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HomeMy WebLinkAbout20060974 Ver 3_More Info Received_20090406 ?oF W ALF9 0 7 (' t O < oV-Ockliv Y3 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification PC Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: ,Z9 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? Yes ? No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification - Regular ® Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes ® No For the record only for Corps Permit: ? Yes ® No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: Ashton Meadows Phase Two 2b. County: Franklin County, NC 2c. Nearest municipality / town: Youngsville, NC 2d. Subdivision name: Ashton Meadows 2e. NCDOT only, T.I.P. or state project no: 1 N/A , 3. Owner Information L? 3a. Name(s) on Recorded Deed: Satterwhite Construction Inc. 3b. Deed Book and Page No. DB 1608, PG 320 DENR'?jORT14@A?ERBRPNCN 1[)S ANp 3c. Responsible Party (for LLC if applicable): 3d. Street address: 5933 Farnwell Rd. 3e. City, state, zip: Raleigh, NC 27610 3f. Telephone no.: (919) 266-0033 3g. Fax no.: (919) 261-8224 3h. Email address: Page I of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ® Other, specify: Consultant 4b. Name: Lewis Hardee 4c. Business name (if applicable): John A. Edwards & Company 4d. Street address: 333 Wade Avenue 4e. City, state, zip: Raleigh, NC 27605 4f. Telephone no.: (919) 828-4428 4g. Fax no.: (919) 828-4711 4h. Email address: lewis@jaeco.com 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 11 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1863-84-9412 1b. Site coordinates (in decimal degrees): Latitude: 36.04101 Longitude: - 78.43233 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 69.50 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Unnamed tributary of Cedar Creek proposed project: 2b. Water Quality Classification of nearest receiving water: C; NSW 2c. River basin: Tar-Pamlico 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: All streets and storm drainage structures denoted within Phase One on plan are existing. All sewer is existing with the exception of the legs of sewer associated with the impact and extending towards Hill Road, as noted on plan. The surrounding land consists of farmland and rural subdivisions. 3b. List the total estimated acreage of all existing wetlands on the property: No wetlands exist in this phase. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 5,735 LF 3d. Explain the purpose of the proposed project: To extend sewer mains for the use of the residents of the subdivision. 3e. Describe the overall project in detail, including the type of equipment to be used: The project is a residential subdivision zoned R-15. 8" public sewer is to be installed. Equipment to be used is expected to include cleavers, graders, loaders, backhoes, and pavers 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes ? No ? Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ? Preliminary ? Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: S&EC Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Approval for a DWQ 401 Water Quality Certification and Authorization Certificate was issued on September 15, 2006 for an application dated August 15, 2006. The DWQ Project Number is EXP 06-0974. This permit was issued for the impact of two streams, two buffers, and one wetland. The impacts were permitted for the construction of two sewer mains and one public road. These permits expired before construction took place and therefore the current application is necessary to re-permit the sewer mains and road crossing needed for Phase Two of Ashton Meadows. An Authorization Certificate was issued on July 11, 2008 for an application dated June 24, 2008 for DWQ Project Number 2006-0974V2. This permit was issued for the construction of a sewer main and buffer impact and to re-permit the previously approved crossing in Phase One of Ashton Meadows. A copy of the Previous DWQ Approval letters has been enclosed. 6. Future Project Plans 6a. Is this a phased project? ® Yes ? No 6b. If yes, explain. The project is comprised of two phases, both for residential construction. Both phases require permitting for crossings necessary to access and to provide utilites for the residents of the subdivision. Construction of all Phase One crossings is complete. This application will permit the remaining crossings required for the subdivision. Page 4 of 11 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ? Wetlands ® Streams - tributaries ® Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary W1 ? P ? T ? Yes ? Corps ? No ? DWQ W2 ? P ? T ? Yes ? Corps ? No ? DWQ W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes ? Corps ? No ? DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ? T Culvert Installation Unnamed Trib. of ®PER ? Corps 4 87 Cedar Creek ? INT ® DWQ S2 ® P ? T Riprap Installation Unnamed Trib. of Cedar Creek ® PER ?INT ? Corps ®DWQ 6.20 -40 -4P AOMF S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ [jC 3h. Total stream and tributary impacts 3i. Comments: Page 5 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number- (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 411 Total open water impacts 4g. Comments: 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5E Total 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWO) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then you MUST fill out Section D of this form. 6a. ? Neuse ® Tar-Pamlico ? Other: Project is in which protected basin? ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required 131 ®P ? T Road Unnamed Tributary ? Yes 6339 3560 Crossing of Cedar Creek ® No B2 ®P ? T Sewer Unnamed Tributary ? Yes 1271 908 Crossing of Cedar Creek ® No B3 ®P ? T Sewer Unnamed Tributary ? Yes 1251 985 Crossing of Cedar Creek ® No 6h. Total buffer impacts 8861 5453 6i. Comments: Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts to waters of the US were avoided with aerial sewer crossings. Stream impacts at the road crossing were unavoidable due to the presence of a perennial stream, which divides the property north and south. Efforts were made during design to minimize pipe length and fill slope extending into the buffers and stream channel. Fill slopes will be graded at maximum slope to minimize buffer/stream impacts. Sewer mains at crossings are at approximately 90 degrees and are shallow as to impact as little buffer as possible and none of the stream. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Impacts to waters of the US were avoided with aerial sewer crossings. Stream impacts at the road crossing were unavoidable due to the presence of a perennial stream, which divides the property north and south. Efforts were made during design to minimize pipe length and fill slope extending into the buffers and stream channel. Fill slopes will be graded at maximum slope to minimize buffer/stream impacts. Sewer mains at crossings are at approximately 90 degrees and are shallow as to impact as little buffer as possible and none of the stream. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ® No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank El Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form -Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ? Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 8 of 11 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ? No within one of the NC Riparian Buffer Protection Rules? 1b. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes No Comments: All water enters the buffer naturally as diffuse flow. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? <15.0 % 2b. Does this project require a Stormwater Management Plan? ® Yes ? No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Stormwater management plan to be submitted to Franklin County at the time of grading permit. The stormwater management plan will provide the required diffuse flow at all discharge points in compliance with DWQ and Franklin County standards. ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Franklin County ® Phase II 3b. Which of the following locally-implemented stormwater management programs ® NSW ? USMP apply (check all that apply): ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No attached? 4. DWQ Stormwater Program Review ? Coastal counties 4a. Which of the following state-implemented stormwater management programs apply ? HQW ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ® No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No Page 9 of 11 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ? Yes ? No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. No future impacts or submittals are anticipated. All sewer main and road construction is to serve the Ashton Meadows Subdivision and its residents only. No additional development associated with these impacts is anticipated. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. An 8" sanitary sewer main will be installed to carry wastewater to an existing sewer main located in Hill Road right-of-way. Page 10 of 11 PCN Form - Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? ? Yes ® No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ® Yes ? No 5c. If yes, indicate the USFWS Field Office you have contacted. ® Raleigh ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? 7[:] Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? ? Yes ® No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? _Z yes ? No 8b. If yes, explain how project meets FEMA requirements: No structures exist or will be built in the 100 year floodplain. 8c. What source(s) did you use to make the floodplain determination? Franklin County GIS Floodplain download. Lewis Hardee _ 4-1-2009 Applicant/Agent's Printed Name Applica Ag is Signature (Agent's signature is valid only if an authorization letter from the applicant is provided. Date Page 11 of 11 PCN Form - Version 1.3 December 10, 2008 Version A w o O O y. ^ O f3, 'LS cn LA1,. CAD . D a co "n y o p?]j ¢ o y O (D A y A o Ei E.- 00 s_ A O Cp ? "C3 O [n (D 0. 0 0 o CL 0 0 I o °- F. z c CD C a w a no 'CD+ Y O_ vOi O ? C O >?ry_ cD cD ? C m m C3' CD cD O ? QO.• -n o 0 K 0 ?. CD 0 CD CD a N O c •?`t- h J en? ` -1 Lit Ay- N J Aq, Lu- 5 \ i Iy' ` ??`?`rj.J. f •' j Kam'''` Wit VP( Trn7Tff / 1f 77- -- `'cam ? •? ? [. ?? r 1 I O O O. c 0 cD N W N O O 00 O O 1y O? m T 0 D C p m z D z v 0c = c ? m w P m 2 'r frA i = m r m m 0 m z 0 GJ 0 3 TD V 1 =T /\ O ^z l J c V n D n 1 .-1111111 \.\111111,' 1 IVllt,l l,' t\?. \..VIU L_alu r apc 1 k )l I OWNERSHIP 10082007 31070 301 1PROPERTY DESCRIPTION ITAX SUBDIVISIONS IMAP NUMBER CARD NO SATTERWHITE CONSTRUCTION INC IHILL TR 2 IYOUNGSVILLE TOWNSHI IE06 00 002 1 IMB 95/390 1 IRECORD NUMBER:. 5239 5933 FARMWELL RD I IYOUNGSVILLE FIRE IROUTE RALEIGH NC 27610 I I ILISTER:KTM072503 DEED:1608 320MO3192007 1950000-991HILL RD/1113 SR I IREVIEW:BXH101403 ITOPO ISTREET (UTILITY IZONING 35.26 ACRES NBHD ILEVEL IPAVED 1WELL IR 15 3000 1 1 ISEPTIC I NOTES:RE 496/456,457 93/E/233 I I IELECTRICI i#1LAND CLASS I SIZE IBASERATE*FRNT*DPTH*ADJ=ADJRATE*UNITS=LND-VALUE 121223CLEARED21 18.50AC1 56251 0.99ACFI I 5569118.501 103027 13132JWOOD 2 1 16.26AC1 28131 0.99ACFI 1 2785116.261 45284 14119KPOND/LAKI 0.50ACI 18001 0.99ACFI 1 17821 0.501 891 (LAND VALUE: 149202 I#IOTHER FEAT I SIZE IBASERATE*COND =ADJRATE*UNITS=OFB-VALUE I I ( I I 1 I I (OTHER VALUE: 0 IFNDATIONIXTRFNISHIROOFTYPEIROOFMTRLISIZE/QTYI 1.OOSTHT IWALLFNSHIFLOORS IHEAT8eAIRIHEATFUELI I VACANT #ISTRUCTUREISKTCH-SF*STHT= AREA RATE*GRDF+HEAT+EXWL*WLHT=ADJRAT* AREA= RPCN* DEPF*CNDF=STR-VALUE STRUCTURE VALUE: 0 VALUATION( VALUEIPREV-VAL.IP-N%I SALEIS-N%1 TOTAL VALUE 149202 LAND 1 I 1 1492021 778031191%IMLTLSTNGI I 4231LV/AC OTHERFEATI i 1 01 1 1031920071 1 STRUCTUREJ I 1 01 1 1119608-3201 1 7%1 APPRAISED-VALUE: 149202 http://www.co.franklin.nc.us/cgi-bin/CreatePRC_2.pl?Card=1 &recNum=5239 6/23/2008 iuun1111 `.vUi«y l 1?%JIU ?