCDWQ
Page 9 of 17
Central Office), Ms. Melanie McKinney (S&ME) and Mr. Connel Ware (S&ME)
were in attendance.
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.
It is not anticipated that East of Eden Farms, LLC will require future 404/401 permits
from the USACE nor DWQ. No development is planned for this property.
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:
Approximately 0.04 acres of permanent wetland impacts are planned for this
project in association with construction of the new dam and excavation of upland
areas to extend the outer edge of the pond. Approximately 1.88 acres of
temporary impacts may occur in the event that heavy equipment is needed for
removal of trees that are cut from the pond bottom.
Approximately 111 linear feet of permanent stream impacts are proposed for this
project in association with construction of the new dam. Approximately 45 linear
feet of temporary stream impacts are planned due to the installation of temporary
best management practice devices during draining of the pond.
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.
Page 10 of 17
TOTAL: 0.04 acres of permanent impacts and 1.88 acres of temporary impacts.
. Located
Wetland Impact Type of Type of Wetland within Distance to Area of
Site Number
Impact (e.g., forested, marsh, 100-year Nearest Stream Impact (acres)
(indicate on map) herbaceous, bog, etc.) Floodplain (linear feet)
(yes/no)
Wetland Impact A Fill Pond bottom & No 75 ft. 0.003
Wetland Impact B Fill Pond bottom No 50 ft. 0.005
Wetland Impact C Fill Pond bottom No 50 ft. 0.009
Wetland Impact D Flooding Emergent wetlands No >200 ft. 0.01
Wetland Impact E Flooding Emergent wetlands No >200 ft. 0.01
Temp. Wetland Equipment pond bottom No 50 ft. 0.78
Impact A access
Temp. Wetland Equipment pond bottom No 50 ft. 1.1
Impact B access
Total Wetland Impact (acre) 1.92 ac
3. List the total acreage (estimated) of all existing wetlands on the property: 4.7 acres of
open water, 0.97 acres of directly abutting wetlands, and 262 linear feet of stream
was delineated within the project area. This does not include all wetlands on the
subject property.
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.
Page 11 of 17
Average Impact
Stream Impact
Type of
Perennial or Stream

Width
Length
Area of Impact
Number Stream Name Impact Intermittent?
fore
B (linear (acres)
(indicate on map) e feet)
Impact
Stream Impact A UT Paw Paw Pipe Intermittent 3 ft 13 0.0009
Creek .
Stream Impact B UT Paw Paw Fill Intermittent 4 ft 9 0.0008
Creek .
Stream Impact C UT Paw Paw Fill Perennial 6 ft 89 0.012
Creek .
Temp. Stream UT Paw Paw Rock perennial 45 0.006
Impact Creek check 6 ft.
Total Stream Impact (by length and acreage) 1561E 0.02 ac
TOTAL: 111 U. of permanent impacts and 45 U. of temporary impacts
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, Impact
(indicate on ma) bay, ocean, etc.) (acres)

0
N/A N/A N/A N/A
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.02 ac
Wetland Impact (acres): 1.92 ac
Open Water Impact (acres): None
Total Impact to Waters of the U.S. (acres) 1.94 ac
Total Stream Impact (linear feet): 1561.f.
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.
Page 12 of 17
S. 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. N/A
Size of watershed draining to pond: N/A
Expected pond surface area: N/A
V. 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.
In order to prevent dam failure, reconstruction of a 100% earthen dam is required
for this project. Reconstruction of the dam will prevent dam failure and prevent
additional downstream degradation, providing a safer dam in the event that off-site
downstream properties are developed in the future. The no-action alternative does
not allow the private property owner to adequately protect his property and
downstream properties.
East of Eden Farms has designed the dam so that the existing water pool elevation will
remain the same after the new dam is constructed. Raising the water pool elevation
would result in impacts to streams and wetlands on-site. As an alternative to raising
the water.pool elevation of the pond, future plans include excavation within upland
areas east of the pond to extend the outer edge of the pond with minimal jurisdictional
impacts. Sediment and erosion control best management practices will be designed
based upon the area of excavation and in the event that grading exceeds 1 acre, a
sediment and erosion control plan will be submitted for approval.
For the dam reconstruction, no wastes, spoils, or fills be placed within waters or
riparian areas beyond the limits of those depicted in this PCN application.
