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HomeMy WebLinkAbout20181041 Ver 1_401 Application_20180718OF War f;' G 2 0 1 8 1 0 4 1Office Use Only: Corps action ID no. o < DWQ prof o. Form Ve 1. D Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version Pre -Construction Notification PCN 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: 12 & 29 or General Permit (GP) number: 1c. 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 N 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: Cambridge Park (Turner Road) 2b. County: Alamance 2c. Nearest municipality / town: Mebane 2d. Subdivision name: � 7 2018 2e. NCDOT only, T.I.P. or state! project no: _ ';1•;«!D QU q 3. Owner Information RM1TTING 3a. Name(s) on Recorded Deed: Desco Mebane Partners, LLC 3b. Deed Book and Page No. 3752/642 3c. Responsible Party (for LLC if applicable): Mr. Eric Dischinger 3d. Street address: 600 Market Street 3e. City, state, zip: Chapel Hill, NC 27516 3f. Telephone no.: 336-317-3395 3g. Fax no.: 3h. Email address: eric@ldequity.com Page 1 of 12 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: Bradley S. Luckey 5b. Business name (if applicable): Pilot Environmental Inc. 5c. Street address: PO Box 128 5d. City, state, zip: Kemersville, NC 27285 5e. Telephone no.: 336.708.4997 5f. Fax no.: 5g. Email address: bluckey@pilotenviro.com Page 2 of 12 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): 163107, 163252, 163091, 163091, 163248 & 163523 Latitude: 36.04499 Longitude: - - 1 b. Site coordinates (in decimal degrees): 79.26577 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 233.89 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Little Haw Creek proposed project: 2b. Water Quality Classification of nearest receiving water: WS-V, NSW 2c. River basin: Cape Fear 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: The site contains undeveloped wooded land and fields. Structures are not located on the site. The site in a rural area of Mebane, North Carolina 3b. List the total estimated acreage of all existing wetlands on the property: —0.19 Ac 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: —9,020 LF 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to provide access and necessary utility infrastructure for the larger Cambridge Park residential subdivision. 3e. Describe the overall project in detail, including the type of equipment to be used: The overall project consists of development of the Cambridge Park consists of an eight phase residential subdivision. At this time, Phase I A has been fully designed. With the exception of Phase 7, the remainder of the residential subdivision has been conpetually designed. At this time, Phase 7 has not been conceptually designed. With the exception of Phase 7, it appears the remainder of residential subdivision can be developed with one additional stream crossing and two wetland crossings for road instrastructure. The applicant understands that additional impacts assoicated with the remaining phases of the proposed subdivision will be cumulative for purposes of permitting and mitigation requriements. Phase I A of the site consists of developing the site with 65 residential lots, one stormwater retention ponds, assoicated roads and sewertwater infrastructure. An access road and five utility line crossings are necessary for development of Phase IA. To facilitate development of the site, clearing and grading the site is necessary. Graders, haulers, excavators and other heavy equipment will be used during site construction. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes ❑ No ElUnknown project (including all prior phases) in the past.' Comments: SAW-2017-02329 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: Three Oaks Engineering Name (if known): unknown Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. USACE JD SAW-2017-02329 (dated 2.9.18) & NCDEQ-DWR Letter (dated March 27, 2018) Page 3 of 12 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. 