_"IU OWNERSHIP 10092007 31070 300 (PROPERTY DESCRIPTION ITAX SUBDIVISIONS IMAP NUMBER CARD NO SATTERWHITE CONSTRUCTION INC (HILL TR 1 IYOUNGSVILLE TOWNSHI IE06 00 002D 1 IMB 95/390 1 IRECORD NUMBER:. 30221 5933 FARMWELL RD IYOUNGSVILLE FIRE IROUTE RALEIGH NC 27610 1 I ILISTER:KTM072503 DEED:1608 320M03192007 1950000-991HILL RD/1113 SR I IREVIEW:BXH101403 ITOPO ISTREET (UTILITY IZONING 35.27 ACRES NBHD ILEVEL IPAVED IELECTRICIR 15 3000 I I I I NOTES:RE 496/456,457 93/E/233 I#ILAND CLASS I SIZE ISASERATE*FRNT*DPTH*AD3=AD3RATE*UNITS=LND-VALUE 12122JCLEARED21 11.00ACI 56251 0.99ACFI 1 5569111.001 61259 13132JWOOD 2 1 23.15AC1 28131 0.99ACF1 1 2785123.151 64473 4119KPOND/LAKI 1.12ACI 18001 0.99ACFI 1 17821 1.121 1996 I ILAND VALUE: 127728 i#IOTHER FEAT I SIZE IBASERATE*COND =AD3RATE*UNITS=OFB-VALUE ]OTHER VALUE: 0 IFNDATIONIXTRFNISHIROOFTYPEIROOFMTRLISIZE/QTYI 1.OOSTHT IWALLFNSHIFLOORS IHEAT&AIRIHEATFUELI VACANT 0 I #ISTRUCTUREISKTCH-SF*STHT= AREA RATE*GRDF+HEAT+EXWL*WLHT=ADIRAT* AREA= RPCN* DEPF*CNDF=STR-VALUE STRUCTURE VALUE: 0 VALUATION( VALUEIPREV-VAL.IP-N%I SALEIS-N%1 TOTAL VALUE 127728 LAND I I I 1277281 729441175%IMLTLSTNGI 1 3621LV/AC OTHERFEATI I I 01 1 1031920071 1 STRUCTURE] 1 I 01 1 11608-3201 I TOTAL 1 I I 1277281 729441175%1 19500001 6%1 APPRAISED-VALUE: 127728 http://www.co.franklin.nc.us/cgi-bin/CreatePRC_2.p]?Card=1 &recNum=30221 6/23/2008 _??` F?(? 11-?, ? :ref lff? ? ? `• ? y"y ? _ ] j/ ( ? J r o c r-? i ?? . i - •: ,ice <,,, L . r /-':. _ ? Soil Map-Franklin County, North Carolina (Ashton Meadows Phase One) N Meters A 0 50 100 200 300 Feet 0 350 700 1,400 2.100 I SDI\ Natural Resources Web Soil Survey 2.0 6/23/2008 iM Conservation Service National Cooperative Soil Survey Page 1 of 3 Soil Map-Franklin County, North Carolina (Ashton Meadows Phase One) tern N 0 350 70 1,40 2,100 A Feet 0 1,00 2,000 4,000 6.00 ISDa Natural Resources Web Soil Survey 2.0 Conservation service National Cooperative Soil Survey 6/23/2008 Page 1 of 3 I^ II 0z p ? 7 C lD d ? O N = O Z N m Z w 0 J 01 n fD O Q p (1) N O O) cn C m 2 O. N c O C N v mn ? N lD W N N O O mJ OOD N D N O ? w A f11 $ ce +< O O k ® X X® no m ? to mn mo mn to u) u) mn ;n -p 7y r r G1 n () m m O mn D to 0 N ?" N O. 70c m n A m C < < m `mG O' f -M m w :n "M CL En cn 2- m o to to m" o o °' p N m o o m A F mn - m - c 3= v v m C w `z m w w .wm.. CD w CL ?S w m ' O w } % d V 3 s 0 m O m - m m 3 ' O 1 9 - d d Q A 4 C , r C• , 0 N Ll m S .Zl C j? ? w y m j H d D N 0 fn .C d W mn CL C F w = 0) .m N `G 0) w to w O v O 030? 0 03 co 7•z o?0 3°?O 3 mo 3 m m = < m p o. q -c fO. F me ID '2'a c my ° Cn3 w'_> nCL m D2 on a) 2. DNOi m m7y ON y 07 mD 7 .CO.. g Cn [S n 0 (D D n (n C 3 C O D) m N o.o ?? mN y?? 3mDmi? CL CL tQ O m m m v N 6 '< mD 7 7 N n v O O . m 3? Z m -0 c 7 (D 5 N 4l d C >, 01 Vdi O- CD G? D N r 7 3 (D -° mS O CL CL Ri CA N O x (D .< 10 Q w 0 7 0 0 '? A Q N ID mJ 3 v mD 7 a 3 N m m 0 M ? ? ? 3 p mo f ; o (0 m rn °. to Er tD ° N N m C N N D W O N n C V S fD 0- (n p N f : rpz ° z? C) j m? N D O ? Q D C O M CD 3 0 O? Z z 0 0)= m -">.S N -40 M m S3 N N p p C cn 7 d 3 `G d O N O co 0 N 7 'D < CD a) y =r ,Z CS N _ co w Z 3(0 n CD cD = m a w' 20 N C f C. co o m' 3 0 JCL <m =7 co 0) O N d mp O N ry D -o I - m G) m z v D Z n X D 0 Z U) O D? N S E Tm 7 D ? x d 7 0 n O O N C 7 S- 0) z w O N OS 7 ? N d v O 7 d Soil Map-Franklin County, North Carolina Ashton Meadows Phase One Map Unit Legend HeB Helena sandy loam, 2 to 6 8.71 percent slopes PaD2 Pacolet day loam, 10 to 15 4.7 ! 2.3% - percent slopes, eroded l -- - -- - - - - ---- --- - - - - VaB Vance sandy loam, 2 to 6 1 ? 0.6% percent slopes W Water 1 3.4 : 1.6% WaB Wake-Saw-Wedowee complex, 16.5', 7.9%'. - - 2 to 8 percent slopes, e. - -- -- - WbD Wake-Wateree-Wedowe 20.5 .9% complex, 8 to 15 percent slopes, rocky ?- - - WcE - Wake-Wateree complex, 15 to 0.1 ° I 0.0,6 30 percent slopes, very rocky WeB j Wedowee sandy loam, 2 to 6 39.7 19.1% percent slopes sandy loam Wedowee , 6 to 10 9 9 4.8%1 - -- percent slopes -..- WeD Wedowee sandy loam, 10 to 15 59.5 1, - - - - -- - 28.7% percent slopes Totals for Area of Interest (AOI) 207.4 - - - -- 100.0% Franklin County, North Carolina (NC069) Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI CaB Cecil sandy loam, 2 to 6 percent 25.7 12.4% slopes ChA ! Chewacla and Wehadkee soils, 1 17.4 8.4%1 0 to 3 percent slopes, frequently flooded USDA Natural Resources Web Soil Survey 2.0 6/23/2008 '? Conservation Service National Cooperative Soil Survey Page 3 of 3 T?c9o O40? WA G r O ^C Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality July 11, 2008 DWQ Project # 2006-0974V2 County: Franklin Satterwhite Construction, Inc. Attn: Mr. Lewis Hardee 5933 Farmwell Rd Raleigh, NC 27610 Subject Property: Ashton Meadows Phase 1, Youngsville, NC UT to Cedar Creek [030301, 28-29-(2), C, NSW] AUTHORIZATION of Tar-Pamlico River Buffer Rule (15A NCAC 02B.0259) Authorization Certificate Dear Mr. Hardee: You have our authorization, in accordance with 15A NCAC 02B .0259 and any conditions listed below, to impact approximately 2,002 ft of Zone 1 and 1,735 ft of Zone 2 of the protected riparian buffers for the purpose of constructing the sewer line at the subject property as described within your application dated June 24, 2008, received by the Division of Water Quality (DWQ) on June 24, 2008. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge regulations. This authorization is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this authorization letter and is thereby responsible for complying with all conditions. This authorization requires you to follow the conditions listed below. The Additional Conditions of the Certification are: I . Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved Units Plan Location or Reference Zone 1 Buffers 2,002 (square ft. Page 11 of PCN Zone 2 Buffers 1,735 (square ft. Page 11 of PCN 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: 401 Oversight/Express Review Permitting Unit N , Carona 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state,L/nL q laons An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paoer Satterwhite Construction, Inc. Page 3 of 3 July 11, 2008 Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place at the time'of recording of the property, or of individual lots, whichever is appropriate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at: http://h2o.enr.state.nc.us/ncwetiands. The text of the sample deed notification may be modified as appropriate to suit to this project. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G. S. 150B. This Authorization Certificate shall expire five (5) years from the date of this letter. This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B .0259. If you have any questions or would like a copy of the buffer rules, please call Amy Chapman (919) 733-1786. This letter does not authorize any impacts to either Waters of the United States or Waters of the State. Please contact the US Army Corps of Engineers (USACE) or NC Division of Water Quality (DWQ) if any impacts are proposed to either of these waters. Sinc ely Coleen H. Sullins CHS/cbk/asc Enclosures: Certificate of Completion cc: Lauren Witherspoon, DWQ Raleigh Regional Office DLR Raleigh Regional Office Lewis Hardee, John A. Edwards Co, 333 Wade Ave, Raleigh, NC 27605 File Copy Central Files Filename: 060974v2AshtonMeadowsPhase l (Franklin)TPBR D? O .? 1=!W Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality September 15, 2006 DWQ Project # EXP 06-0974 Franklin County Barton Development Attn: Mr. Bob Anderson 7000 Six Forks Road, Suite 115 Raleigh, NC 27615 Subject Property: Ashton Meadows Subdivision UTs to Cedar Creek [030301, 28-29-(2), C, NSW] Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-Pamlico River Buffer Protection Rules (15A NCAC 2B .0255) with Additional Conditions Dear Mr. Anderson: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 193 linear feet of stream, 10,160 square feet (ft) of protected Zone 1 Tar. Pamlico River basin riparian buffer and 51451 square feet (ft) of protected Zone 2 Tar-Pamlico River basin riparian buffer, and 0.072 acres of wetland for the purpose of constructing the residential subdivision, as described within your Pre-construction Notification Application dated August 15, 2006 and additional information received on September 6, 2006. The impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402) and 3374 (GC3374). The Certification(s) allows you to use Nationwide Permit(s) NW39 and NW 12 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B.0255. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This approval is for the purpose and design that you described in your request (PCN dated September 6, 2006). If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval and is thereby responsible for complying with all conditions. If total fills for this project (now or nthe future) exceed one acre of wetland or 153 linear feet of stream (permanent impact), compensatory mitigation may be required as described in 15A NCAC 2H .0506 you to follow the conditions listed in the attached Water Quality This ) Certifications (GC3402 anduires GC3374) and the additional conditions listed below. The Additional Conditions of the Certification are: r . Impacts Approved fello?'irig impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: 401 Oversight/Express Review Permitting Unit Oa` 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 NhCar01int1 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 r/ vAtl?ra!!f Phone: 919.733.1786 / FAX 919.733-6893 / Internet: htt11;;.-!Il _cnrst1tc n u.,.'ncwe3hnd An Equal Opportunity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper cauuwa ouuuivtawii Page 2 of 4 September 15, 2006 -.. ddt Type Amount A roved Units Plan Location or Reference Stream (permanent) 151 linear feet September 6, 2006 PCN page 5 Stream (temporary) 40 linear feet September 6, 2006 PCN page 5 Buffer - Zone 1 10,160 (square ft. September 6, 2006 PCN page 8 Buffer - Zone 2 5,451 (square ft. September 6, 2006 PCN page 8 Wetland tem ora 0.072 acres September 6, 2006 PCN a e 4 2. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 4. Sediment and Erosion Control Measures Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources has released the project. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these tidries approved under this authori:,clearly mark ith orange warning fencing (or similar high visibility material) for the areas at have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 2B.0255 and GC3402 and GC3374. Diffuse Flow Measures Approved Trdiffuse flow measures (level spreader designs submitted on September 6, 2006) must be ed and„the stormwater management facilities shall be constructed and operational Tafre any permanent building is occupied at the subject site. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. Should the designed level spreaders fail, the replacement level spreaders will be constructed according to the most current guidelines by DWQ. . wawa, nua-a auuulvislon Page 3 of 4 September 15, 2006 7. Culvert Installation Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re- installed correctly. Avert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s). Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each culvert. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods. If rip rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality. 8. Deed Notifications ;,IJeed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and riparian buffers in order to assure compliance for future wetland, water and riparian buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. 9. Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at httn://h?o.en.r.state nc us/su/Fornis Do minents htm. 10. Certificate of Completion Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Please send photographs upstream and downstream of each culvert site to document correct installation along with the Certificate of Completion form. vMVV Page 4 of 4 September 15, 2006 11. Notification of Construction The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing at the letterhead address within ten (10) days of the commencement of construction. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Tar-Pamlico riparian buffer protection rule as described within 15A NCAC 2B .0255. If you have any questions, please telephone Lia Myott or Cynthia Van Der Wiele at 919-733-1786. Sincerely, Alan W. Klimek, P.E. AWK/cvdw/lem Enclosures: GC 3402 GC 3374 Certificate of Completion c: USACE Raleigh Regulatory Field Office tn-c KUIt; DWQ Raleigh Regional.. Office..... DLR Raleigh Regional Office File Copy Central Files Nicole Thomson, S&EC, 11010 Raven Ridge Road, Suite 120, Raleigh, NC 27614 WQC #3374 f"M6 4XV This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for the discharge of fill material to waters and wetland areas as described in 33 CFR 330 Appendix A (B) (12) and General Permit No. 198100049 of the Corps of Engineers regulations (i.e., including any fill activity for utility line backfill and bedding) and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This certification replaces Water Quality Certification (WQC) Number 2664 issued on January 21, 1992, Water Quality Certification Number 3022 issued on September 6, 1995, Water Quality Certification (WQC) Number 3101 issued on February 11, 1997 and Water Quality Certification Number 3288 issued on June 1, 2000. This WQC is rescinded when the Corps of Engineers reauthorize Nationwide 12 or Regional Permit 198100049 or when deemed appropriate by the Director of the Division of Water Quality. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Activities covered by this General Certification do not require written concurrence from the Division of Water Quality as long as they comply with all conditions of this General Certification and the conditions of Nationwide 12 or Regional Permit 198100049 as appropriate. If any condition in this Certification cannot be met, application to and written concurrence from DWQ are required. Also, Condition No. 6 is applicable to all streams in basins with riparian area protection rules; 2. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for written concurrence for a 401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees; 3. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for stream and/or wetland impacts. Streamside buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made by DWQ for any Certification involving written concurrences including those for relevant Buffer Rules; 4. The edge of the construction corridor shall not be installed parallel to and closer than 10 feet (3 meters) to a stream and 25 feet in waters classified as HQW. Utility lines shall not cross a stream channel at other than a near-perpendicular direction (i.e., stream channel crossings shall not be at an angle of less than 75 degrees or more than 105 degrees to the stream bank); UTILITY LINE BACKFILL AND BEDDING CERTIFICATION WQC #3374 5. Any wastewater line that crosses any stream shown on the most recent version of the 1:24,000 USGS topographic map or NRCS (SCS) County Soil Survey as permanent or intermittent shall be installed with no joints connected within the footprint of a stream channel or within 2 feet of the stream banks. Otherwise, written concurrence from DWQ is required; 6. Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and Catawba River Basins (or any other river basins with Buffer Rules in effect at the time of application) requires written concurrence from DWQ in accordance with 15A NCAC 2B.0233,.0259, .0250 and .0243. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse, Tar-Pamlico and Randleman River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 2B .0233, .0259, .0250 and .0243. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices; 7. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 8. Herbicides can be applied in wetlands or other waters only when applied by a certified applicator, and in strict accordance with product labeling; 9. Placement of rip rap is restricted to the stream bottom and banks directly impacted by the placement of the utility line. Rip rap may only be used below the normal high water level. The stream cross section must be restored to its original grade and elevation. Placement of rip rap or other materials shall not result in de-stabilization of the stream bed or banks upstream of downstream of the crossing; 10. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 11. All sediment and erosion control measures placed in wetlands or waters shall be removed and the original grade restored within two months after the Division of Land Resources has released the project; 12. Annual native species suitable for wet locations shall be planted and established within jurisdictional wetlands for soil and erosion control. Perennials such as fescue are prohibited; 13. No fertilizer shall be applied within 10 feet (3 meters) of streams. Any fertilizer application must comply with all other Federal, State and Local regulations; 14. The construction corridor (including access roads and stockpiling of materials) is limited to 40 feet (12.2 meters) in width in wetlands and across stream channels and must be minimized to the maximum extent practicable; 2 WQC #3374 15. Permanent, maintained access corridors shall be restricted to the minimum width practicable and shall not exceed 10 feet (3 meters) in width except at manhole locations. A 10 feet (3 meters) by 10 feet (3 meters) perpendicular vehicle turnaround must be spaced at least 500 feet (152.4 meters) apart. Written concurrence is required if the maintenance corridor is greater than 10 feet (3 meters) wide except that a maintenance corridor larger than ten feet is acceptable for gas pipelines as long as mitigation is provided for additional wetland fills to the maintenance corridor beyond those widths specified in this General Certification; 16. An anti-seep