Appropriate sediment and erosion control practices equaling those outlined in the
most recent version of the "North Carolina Sediment and Erosion Control Planning
and Design Manual" will be required as part of the project specifications that govern
the proper design and meet appropriate turbidity water quality standards.
Page 13 of 17
Furthermore the pond is planned to be drained during a time period recommended
by the N.C. Wildlife Resources Commission.
An access corridor of approximately 30 feet from the edge of the pines in the pond
bottom has been allowed in the event that it is not practical to remove the pines by
hand. Impacts to the pond bottom wetlands associated with any equipment
movement will be temporary in nature and the existing contours will be restored to
the greatest extent practicable. Any excess material associated with installation of the
riser and valve will be removed to a high ground disposal area and stabilized. Rip
rap sized rock that is placed for construction of a rock check (Temporary Stream
Channel Impacts) will be removed once construction activities have been completed.
The stream channel will be restored to its original contours to the greatest extent
practicable in this temporary impact area.
VI. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of
impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to
perennial streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required
when necessary to ensure that adverse effects to the aquatic environment are minimal.
Factors including size and type of proposed impact and function and relative value of the
impacted aquatic resource will be considered in determining acceptability of appropriate
and practicable mitigation as proposed. Examples of mitigation that may be appropriate and
practicable include, but are not limited to: reducing the size of the project; establishing and
maintaining wetland and/or upland vegetated buffers to protect open. waters such as
streams; and replacing losses of aquatic resource functions and values by creating,
restoring, enhancing, or preserving similar functions and values, preferable in the same
watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in
order for USAGE 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://h2o.enr.state.ne.us/newetlands/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) 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
Page 14 of 17
proposed method of construction. Please attach a separate sheet if more space is
needed.
It is anticipated that the proposed project will not require mitigation. Therefore,
no mitigation plan has been developed.
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 [phone] to determine availability, and written approval
from the NCEEP indicating that they are willing 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
httpJ/h2o.enr.state.ne.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): None
Amount of buffer mitigation requested (square feet): None
Amount of Riparian wetland mitigation requested (acres): None
Amount of Non-riparian wetland mitigation requested (acres): None
Amount of Coastal wetland mitigation requested (acres): None
VII. 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 [phone] to review current thresholds for
environmental documentation.
Yes ? No ? N/A
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
? N/A
VIII. 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.
Page 15 of 17
No Riparian or Watershed Buffers
2
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3 (2 for Catawba)
2 1.5
Total
* 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
IX. 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.
No impervious surfaces are proposed for this project.
X. Sewage Disposal (required by DWQ)
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
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
applyin the buffer multipliers.
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.
No development is proposed for this project.
XI. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer
Rules?
Yes ? No
Page 16 of 17
Is this an after-the-fact permit application? Yes ? No
XII. 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
l with the most recent North Carolina Division of Water Quality policy posted on our
website at http://h2o.enr.state.ne.us/newetlands. If no, please provide a short narrative
description:
No development is planned for this project and the project will not provide access to
otherwise undeveloped properties. Furthermore no impervious surface will be
created by this project.
The proposed project outlined in this PCN will follow sediment and erosion control
best management practices as set forth in the plans. It is in the intent of these
guidelines to avoid degradation of water quality so that the project will not create
secondary and cumulative impacts affecting downstream portions of Paw Paw Creek.
XIII. 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).
Activities associated with the impacts outlined in this PCN are anticipated to be
completed before March 2008 when fish are not spawning. In order to meet this time
line, pond draining is planned to occur in early January.