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. This is the first Phase of Cambridge Park, a residential subdivision. Based on concpetual designed, there may be additional impacts to streams and wetlands assoicated with access roads in the remaining phases, if remaining phases move forward. The applicant is aware that impacts are cumulative for permitting and mitigation thresholds for potential future impact to WoUS. however, the applicant is not ready to proceed with later phases of the subdivision of permit the potential impacts at this time. Establishment of a timeline for future phase's development will be dicated by market conditions at that time. The applicant adknowledges that the current and future development must occur in a manner to avoid impacts to WoUS. Page 4 of 12 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 T 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 []PMT ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: Wetland impacts are not proposed. 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/Rip- Rap/Pump Around Unnamed ® PER ❑ INT ® Corps ❑ DWQ 4 92/22/8 S2 ❑ P ❑ T Sewer Line Crossing Unnamed ® PER ❑ INT ® Corps ❑ DWQ 4 0 S3 ❑ P ® T Sewer Line Crossing Unnamed ® PER ❑ INT ® Corps ❑ DWQ 8 12 S4 ❑ P ®T Sewer Line Crossing Unnamed ® PER ❑ INT ® Corps ❑ DWQ 4 12 S5 ❑ P ® T Sewer Line Crossing Unnamed ® PER ❑ INT ® Corps ❑ DWQ 4 12 S6 ❑ P ❑ T Water Line Crossing Unnamed ® PER ❑ INT ® Corps ❑ DWQ 8 0 3h. Total stream and tributary impacts 92/22/44 3i. Comments: Crossing #1: The proposed road crossing will permanently impact 92 linear feet of perennial stream channel associated with road crossing fill, permanently impact 22 linear feet of perennial steam channel associated with keyed in rip - rap energy dissipater and temporarily impact 8 linear feet of perennial stream channel with the associated pump around. Areas of rip -rap will be keyed into existing grades of beds and banks and would not be considered a net loss requiring mitigation. Areas of temporary impact will be restored to similar re -construction conditions. The Applicant does not propose Page 5 of 12 PCN Form — Version 1.3 December 10, 2008 Version mitigation for unavoidable stream impacts Crossing #2: Bored sewer line beneath stream. No temporary or permamnet stream impacts proposed. Crossing #s 3,4 & 5: These proposed crossings will temporarily impact 12 linear feet of streams for open cut/backfill sewer line crossings. Of the 12 linear feet, 4 linear feet is associated with open cut/back fill and 8 linear feet is assoicated with pump around. Areas of tempoary impact will be restored to similair pre-constructon conditions. Crossing #6: Bored water line beneath stream. No temporary or permanent impacts proposed. 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 4f. Total open water impacts 4g. Comments: Open water impacts are not proposed. 5. Pond or Lake Construction If pond 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 Stormwater 0.58 P2 5f. Total 5g. Comments: A stormwater pond will be constructed in uplands. 