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
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GRAPHIC SCALE
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( IN FEET )
1 inch = 40 ft.