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 17 of 17
Date:
Project
Property
Agent
f-, , 4
on behalf of
.agent with the MACE in connection with the
project,
O
Nationwide Permit No. 18 Application SWE Project No. 1588-08-057
East of Eden Farms Dam Reconstruction Rockingham County NC December 10, 2008
APPENDIX II
Site Photographs
Nationwide Permit 18 Application
East of Eden Farms Dam Repair
Rockingham County, NC
Project #: 1588-08-057
tS&ME
3718 Old Battleground Road
Greensboro, NC 27410

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Nationwide Permit 18 Application
East of Eden Farms Dam Repair
Rockingham County, NC
Project #: 1588-08-057
tS&ME
3718 Old Battleground Road
Greensboro, NC 27410

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Nationwide Permit 18 Application
East of Eden Farms Dam Repair
Rockingham County, NC
Project #: 1588-08-057
tS&ME
3718 Old Battleground Road
Greensboro, NC 27410
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Nationwide Permit 18 Application
East of Eden Farms Dam Repair
Rockingham County, NC
Project #: 1588-08-057
tS&ME
3718 Old Battleground Road
Greensboro, NC 27410
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Nationwide Permit No. 18 Application SWE Project No. 1588-08-057
East of Eden Farms Dam Reconstruction, Rockingham County, NC December 10, 2008
FA» 4:1 1] V4111.1
Copies of agency correspondence
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2008-01068 County: Rockirrclram U.S.G.S. Quad: Price
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Ed Wilson
Address: 651 HijIhland Drive
Eden, North Carolina 27288
Telephone No.: 336-342-8750
Property description:
Size (acres) 259 (approximately) Nearest Town Stoneville
Nearest Waterway Dan River River Basin Upper Dan
USGS HUC 03010103 Coordinates N 36.5170 W -79.9608
Location description Approximately 4500 feet north of the Smith Road, Quarter Road intersection in Rockingham
County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
Based on preliminary information, there may be 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. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
1 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.
X We strongly suggest you have the waters of the U.S. 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.
The waters of the U.S. 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 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 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.
Page 1 of 2
Action ID: SAW-2008-01068
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(LAMA). You should contact the Division of Coastal Management in Washington, NC, at [phone] to determine
their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute. a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Andrew Williams at 919-554-4884 ext. 26.
C. Basis For Determination
The streams and impoundment are relatively permanent waters (RPWs) that flow to an unnamed tributary of Pawpaw Creek,
which is also a RPW. Pawpaw Creek is a RPW and a tributary to the Mayo River, a RPW and a tributary to the Dan River, a
traditionally navigable water (TN)V). The Dan River is tributary to the J. Kerr Reservoir a navigable water of the United States and
an impoundment of the Dan River and other waters of the United States. The J. Kerr reservoir flows to Lake Gaston, _a navigable
water of the United States and an impoundment of the Dan River and other waters of the United States. Lake Gaston flows to the
Roanoke River a navigable water of the United States. The Ordinary High Water Mark (OHWM) of the unnamed tributaries were
indicated by the following physical characteristics: Bed and banks, clear natural line impressed on the bank, shelving, scour, and
the destruction of terrestrial vegetation. The wetlands meet the hydrouhytic vegetation, wetland Hydrology, and hydric soil criteria
of the 1987 Corps of Engineers Wetland Delineation Manual and are contiguous with the impoundment.
D. Remarks
This jurisdictional determination is only for tributary that is currently impounded by a beaver dam and two tributaries located
immediately upstream from the beaver impounment and wetlands that are adjacent to these waters. The determination does not
include any other waters/wetlands that may be located on the property.
Attached is an application for a Department of the Army permit.
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn:Andrew Williams, Project Manager,
Raleigh Regulatory Field Office
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 RF.A form, it must be. receive .at the above address by May 23, 2008.
**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: yyJ ???-?
Date March 24, 2008
Expiration Date March 24, 2013
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 ligp://re ug latoiy.usacesurvey com/ to
complete the survey online.
Copy furnished:
Sue Homewood
North Carolina Department of Natural Resources
Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
Page 2 of 2.
\(H'IH( 1TlO;N OI? ADNII?", 1';'l R' V1'1VI'PI'I' \1, (W 1,I)NI?1ND 1'1111M I S, 1\1)
1\11W I'S F I'(W 11'1'1.:11.
Applicant: Ed Wilson File Number: SAW-2008-01068 Date: March 24, 2008
At tached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of
permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
I l c' l l( )N' I -T I Iln.,in i l c2 I c,II o1 [I12 <1,? ,
('n? ??Lll;lU??ll> X11 N C?IT), furl J ?I.
A: INITIAL PROFFERED PERMIT: You may acceptor object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
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.
I APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
I 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
I completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer i
within 60 days of the date of this notice. I
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
I'II,',lli
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered pen-nit 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 detennined 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 infonnation that is already in the administrative record.