5h. Is a dam high hazard permit required? ❑ Yes ®No If yes, permit ID no: 5i. Expected pond surface area (acres): 0.58 5j. Size of pond watershed (acres): 31 5k. Method of construction: Excavated in uplands. Page 6 of 12 PCN Form — Version 1.3 December 10, 2008 Version 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 any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse El Tar -Pamlico ®Other: Jordan 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 impact required? B1 ❑P[IT El Yes ❑ No B2 ❑P❑T El Yes ❑ No B3 ❑P❑T El Yes ❑ No 6h. Total buffer impacts 6i. Comments: A No Practical Alternative's Buffer Authorization request will be submitted to the delegated local municiaplity separate of this application. We request NCDEQ-DWR conditional 401 approval without receipt of the buffer authorization. D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The road crossing location was selected in an area of stream that is relatively straight with few meanders. The applicant has further demonstrated avoidance and minimization of stream impacts by proposing to construct approximately 6.5 feet tall culvert head/end walls. Furthermore, the Applicant has designed rip -rap stabilization measure to be keyed into existing grades of beds and banks to 22 linear feet of stream channel. Two of the proposed utility line crossings will be installed with no permanent or temporary impact to streams or wetlands located on the site. The remaining three utility line crossings temporary impact foot print and in -stream work has been limited to the maximum extent possible. The utility line's cross the streams at or near perpendicular given existing topographic constraints and site conditions. The remainder of Phase 1A has been designed to avoid impact to WoUS and Lake Jordan buffers. In order to development remaining phases, an additional stream crossing and one wetlands crossing would likely be necessary. However, the overall development has been designed to avoidance and minimize impact to of WoUS and the remaining crossings have been conceptually designed in relative straight reaches of streams or to avoid filling large wetland pockets. There are approximately 9,020 linear feet of stream channel and 0.19 acres of wetlands located on the site. Phase IA has been designed to avoid 0.19 acres of wetlands and 8,906 linear feet of stream are being avoided. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The clearing limits will be staked and silt fence will be used. Temporary coffer dams will be installed upgradient of the proposed culvert and sewer line trench. During construction, water will be pumped around the construction footprint. Appropriate stream bank protection will be provided in the channel during construction and all excess excavated material will be immediately removed from the stream bank crossing area. The top 1 foot of stream bed material will be stored in upland areas and used to backfill the top 1 foot of the excavation trench for the sewer line crossings. Upon completion of the culvert/utility line installation, the temporary sand bag coffer dams will be removed and flow will be diverted through the culvert or over the sewer line. Disturbed banks will be restored to similar pre -construction conditions, matted and seeded/live staked. Page 7 of 12 PCN Form — Version 1.3 December 10, 2008 Version 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 ElPayment 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. 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). Page 8of12 PCN Form — Version 1.3 December 10, 2008 Version 6h. Comments: Page 9 of 12 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? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes No Comments: Buffer Authorization will be obtained from local delgated municipality. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 37% 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: A stormwater management plan will be submitted to the delgated local municipaity separate of this application. We request NCDEQ-DWR conditional 401 approval without receipt of the approved stormwater management plan. ® 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? City of Mebane ® 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 ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 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 10 of 12 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. 