collar shall be placed at the downstream (utility line gradient) wetland boundary and every 150 feet (45.7 meters) up the gradient until the utility exits the wetland for buried utility lines. Anti-seep collars may be constructed with class B concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular wetland crossings that are open cut and less than 150 feet (45.7 meters) long do not require anti-seep collars. The compacted clay shall have a specific discharge of 1 X 10- 5 cm/sec or less. A section and plan view diagram is attached for the anti-seep collars; The following specifications shall apply to class B concrete: a) Minimum cement content, sacks per cubic yard with rounded course aggregate 5.0 b) Minimum cement content, sacks per cubic yard with angular course aggregate 5.5 c) Maximum water-cement ratio gallons per sack 6.8 d) Slump range 2" to 4" e) Minimum strength - 28 day psi 2,500 17. This General Certification does not authorize any permanent changes in pre-construction elevation contours in waters or wetlands or stream dimension, pattern or profile. The permittee will have a specific plan for restoring wetland contours. Any excess material will be removed to a high ground disposal area; 18. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse; 19. Stormwater management will not be required for this Certification as long as all other Conditions are met. However, in the twenty coastal counties, the appropriate DWQ Regional Office must be contacted to determine if Coastal Stormwater Regulations still apply; 20. Compensatory mitigation (i.e., restoration, creation or preservation) for wetland losses will not be required for this Certification if written concurrence is not needed; 21. Payment of a dollar per acre figure into the Wetland Restoration Program for these impacts is acceptable when compensatory mitigation is required as long as the Wetlands Restoration Program agrees in writing to accept this payment. Other mitigation plans must receive written DWQ concurrence; 22. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State or local approvals; 23. Additional site-specific conditions may be added to projects for which written concurrence is required or requested under this Certification in order to ensure compliance with all applicable water quality and effluent standards; WQC #3374 24. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Nationwide Permit 12 or Regional Permit 198100049 whichever is sooner; 25. When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed. Non-compliance with or violation of the conditions herein set forth by a specific fill project may result in revocation of this Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for individual certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: 18 March 2002 DIVISION OF WATER QUALITY By Gregory J. Thorpe, Ph.D. Acting Director WQC # 3374 4 WQC #3402 • Lakes and Ponds - Impacts to waters other than streams and wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary water impacts shall be enumerated on the entire project for all impacts proposed regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of aquatic functions including but not limited to filling and dredging shall be considered waters impacts. Application Thresholds - Stream, wetland and water impacts that exceed any of the thresholds below require a complete application and written concurrence to use this Certification: • Total stream impacts of greater or equal to 150 cumulative feet of stream length for the entire project require written notification to and approval by the Division of Water Quality, and/or • Impacts to waters of equal to or greater than 1/3 of an acre require written notification to and approval by the Division of Water Quality, and/or • Wetland impacts of greater or equal to 1/3 of an acre east of 1-95 and 1/10 of an acre west of 1-95 require written notification to and approval by the Division of Water Quality except as specified below. Any impacts to wetlands adjacent to waters designated as ORW, SA, WS-I, WS-II or Trout or are designated as a North Carolina or National Wild and Scenic River and wetlands classified as SWL and/or UWL as well as wetlands described in 15A NCAC 21-1.0506 (e) require a complete application and written concurrence from the Division of Water Quality to use this Certification. These thresholds apply for the entire project regardless of the number of Nationwide Permits applicable to the Certification that are issued by the USACE for the project; • Written notification to DWQ is required for all applications that propose to use Nationwide Permit 18. This notification requirement will be satisfied by providing two (2) copies of the PCN form to DWQ at the same time that the PCN form is sent to the US Army Corps of Engineers. A formal application and fee is not required unless DWQ decides that an Individual Certification will be required for the project. In this case, the applicant will be notified in writing from DWQ within 30 days of the receipt of the written notification. • Proposed fill or substantial modification of any amount of wetlands classified in accordance with 15A NCAC 2B .0101(e)(7) as Unique Wetlands (UWL) shall require written concurrence from the Division of Water Quality; 2. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires written concurrence for this Certification from DWQ in accordance with 15A NCAC 213.0200. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 2B .0200. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices; Irrespective of other application thresholds in this General Certification, all impacts to perennial waters and their associated buffers require written approval from DWQ since such impacts are allowable as provided in 15A NCAC 2B. 0212 (WS-1), 2B .0213 (WS-II), 2B.0214 (WS-III) and 28.0215 (WS-IV). Only water dependent activities, public projects and structures with diminimus increases in impervious surfaces will be allowed as outlined in those rules. All other activities require a variance from the delegated local government and/or the NC Environmental Management Commission before the 401 Water Quality Certification can be processed. In addition, a 30 foot wide vegetative buffer for low density development or a 100 foot wide vegetative buffer for high density development WQC #3402 This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section.0500 and 15A NCAC 213.0200 for the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not a part of the surface tributary system to interstate waters or navigable waters of the United States (i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (18, 39, 41, 42, 43 and 44) of the Corps of Engineers regulations (i.e., Nationwide Permit No. 39) and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification Numbers 3106 and 3108 issued on February 11, 1997, and Water Quality Certification Number 3287 issued on June 1, 2000 and Water Quality Certification Number 3362 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes Nationwide Permits 18, 39, 41, 42, 43 or 44 or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Enumerating and Reporting of Impacts: • Streams - Impacts to streams as determined by the Division of Water Quality shall be measured as length of the centerline of the normal flow channel. Permanent and/or temporary stream impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Stream relocations and stream bed and/or bank hardening are considered to be permanent stream impacts. Any activity that results in a loss of use of stream functions including but not limited to filling, relocating, flooding, excavation, dredging and complete shading shall be considered stream impacts. Enumeration of impacts to streams shall include streams enclosed by bottomless culverts, bottomless arches or other spanning structures when a 404 Permit is used anywhere in a project unless the entire structure (including construction impacts) spans the entire bed and both banks of the stream, is only used for a road, driveway or path crossing, and is not mitered to follow the stream pattern. Impacts for dam footprints and flooding will count toward the threshold for stream impacts, but flooding upstream of the dam will not (as long as no filling, excavation, relocation or other modification of the existing stream dimension, pattern or profile occurs) count towards mitigation requirements. Any filling, excavation, relocation or other modification of the existing stream (other than flooding) must re-establish the same dimensions, patterns and profiles of the existing channel (or those of a stable reference reach if the existing channel is unstable) to the maximum extent practical. • Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary wetland impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of wetland functions including but not limited to filling, excavating, draining, and flooding shall be considered wetland impacts. Enumeration of impacts to wetlands shall include activities that change the hydrology of a wetland when a 404 Permit is used anywhere in a project. WQC #3402 must be maintained adjacent to all perennial waters except for allowances as provided under the Water Supply Watershed Protection Rules. For the purposes of this condition, perennial waters are defined as those shown as perennial waters on the most recent USGS 1:24,000 topographic map or as otherwise determined by local government studies; 4. Additional site-specific stormwater management requirements may be added to this Certification at DWQ's discretion on a case by case basis for projects that have or are anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater management shall be designed to remove 85% TSS according to the latest version of DWQ's Stormwater Best Management Practices manual at a minimum. Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout waters (Tr), high quality waters (HOW), and outstanding resource waters (ORW), the Division shall require that extended detention wetlands, bio-retention areas, and ponds followed by forested filter strips (designed according to latest version of the NC DENR Stormwater Best Management Practices Manual) be constructed as part of the stormwater management plan when a site-specific stormwater management plan is required. For streams classified as Water Supply, High Quality Waters and Outstanding Resource Waters, post-construction, on-site stormwater management shall be required as appropriate and as outlined in 15A NCAC 2B .0104(m) and 2H .1000 to .1007, respectively, in addition to that required in this General Certification. Alternative designs may be requested by the applicant and will be reviewed on a case-by- case basis by the Division of Water Quality. Approval of stormwater management plans by the Division of Water Quality's other existing state stormwater programs including appropriate local programs are sufficient to satisfy this Condition as long as the stormwater management plans meet or exceed the design requirements specified in this condition. This condition applies unless more stringent requirements are in effect from other state water quality programs. • Unless specified otherwise in the approval letter, the final, written stormwater management plan shall be approved in writing by the Division of Water Quality's Wetlands Unit before the impacts specified in this Certification occur. • The facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. • Also, before any permanent building or other structure is occupied at the subject site, the facilities (as approved by the Wetlands Unit) shall be constructed and operational, and the stormwater management plan (as approved by the Wetlands Unit) shall be implemented. • The structural stormwater practices as approved by the Wetlands Unit as well as drainage patterns must be maintained in perpetuity. • No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. 