N)1 :1 (i1 OWI,\(I H)II, dT'71 ??JSOI,,1?"l? *'NL\I
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:
Andrew Williams, Regulatory Project Manager Mr. Mike Bell, Administrative Appeal Review Officer
Raleigh Regulatory Field Office CESAD-ET-CO-R
U.S. Army Corps of Engineers U.S. Army Corps of Engineers, South Atlantic Division
3331 Heritage Trade Drive, Suite 105 60 Forsyth Street, Room 9M15
Wake Forest, North Carolina 27587 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.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this
form to:
District Engineer, Wilmington Regulatory Division, Attn:Andrew Williams, Project Manager,
Raleigh Regulatory Field Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, North
Carolina 27587
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell,
Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9M15, Atlanta,
Georgia 30303-8801
North Carolina
Michael F. Easley, Governor
November 7, 2008
Ms. Melanie L. McKinney
S&ME, Inc.
3718 Old Battleground Road
Greensboro, NC 27410
Natural Resources
William G. Ross Jr., Secretary
Subject: Ed Wilson Pond - Removal and Replacement of a Dam; Quarter Road, Stoneville, Rockingham
County
S&M, E Prrjcct Nn. 15$fi-08.-057
Dear Ms. McKinney:
The Natural Heritage Program has no record of rare species, significant natural communities, significant
natural heritage areas, or conservation/managed areas at the site nor within a mile of the project area.
Your project proposal listed a large number of element occurrences within a two-mile radius of the
project corridor; however, a careful check of our database maps indicate that none of these lie within a
mile of the pond. Although our maps do not show records of such natural heritage elements in the
project area, it does not necessarily mean that they are not present. It may simply mean that the area has
not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field
surveys, particularly. if the project area contains suitable habitat for rare species,. significant natural
communities, or priority natural areas.
You may wish to check the Natural Heritage Program database website at www.nenhp.org for a listing of
rare plants and animals and significant natural communities in the county and on the quad map. Our
Program also has a new website that allows users to obtain information on element occurrences and
significant natural heritage areas within two miles of a given location:
<http:/hilipweb.enr.state.ne.us/nhis/public/gmap75-main.phtml>. The user name is "public" and the
password is "heritage". You may want to click "Help" for more information.
NC OneMap now provides digital Natural Heritage data online for free. This service provides site
specific information on GIS layers with Natural Heritage Program rare species occurrences and
Significant Natural Heritage Areas. The NC OneMap website provides Element Occurrence (EO) ID
numbers (instead of species name), and the data user is then encouraged to contact the Natural Heritage
Program for detailed 'information. This service allows the user to quickly and efficiently get site specific
NHP data without visiting the NHP workroom or waiting for the Information Request to be answered by
NHP staff. For more information about data formats and access, visit <www.nconemap.com>, then click
on "FTP Data Download", and then "nheo.zip" [to the right of "Natural Heritage Element Occurrences"]
You may also e-mail NC OneMap at <datagnncmail.net> for more information.
1601 Mail Service Center, Raleigh, North Carolina 276991601 One
NO Ca1'01/1118
Phone: [phone] FAX: [phone] Internet: www.enr.state.nc.us/ENR/
An Equal Opportunity /Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper
Please be aware that you used an outdated address which has delayed our response by at least two
weeks Our current address is: N.C. Natural Heritage Program 1601 MSC Raleigh NC 27699-1601.
Please do not hesitate to contact me at 919-715-8697 if you have questions or need further information.
Sincerely,
Harry E. LeGrand, Jr., Zoologist
Natural Heritage Program
AIL S&ME
1973 z2,008
October 8, 2008
U.S. Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, North Carolina 27636-3726
Attention: Mr. Dale Suiter
Reference: Information Request
Ed Wilson Pond
Quarter Road
Stoneville, Rockingham County, NC
S&ME Project No. 1588-08-057
Dear Mr. Suiter:
S&ME is submitting this letter on behalf of our client, Mr. Ed Wilson, in accordance with
requirements of the application for a Section 404 permit, regulated by the U.S. Army
Corps of Engineers. Please note that federal involvement is limited to the Section 404
permit and this project is not subject to review by the Federal Energy Regulatory
Commission (FERC). The project area consists of a portion of an unnamed tributary to
Paw Paw Creek, its impoundment (approximately 5.3 acre pond), its outfall, and
surrounding emergent wetlands. The pond is located on an approximately 259 acre tract
west of Quarter Road in Stoneville, Rockingham County, North Carolina (36.31.03 °N,
79.57.38°W).