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)? 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: We are not aware of a NEPA or SEPA being required as part of this project. 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. We are not aware of additional development that will impact nearby downstream water quality outside of the the 8 Phase residential subdivision. 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. The proposed project will connect to existing municipal sewer and water lines. Impacts to WoUS associated with sewer/water line installation for all phases of the subdivision are included within this application. Other impact to WoUS associated with water/sewer line installation is not anticipated as a result of the proposed project. Page 11 of 12 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 ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS List of Federally Protected Species, dated 6.27.18, identifies the Cape Fear Shiner as being listed within certain river basins in southern Alamance County. The site is located in central Alamance County. Therefore, we have made a determination of no effect for Cape Fear Shiner. Other federally protected species are not identified in Alamance County. 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? Based on our knowledge of the site, the site is not located in or near an area designated as essential fish habitat. Best management practices and the use of temporary sediment and erosion control devices will prevent sediment from entering down -gradient waterbodies which may contain fish. 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 ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? According to the NC SHPO Historic Properties website (attached), eligible or listed resources are not located within the proposed project area. 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: Utility lines will cross the 100 year floodplain. Permanent fill above 100 year floodplain elevations are not proposed within the 100 year floodplain. 8c. What source(s) did you use to make the floodplain determination? FEMA Panel #s: 3710980300K & 3710981300K / Digitally signed by Bradley S. Luckey DN: cn=Bradley S. Luckey, o=Pilot Environmental, Inc., ou, / Bradley S. Luckey email=bluckey@pilotenviro.com,r—US 7.19.18 (1/1 Date: 2018.07.1913.42:27 -04'00' Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 12 of 12 PCN Form — Version 1.3 December 10, 2008 Version Proposal for Wetland Permitting Services Pilot Proposal 2924.2 March 16, 2018 AGENT AUTHORIZATION This form authorizes Pilot to act as our agent in stream/wetland matters including U.S. Army Corps of Engineers and North Carolina Division of Water Resources field verification and permitting. Property Address: l t19 JOMwi Dpwa ma e'o.t-:E N G. ERIC Ole= 4{1"61F -P - Owner Information: ov`-(,� AArxPAw4F. Address: bon AApevjaT- c. -.-r Telephone Number: 33to•317-32Ar7 Fax Number: E-mail Address: Gric E,' (A01U +C-Qr4 JURISDICTIONAL DETERMINATION REQUEST D. PROPERTY ACCESS CERTIFICATION By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. ea.w- CM." ew2-- Print Name Capacity: Y Owner Authorized Agent Date Signature 4 SCALE: PLAN: 1"=40' SECTION: HOR.-1"=40' VERT. -l"=4' \ //411 O.N\ V M'Or VA /xlzl� jo� IK STREAM IMPACTS: TEMP. STREAM IMPACT FOR PIPE PUMP AROUND: 8 LF PERM. STREAM IMPACT - CULVERT & FILL: 93LF - KEYED -IN RIP RAP: 22LF BUFFER IMPACTS: ZONE 1 IMPACT: 5580 SF ZONE 2 IMPACT: 3374 SF SHEET 2 OF 8 TEMP. STREAM IMPACT: SAND BAGS, #57 STONE & HOSE FOR PIPE PUMP AROUND (CHANNEL MUST BE RESTORED TO EXISTING CONDITION UPON _------ COMPLETION) CAMBRIDGE PARK - PHASE 1A STREAM IMPACTS MELVILLE TOWNSHIP-ALAMANCE COUNTY MEBANE-NORTH CAROLINA JUNE 12, 2018 40 0 20 40 80 1 inch =40ft / —Since 1974— Engineers Surveyors Planners 4609 Dundas Drive Greensboro, North Carolina 27407 Fax 336-854.8876 Phone 336.854-8877 Firm License No.: C-0168 PARK—WERMD IMPACTS.DWG I ONE loMEN om ■■■■ ■■■■■■■■A■■■■n■■■. ■■■■■■- ■■ ■■■iil■ OMNI ■■■■ ■■L� ■■MIN f■■■■I�1■■■■ ■■ ■�■0 �■��I■■■no ME■ ��■■■■■■1\I■■■■ �,■■■■■■' aOEM �(a■■■■ ■■■��■■■off 0 ■_i_ win Now ■■■��/■■ ■■■!