5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also intermittent stream impacts that require application to DWQ in watersheds classified as ORW, HOW, Tr, WS-1 and WS-II unless the project is a linear, publicly-funded transportation project, which has a 150-foot per-stream impact allowance; 6. In accordance with North Carolina General Statute Section 143-215.3D(e), any application for a 401 Water Quality Certification must include the appropriate fee. If a WQC #3402 project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees; In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands for an entire project. For linear public transportation projects, impacts equal to or exceeding 150 feet per stream may require mitigation. In addition, buffer mitigation may be required for any project with Riparian Area Protection Rules (Buffer Rules) in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols. When compensatory mitigation is required fora project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification occur, unless otherwise specified in the approval letter. The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public road projects, the mitigation plan must be implemented before the road is opened to the travelling public. Please note that if a stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for Stream Work in North Carolina, April 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; 8. For any project involving re-alignment of streams, a stream relocation plan must be included with the 401 application for written DWQ approval. Relocated stream designs should include the same dimensions, patterns and profiles as the existing channel (or a stable reference reach if the existing channel is unstable), to the maximum extent practical. The new channel should be constructed in the dry and water shall not be turned into the new channel until the banks are stabilized. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase incorporating coir fiber and seedling establishment is allowable. Also, rip-rap, A-Jacks, concrete, gabions or other hard structures may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of rip-rap coverage requested. If suitable stream mitigation is not practical on-site, then stream impact will need to be mitigated elsewhere. Please note that if a stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for Stream Work in North Carolina , April 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; 9. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown to DWQ that providing passage would be impractical. Design and placement of culverts including open bottom or bottomless arch culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in aggradation, degradation or significant changes in hydrology of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested to do so in writing by DWQ. Additionally, when roadways, causeways or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in aggradation, degradation or significant changes in hydrology of streams or wetlands; WQC #3402 10. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 11. All sediment and erosion control measures placed in wetlands and waters shall be removed and the original grade restored within two months after the Division of Land Resources has released the project; 12. That additional site-specific conditions may be added to projects proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 13. Measures shall be taken to prevent live or fresh concrete from corning into contact with waters of the state until the concrete has hardened; 14. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse; 15. If this Certification is used to access building sites, all lots owned by the applicant must be buildable without additional fill beyond that explicitly allowed under other General Certifications. The applicant is required to provide evidence that the lots are buildable without requiring additional impacts to wetlands, waters or buffers ff required to do so in writing by DWQ. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground; 16. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of issuance of the 401 Certification letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unitweb site at httn://h2o.enr.state.nc.us/ncwetlands . DWQ shall be sent copies of all deed restrictions applied to these lots; 17. When written concurrence is required, the applicant is required to use. the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 18. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Nationwide Permit 18, 39, 41, 42, 43 or 44, whichever is sooner. WQC #3402 Non-compliance with or violation of the conditions herein set forth by a specific fill project may result in revocation of this Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 2003 DIVISION OF WATER QUALITY By Alan W. Klimek, P.E. Director WQC # 3402 WQC #3402 Non-compliance with or violation of the conditions herein set forth by a specific fill project may result in revocation of this Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 2003 DIVISION OF WATER QUALITY By Alan W. Klimek, P.E. Director WQC # 3402 WQC #3374 ANTI -SEEP COLLAR ` inches - Utlilty'Line i (Diameter Varies) 1 1 foot I i Class 8 Concrete ?'- or Compacted Clay 6 inches ranch WIdtth 6 Inches Not to exceed 40 feet SECTIO Cass s concrete or Compac•,ed Clay 12 Inches 6Inches...„u,4- _04-1.46. Inches PLAN s Certification of Completion VQ Project No.: County: Applicant: Project Name: Date of Issuance of Wetland Permit: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, used in the observation of the compliance and intent of the 401 and other supporting materials. nature: Agent's Certification Date: 1, . hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. , hereby state that, to the best of my abilities, due care and diligence was construction such that the construction was observed to be built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications, Signature: Registration No. Date