Project plans include draining the pond during time periods approved by the North
Carolina Wildlife Resources Commission, removal of the existing dam, expansion of the
pond's, outer limits through excavation within upland areas, and installation of a new
earthen dam.
The location of the project area is depicted on the Vicinity Map (Figure 1), a USGS
Topographic Map (Figure 2), an NRCS Soil Survey Map (Figure 3), and an Aerial
Photograph (Figure 4).
SWE, INC. / 3718 Old Battleground Road / Greensboro, NC 27410 / p 336.288.7180 f 336.288.8980 / www.smeinc.com
Information Request SWE Project No. 1588-08-057
Ed Wilson Pond - Stoneville, Rockingham County, NC October 8 2008
Federally Protected Species
J According to the U.S. Fish and Wildlife Service online database accessed October 7,
i 2008, the Roanoke logperch (Percina rex), James spinymussel (Pleurobema collina),
Smooth coneflower (Echiuacea laevigata) were listed with a current record status as
endangered (E) for Rockingham County, North Carolina. The Green floater
(Lasmigona subviridis) and Prairie birdsfoot -trefoil (Lotus unifoliolatus var. helleri)
was listed with a current record status as federal species of concern (FSC) for
Rockingham County, North Carolina.
This letter serves as a written request to review additional records you may have relating
to rare, endangered, or threatened species; significant natural heritage areas; or high
quality natural communities within the vicinity of the project area, and provide comments
regarding the interests of your agency.
Thank you for your time, and if we can provide additional information, please do not
hesitate to contact S&ME at 336.288.7180.
Sincerely,
S&ME
1- ,-
y I r' 1
Melanie L. McKinney, L.S.S.
Natural Resources Staff Professional',
Attachments
Figure 1 -Site Vicinity Map
Figure 2 -USGS Topographic Map
Figure 3 -NRCS Soil Survey Map
Figure 4- Aerial Photography
Figure 5- Approximate Delineation Location Map
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SCALE: 1" = 1 mile FIGURE
l
DATE: NO.
May, 2008 V I C I "'y MAP
DRAWN BY: JBP '=�
ED WILSON
PROJECT NO: ����� ROCKINGHAM COUNTY, NC
1588-08-057

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17
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DATE: May, 2008
DRAWN BY: JBP
PROJECT NO:
L 1588-08-057
aft 'gab,
USGS TOPOGRAPHIC MAP
FIGURE
NO.
ED WILSON 12
ROCKINGHAM COUNTY, NC
Total Wetland Area 'Total Pond Area total Stream Length
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DATE: 5-28-08
DRAWN BY: JBI
PROJECT NO:
1588-08-057
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9 North Carolina Wildlife Resources Commission
Gordon S. Myers, Executive Director
5 November 2008
Ms. Melanie L. McKinney.
S&ME, Inc.
3718 Old Battleground Road
Greensboro, NC 27410
Subject: Information Request for Ed Wilson Pond, Quarter Road, Stoneville, Rockingham County
County, North Carolina. S&ME Project No. 1588-08-057
Dear Ms. McKinney:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the
subject information and we are familiar with the habitat values of the area. Our comments are provided in
accordance with provisions of the Clean Water Act of 1977 (as amended), Fish and Wildlife Coordination
Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d), North Carolina General Statutes (G.S. 113-131 et
seq.), and North Carolina Administrative Code 15A NCAC 101.0102.
The applicant proposes to drain an existing 5.3 acre pond, remove the dam, expand the pond's outer
limits by excavating in upland areas, and install a new dam. The project is located on an unnamed tributary
to Paw Paw Creek, a tributary to Mayo River in the Roanoke River basin. There are records for the state
significantly rare Roanoke hogsucker (Hypentelium roanokense) in Paw Paw Creek. Additionally, there are
records for the federal and state endangered James spinymussel (Pleurobema collina), the federal species of
concern and state endangered green floater (Lasmigona subvirdis), and the state special concern notched
rainbow (Villosa constricta) in Mayo River. We suggest the applicant consult with the U.S. Fish and
Wildlife Service at [phone] regarding potential impacts on the James spinymussel or its habitat.
We offer the following comments and/or recommendations regarding the proposed project.
1. The applicant should contact the Division of Water Quality regarding procedures for draining the
pond to minimize downstream impacts to water quality.