�� ��%/■■■■ ■��■■■IOMNI min ■■■■ ■■■■_ M ■■■ ■ �u ��C�� I■■■No ■ _ _fi.� ■ ■■■IIS "�. � Iowa ■ g■■■■■■■■■ ■■■■ ■ ■ ■■■ESloom■■■■ ■■■Im ME � Y ME fit".�■ 1111151-1- im��lllll�iiiim--►-L�-VJW-Jlll/<//W==M�■■ ■�■■■■■■■=■I■■■■ SCALE: PLAN: 1"=40' SECTION: HOR.-1"=40' VERT. -l"=4' \ //411 O.N\ V M'Or VA /xlzl� jo� IK STREAM IMPACTS: TEMP. STREAM IMPACT FOR PIPE PUMP AROUND: 8 LF PERM. STREAM IMPACT - CULVERT & FILL: 93LF - KEYED -IN RIP RAP: 22LF BUFFER IMPACTS: ZONE 1 IMPACT: 5580 SF ZONE 2 IMPACT: 3374 SF SHEET 2 OF 8 TEMP. STREAM IMPACT: SAND BAGS, #57 STONE & HOSE FOR PIPE PUMP AROUND (CHANNEL MUST BE RESTORED TO EXISTING CONDITION UPON _------ COMPLETION) CAMBRIDGE PARK - PHASE 1A STREAM IMPACTS MELVILLE TOWNSHIP-ALAMANCE COUNTY MEBANE-NORTH CAROLINA JUNE 12, 2018 40 0 20 40 80 1 inch =40ft / —Since 1974— Engineers Surveyors Planners 4609 Dundas Drive Greensboro, North Carolina 27407 Fax 336-854.8876 Phone 336.854-8877 Firm License No.: C-0168 PARK—WERMD IMPACTS.DWG I STREAM IN*ACT: --- � NONE — FORCEMAIN WILL BE BORED UNDER HE STREA q�oe SHEET 3 OF 8 1 - , -o ZONES 2 0 CIV CUL n ZONE 1 0 ~ 100—YR FLOOD WC)E ZONE 1 0 ZONt � \ 60 RO STREAM IMPACTS: NONE — NO IMPACTS TO STREAM, SEWER WILL BE BORED UNDER STREAM BUFFER IMPACTS: EXEMPT IMPACT -2 CAMBRIDGE PARK - PHASE 1 A STREAM IMPACTS MELVILLE TOWNSHIP--ALAMANCE COUNTY MEBANE—NORTH CAROLINA JUNE 12, 2018 40 0 20 40 80 1 inch =40ft / —Since 1974— Engineers Surveyors Planners 4609 Dundas Drive Greensboro, North Carolina 27407 Fax 336-854-8876 Phone 336.854-8877 Firm License No.: C-0168 ,CAMBRIDGE PARK -WETLAND IMPACIS.DWG SHEET 4 OF 8 BVI 4.0, • � ,a�tu STGR� Req ��?0�1� l lC)�TF����i TEMP. STREAM IMPACT. jO�`���•!/� SAND BAGS, #57 STONE & HOSE FOrz�iTj CULVERT PUMP AROUND (CHANNEL MUST 141G / BE RESTORED TO EXISTING CONDITION UPON COMPLETION) 30 TEMP. CONSTRUCTION / / ZONE 2 Cq EASEMENT THRU / BUFFERS ZONE 1 0 ZONE 1 00 if— ZONE 2 N 30' PERM. SEWER EASEMENT �- 10" SEWER <SS <SS - < S S / �.�.� STREAM IMPACTS: TEMP. STREAM IMPACT FOR PIPE PUMP AROUND: 8 LF TEMP. STREAM IMPACT FOR PIPE: 4 LF BUFFER IMPACTS: EXEMPT IMPACT -3 CAMBRIDGE PARK - PHASE 1A STREAM IMPACTS MELVILLE TOWNSHIP- ALAMANCE COUNTY MEBANE-NORTH CAROLINA JUNE 12, 2018 40 0 20 40 80 1 inch =40ft 00, —Since 1974— Engineers Surveyors Planners 4609 Dundas Drive Greensboro, North Carolina 27407 Fax 336.854-8876 Phone 336.854-8877 Firm License No.: C-0168 ,CAMBRIDGE PARK -WETLAND IMPACTS.DWG Y 10' SEWER EASEMENT THRU BUFFERS X100 -YR FLOOD SHEET 4 OF 8 BVI 4.0, • � ,a�tu STGR� Req ��?0�1� l lC)�TF����i TEMP. STREAM IMPACT. jO�`���•!/� SAND BAGS, #57 STONE & HOSE FOrz�iTj CULVERT PUMP AROUND (CHANNEL MUST 141G / BE RESTORED TO EXISTING CONDITION UPON COMPLETION) 30 TEMP. CONSTRUCTION / / ZONE 2 Cq EASEMENT THRU / BUFFERS ZONE 1 0 ZONE 1 00 if— ZONE 2 N 30' PERM. SEWER EASEMENT �- 10" SEWER <SS <SS - < S S / �.�.