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HomeMy WebLinkAbout20090091 Ver 1_More Info Received_20090507COPY Action 11). SAW-2009-00255 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT RECEIVED N.C Deot of ENR County: Guilford USGS Quad: Lake Brandt I MAY 0 7 2009 Winston-Salem GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICA Regional Office Property Owner/ Authorized Agent: Lennox Woods, LLC--Attn: LP McLendon, Jr. Address: 1840 Pembroke Road, Suite 1 Greensboro, North Carolina 27408 Telephone No.: 3.36-230-1111 Size and location of property (water body, road name/number, town, etc.): 84 acres (approximately); The site is located east of Mabe Marshall Road, west of Cummings Dairy Road and north of Mears Fork in Guilford County, North Carolina and is identified as Lennox Woods. Description of projects area and activity: This authorization is for the permanent discharge of clean fill material within 148 linear feet of stream channel, which includes 92 linear feet of 84" pipe and 50 linear feet of a rip rap apron and within 0.095 acre of adjacent wetland for the installation of a single road crossing. The authorization is also for 10 linear feet of temporary impacts associated with a coffer dam for installation of the crossing. The project must be conducted in accordance with the application submitted on February 23,'2009 and drawings submitted on January 21, 2009 and February 23, 2009 and supplemental information submitted on April 1, April 2 and April 8, 2009. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ? Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 14 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Andrew Williams at telephone number 919-876-4884 extension 26. Corps Regulatory Official /N,Z? Date: April 9, 2009 Expiration Date of Verification: April 9, 2011 Page 1 of 3 Page 1 of 1 chris huysman From: Brent Sievers [bsievers@flemingengineering.com] Sent: Tuesday, April 28, 2009 10:50 AM To: 'chris huysman' Subject: RE: Lennox Woods 2.12 acres in pavement, 6.65 acres in lots (41 lots @ 6000 sq.ft. per lot) 75.6 acres (total area) this will yield a whopping 10.3 % BUA What time does she want to meet? I will be there at 10 top meet NCDOT. -----Original Message----- From: chris huysman [mailto:chris.huysman@wetland-consultants.com] Sent: Monday, April 27, 2009 1:11 PM To: 'Brent Sievers' Subject: FW: Lennox Woods Call me at 336 / 406-0906 regarding this. Chris 4/29/2009 Q? ?lATF9 f 0`? OG Office Use Only: i 3 c Corps action ID no. i / i DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: Section 404 Permit ? Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: or General. Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? } Yes ? No 1 d. Type(s) of approval sought from the DWQ (check all that apply): 8401 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 ?j No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h I below. ? Yes No ° f 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes No 2. Project Information 2a. Name of project: 2b. County: 2c. Nearest municipality /town: 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: -? 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): ?nLr 1 " I RV 3d Street add . ress: 3e. City, state, zip: 3f. Telephone no.: , , 3g. Fax no.: 230 LIS 3h. Email address: Page 1 of 10 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ? Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address 5d. City; state, zip: '7S L-LAO 5e. Telephone no.: O? 5f. Fax no.: 5g. Email address: Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): O O 7 N j ? 1 b. Site coordinates (in decimal degrees): Latitude: 31 Longitude: -' , ?1? (DD. DODODO) (-0D. DOODDD) 1 c. Property size: 8 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: ?--? 2b. Water Quality Classification of nearest receiving water: G 2c. River basin: Y?Y 3. Project Description 3a. Describe the existing conditions on the site and the general land use in e vicinity of the project at the time of this application: F0965FEV /? ? ? / ? - St.??!/1-0\}N(?I ??1 NJ4,--V?- 6 0-? D LYNjmi, A-rN ?Q 3b. List the total estimated acreage of all existing wetlands on the property: L CSR M? l?-'O 11,7T ?S !'--L S 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Csnv-^ -,N-- 3d. Explain the purpose of the proposed project: t-iC`z E 3e. Describe the overall project in detail, including the type of equipment to be used: Qz to\)Cz 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ? Yes ® No ? Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ? Preliminary ? Final _ 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant ompany: Name (if known): Other: trv 1? 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation . t? h4 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including ail prior phases) in the past? ? Yes No ? Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? Yes ? No 6b. If yes, explain. C=11,1i Ntr DntLOI?t k =0 Page 3 of 10 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 K P ? T F) L1 Yes ® Corps , - ? No [SJ 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 F-1 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 Permanent (P) or (Corps - 404, 10 stream length - Temporary (T) intermittent DWQ - non-404, width (linear (INT): other) (feet) feet) S1 [?P?T Ptrc Q\? i' - dI I 0 IN R Corps QDWQ S2 ? P ? T ? PER ? Corps [] INT ? DWQ 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 "C] INT ? DWQ 3h. Total stream and tributa ry impacts 3i. Comments: Page 4 of 10 PCN Form - Version 1.3 December 10, 2008 Version 5 5' 6.o?5k 1q0 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 individual) 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 ?PQT 02 ?PQT 03 ?P?T 04 ?P?T 4f. 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 j Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. 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 DWQ) 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 basing. ? 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 impact re uired? 131 ?-P ? T Yes n C] N B2 ?PDT Yes ?N o 83 [:]POT ?Yes ? No 6h. Total buffer impacts 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ? Yes No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this ? Mitigation bank project? ? 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: 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres acres ?.v111poete rr using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form - Version 1.3 December 10, 2008 Versi 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes ? No buffer mitigation? 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 Multiplier 6e. Required mitigation (square feet) i (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 restoratio n, payment into an approved in-lieu fee fund). I 6h. Comments: Page 7 of 10 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. C n?im,ntS - ? Yes ? No 2 Stormwater Management Plan 2a. What is the overall r iperviousness of this project? % LAS 240A 2b. Does this project require a Stormwater Management Plan? ? Yes. ® No „ 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: VSO LL , D? `Q lc Fi't?11 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? ? Certified Local Government ? DWQ Stormwater Program ? DWO 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ? Phase 11 3b. Which of the following locally-implemented stormwater management programs ? NSW apply (check all that apply): ? USMP ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 4. DWQ Stormwater Proram Review ? Coastal counties 4a. Which of the following state-implemented stormwater mana Bement programs apply HQW ? ORW (check all that apply): ? S i L ess on aw 2Q06-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes v ? 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 8 of 10 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information i 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the f bli Yes K No ? use o pu c (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)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (if so, attach a copy of the NEPA or SEPA final approval letter.) ? Yes ? No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? f ? 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 additional development, which could impact nearby downstream water quality? ? Yes No 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. ?- s?r - n Page 9 of 10 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 b ? Yes No ha itat? 5b. Have you checked with the USFWS concerning Endangered Species Act i ? ? Yes No mpacts 5c. If yes, indicate the USFWS Field Office you have contacted ? Raleigh . ? Asheville 5d. What data sources did you use to determine whether your to 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? ? 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 si nificant in ? Yes ? No g North Carolina history and archaeology)? ??NGw'_.i 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? ? Yes [ No 8b. If yes, explain how project meets FEMA requirements.- 8c. What source(s) did you use to make the floodplain determination? Applicant/Agent's Printed Name Applicant/Agent's ignatu a Date ' (Agent s signature is valid only if an authorization letter from the applicant s rovided . Z• j Page 10 of 10 E g \ 6?6g? All / --- ? J 'II ? g Y I f_ / I I 8 i?.li III! III a I I I i ??d I I o - ? IH I F` e 8 it s 41 ?II e I 1 b 1 I I 1 I I ? al ' I - I ?s I I ?? I \ i I I I I I I I I s # I a I 8 g 1 a %a .a v A orrz Iwrz LENNOX WOODS PHASE 4 = j _a m a s d LOCH Lorowo nwve s.zs nrttu n+oo y r ??L m ? s STAR: MOItM UJWN IDMmt umOl ? M - m [aw?r. auuo .ue a nr n - .rz s 9?rt w r ur s ro/BR m11E11 aaK O®aGllq MC t1?01 amldq xe rtll ' B Pdc fa Afl4illi nu.w ilt HOC: iJf9-0] a i T ? W a A 0 N -P -' C) ;7 n D F- (ji C) ;:u CJ? N -0 =zz O Cn z°?-,? ° OcnD z cn oo cn o r7 o z -, 7 m -C) Fq c? mcaoH z? n ? ? ? --o 0 D o ? 0 V D CJI cD O N P T? D F -TI oo T"i? C Fri D z FTI 0 N O a GRAPHIC SCALE 40 0 20 40 80 160 ( IN FEET ) 1 inch = 40 ft.