2. If the pond will not need to be completely drained to construct a new dam, then performing the
work between 15 October and 15 March would minimize impacts to aquatic resources in the
pond. However, if the pond will need to be completely drained then measures should be
established to prevent downstream escapement of fish and to manage and properly dispose of any
dead fish.
3. The applicant should contact the N.C. Division of Land Quality to determine if a dam safety
review is required.
4. The applicant should contact the N.C. Division of Water Resources (DWR) regarding a minimum
flow release.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fag: [phone]
2 .d Sz9L'6btr'9EE queRig ijegS e6tr:0T Bo so nQW
Page 2
5 November 2008
Quarter Road Pond
5. Any outflow pipe must be designed to draw water from near the bottom of the pond. Coldwater
bottom withdrawal devices should be within 1-2 feet of the bottom, but not on the bottom. This
design will prevent buildup of poorly oxygenated water and improve water quality in the pond.
The discharge should be aerated to enhance dissolved oxygen levels.
6. A stocking permit from the NCWRC is now required to stock any species of fish, mollusks or
crustaceans in public, inland fishing waters of North Carolina. Applications for a stocking permit
are available at hltg://www.newildlife.org. There is no fee associated with the permit application
process. Only desirable species that are found in adjacent waters should be stocked and it should
be demonstrated there is minimal or no threat to game fish or state or federally listed species in
adjacent waters.
7. Native woody vegetation (e.g., river birch, sycamore, bald cypress, water oak, willow oak,
overcup oak, swamp white oak, swamp chestnut oak) should be re-established wherever possible
around the impoundment, but not on the dam. For watersheds that support federally listed
species, we recommend a 100-foot forested buffer on intermittent streams and a 200-foot forested
buffer on perennial streams. These areas should be protected with conservation easements.
$. Residual flow in the stream below the dam must be maintained during filling of the impoundment
to protect aquatic life. However, turbid water should not be discharged. Until water in the
impoundment is clear, flexible pipe should be used to maintain any stream flow around the
impoundment.
9. Concrete is toxic to aquatic life and should not be allowed to come in contact with surface waters
until cured.
10. All mechanized equipment operated near surface waters should be inspected and maintained
regularly to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or
other toxic materials.
11. Rock, sand, or other materials should not be excavated from the stream channel except in the
immediate permitted area. Also, sandbags, flexible pipe, or other stable diversion structures
should be used to avoid excavation in flowing water.
12. A plan should be developed to manage sediment behind the dam. Potential examples include
periodical flushes (thorough sediment analysis and prior assessment of the foreseeable effects of
releasing sediment must be included) and sediment removal (passive techniques are preferred
such as sediment trapping devices).
13. Sediment and erosion controls measures should be installed prior to any land clearing or
construction. These measures should be routinely inspected and properly maintained. Excessive
silt and sediment loads can have numerous detrimental effects on aquatic resources including
destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species.
Thank you for the opportunity to comment on this project. If we can provide further assistance,
please contact our office at [phone].
Sincerely,
Shari L. Bryant
Piedmont Region Coordinator
Habitat Conservation Program
E • d SZ9L ' 6{.ir ' 9EE queRig i jeyS e6tlc 8 T 80 So AOW
?,?s STATp q,.
a?
North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B. Sandbeck, Administrator
Michael F. Easley, Governor Office of Archives and History
Lisbeth C. Evans, Secretary Division of Historical Resources
Jeffrey J. Crow, Deputy Secretary David Brook, Director
October 24, 2008
j Melanie McKinney
S&ME
3718 Old Battleground Road
Greensboro, NC 27410
Re: Ed Wilson Pond, Quarter Road, S&ME # 1558-08-057, Stoneville, Rockingham County, ER 08-2420
I
Dear Ms. McKinney:
Thank you for your letter of October 8, 2008, concerning the above project.
We have conducted a review of the proposed undertaking and are aware of no historic resources that would be
affected by the project. Therefore, we have no comment on the undertaking as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579. In all future
communication concerning this project, please cite the above referenced tracking number.
Sincerely,
VO r?
Peter Sandbeck
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599
Nationwide Permit No. 18 Application SWE Project No. 1588-08-057
East of Eden Farms Dam Reconstruction Rockingham County NC December 10, 2008
APPENDIX IV
Pond Design Calculations
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