� STREAM IMPACTS: TEMP. STREAM IMPACT FOR PIPE PUMP AROUND: 8 LF TEMP. STREAM IMPACT FOR PIPE: 4 LF BUFFER IMPACTS: EXEMPT IMPACT -3 CAMBRIDGE PARK - PHASE 1A STREAM IMPACTS MELVILLE TOWNSHIP- ALAMANCE COUNTY MEBANE-NORTH CAROLINA JUNE 12, 2018 40 0 20 40 80 1 inch =40ft 00, —Since 1974— Engineers Surveyors Planners 4609 Dundas Drive Greensboro, North Carolina 27407 Fax 336.854-8876 Phone 336.854-8877 Firm License No.: C-0168 ,CAMBRIDGE PARK -WETLAND IMPACTS.DWG SHEET 5 OF 8 30' TEMP. ) C CONSTRUCTION `U , �/ 'm"a EASEMENT THRU (f) 70 BUFFERS m� son \ \ TEMP. STREAM IMPACT: SAND BAGS, #57 STONE & HOSE FOR CULVERT PUMP AROUND (CHANNEL MUST �.. �. C9BE RESTORED TO EXISTING CONDITION \ UPON COMPLETION) 100 -YR FLOOD 10' SEWER EASEMENT THRU BUFFERS 14/ 14- \ ti ./ 14/ / / LOf �� � � EWER E✓Sr �� � \ \ \ . � \ 30' PERS \ \ \ \ STREAM IMPACTS: TEMP. STREAM IMPACT FOR PIPE PUMP AROUND: 8 LF TEMP. STREAM IMPACT FOR PIPE: 4 LF BUFFER IMPACTS: EXEMPT IMPACT -4 CAMBRIDGE PARK - PHASE 1A STREAM IMPACTS MELVILLE TOWNSHIP-ALAMANCE COUNTY MEBANE-NORTH CAROLINA JUNE 12, 2018 40 0 20 40 80 1 inch =40ft / —Since 1974 — Engineers Surveyors Planners 4609 Dundas Drive Greensboro, North Carolina 27407 Fax 336-854-8876 Phone 336.854.8877 Firm License No.: C-0168 ,CAMBRIDGE PARK -WETLAND IMPACTS.DWO \1/ \4/ 55 8 30' TEMP. `V CONSTRUCTION EASEMENT THRU BUFFERS SHEET 6 OF 8 1 1 '3 w ►- wQ aw �J TEMP. STREAM IMPACT: SAND BAGS, #57 STONE & HOSE FOR 100—YR FLS D , \ CULVERT PUMP AROUND (CHANNEL MUST \ \4/ / BE RESTORED TO EXISTING CONDITION UPON COMPLETION) 10' SEWER EASEMENT[/ ONE 2 0 \ THRU BUFFERS 01 %%%.- FgSEMEN� � STREAM IMPACTS: TEMP. STREAM IMPACT FOR PIPE PUMP AROUND: 8 LF TEMP. STREAM IMPACT FOR PIPE: 4 LF BUFFER IMPACTS: EXEMPT \ oNE \ ZONE 2 110,\0 t IMPACT -5 CAMBRIDGE PARK - PHASE lA STREAM IMPACTS MELVILLE TOWNSHIP—ALAMANCE COUNTY MEBANE—NORTH CAROLINA JUNE 12, 2018 40 0 20 40 e0 1 inch =40ft / —Since 1974— Engineers Surveyors Planners 4609 Dundas Drive Greensboro, North Carolina 27407 Fax 336-854.8876 Phone 336.854.8877 Firm License No.: C-0168 PARK-WEIUWD IMPACTS.DWC I / �4 p/04 ,0000 00 2O� 0, �... / V / r01 ,100—YR FLOOD / �0./ STREAM IMPACTS: NONE: WATERLINE WILL BE BORED UNDER STREAM BUFFER IMPACTS: EXEMPT STREAM IMPACT: NONE — WATERLINE WILL BE BORED UNDER THE STREAM SHEET 7 OF 8 cl IMPACT -6 CAMBRIDGE PARK - PHASE IA STREAM IMPACTS MELVILLE TOWNSHIP--ALAMANCE COUNTY MEBANE-✓NORTH CAROLINA JUNE 12, 2018 40 0 20 40 80 1 inch =40ft / —Since 1974— Engineers Surveyors Planners 4609 Dundas Drive Greensboro, North Carolina 27407 Fax 336-854-8876 Phone 336.854-8877 Firm License No.: C-0168 ,CAMBRIDGE PARK-WE7UWD IMPACfS.M PROPOSED PUMP 3.;;\\\ RIP RAP #57 STONE AROUND �_ PIPE INLET STREAM TO PROPOSED SILTFENCE (TYP•) sTRrATa— FLOW t'LHIV 3' 3' MIN. MIN. FROM TOP OFPUMP BANK EX. INV. CREEK TEMPORARY STONE DAM REMOVE ENOUGH SANDBAGS TO ALLOW FLOW THROUGH WHEN NOT PUMPING AROUND. POLTETHYLENE FABRIC ON FACE (8 ML. THICK) SECTION A -A TEMPORARY "PIPE CROSSING - PUMP AROUND" FOR PIPE INSTALLATION NOTES 1) EROSION STONE TO BE -CLASS I- RIP—RAP UNLESS DESIGNATED DIFFERENTLY ON CONSTRUCTION PLAN. 2) PUMP AND LINE SIZE TO BE DETERMINED BY THE CONTRACTOR USING THE BASE FLOW SHOWN ON THE CONSTRUCTION PLANS 3) MATERIAL SPECIFICATIONS SANDBAGS: SANDBAGS SHALL CONSIST OF MATERIALS WHICH ARE RESISTANT TO ULTRAVIOLET RADIATION, TEARING AND PUNCTURE, AND WOVEN TIGHTLY ENOUGH TO PREVENT LEAKAGE OF FILL MATERIAL (i.e. SAND, FINE GRAVEL, ETC.) CONSTRUCTION SEQUENCE FOR PIPE CROSSING—PUMP AROUND 1)INSTALL PUMP AND LINE TO PUMP FLOW FROM AREA UPSTREAM OF TEMPORARY STREAM CROSSING TO AREA DOWNSTREAM OF CONSTRUCTION AREA. BEGIN PUMPING AND CONTINUING PUMPING WHILE WORKING WITHIN THE STREAM. 2)INSTALL DOWNSTREAM TEMPORARY STONE DAM AND FILTER FABRIC TO PREVENT BACKFLOW INTO CONSTRUCTION AREA. 3)INSTALL PROPOSED SILT FENCE ALONG TOP OF BANK EACH SIDE OF THE CONSTRUCTION AREA. 4) UPON CONSTRUCTION COMPLETION, REMOVE TEMPORARY DAMS, FILTER FABRIC. DEPRESS TEMPORARY DAM BOTTOMS INTO STREAM BED UNTIL TOP OF RIP RAP IS LEVEL WITH STREAM BOTTOM. 5) UPON STABILIZATION OF CLEARED AREAS, REMOVE TEMPORARY EARTH BERM, SEDIMENT TRAP, AND DEWATERING BASIN. SHEET 8 OF 8 DETAIL SHEET CAMBRIDGE PARK - PHASE lA STREAM IMPACTS MELVLLLE TOWNSHIP—ALAMANCE COUNTY MEBANE—NORTH CAROLINA JUNE 12, 2018 40 0 20 40 80 1 inch =40ft. moans 4609 Dundas Drive Greensboro, bneerg North Carolina 27407 g9 Inc Fax 336-854-8876 —Since 1974— Phone 336-854-8877 Engineers Surveyors Planners Firm License No.: C-0168 PARK -WETLAND IMPACTS.DWG " y� nam kip- A i Jk v 7W Ir • a -. �.. v '•. �*�� .•� .gip «:,x°e• 1 y. ,��Y'. �'.Y� �' 'i^ t Y'� •`A . h i � 1 r ^1� � C "l� �+, �`� i M a c r na punas x i "aft �q`' r s , r � �.� ► ,,, a _ .,(a�uaNpn�{e�aua�}aauuaSS1�9�V10dH SAW -2017-02329 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2017-02329 County: Alamance U.S.G.S. Quad: NC- Mebane NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Three Oaks Engineering, Inc. Attn.: Nathan Howell Address: 324 Blackwell Street, Suite 1200 Durham, NC 27701 Size (acres) 233.89 Nearest Town Mebane Nearest Waterway Little Haw Creek River Basin Cape Fear USGS HUC 03030002 Coordinates 36.044986 N, -79.295776 W Location description: The proiect area is located between the eastern terminus of Rock Bridge Drive and the western terminus of Burgess Drive, in Mebane, Alamance County, North Carolina. The Review Area for the Approved Jurisdictional Determination is delineated as the orange outlined "Review Area for Approved JD" on the attached map entitled "Figure 3:' The Review Area for the Preliminary Jurisdictional Determination includes the remainder of the area delineated as the red outlined "Review Area for Preliminary JD" on the attached map entitled "Figure 3." Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters including wetlands, on the above described "Review Area for Preliminary JD", that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated March 2018. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters including wetlands, on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters including wetlands, on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters including wetlands, on the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. SAW -2017-02329 ❑ We recommend you have the waters including wetlands, on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters including wetlands, on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated _. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on _. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® There are no waters of the U.S., to include wetlands, present on the above described "Review Area for Approved JD", which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact David Bailey at (919) 5544884 X 30 or David.E.Bailev2(a)usace.armv.mil. C. Basis For Determination: See the attached Approved Jurisdictional Determination Form and Preliminary Jurisdictional Determination Form. dated 5/2/2018 and 6/1/2018. respectively. D. Remarks: The Review Area for the Approved Jurisdictional Determination is delineated as the orange outlined "Review Area for Approved JD" on the attached man entitled "Figure 3." The Review Area for the Preliminary Jurisdictional Determination includes the remainder of the area delineated as the red outlined "Review Area for Preliminary JD" on the attached map entitled "Figure 3." E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 SAW -2017-02329 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form (for the Approved JD), it must be received at the above address by 7/30/2018. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date of JD: 6/1/2018 Digitally signed by BAILEY.DAVID.E.1379283736 DN: c=BS, o=BAIL Government ou=DOD, ou=PKI, ou=USAcn=6AILEY.DAVID.E.1379283736 Date: 2018.06.01 13:22:17 -04'00' Expiration Date of Approved JD: 6/1/2023 Expiration Date of Preliminary JD: Not Applicable The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at hqp://coipsmapu.usace.army.mil/cm apex/Vp=136:4:0. Copy furnished: Sue Homewood, NCDEQ-DWR, 450 W. Flanes Mill Rd, Suite 300, Winston-Salem, NC 27105 y o WE' ot { f 4 Y• - Y >' ` ► • _eSTF •7 .��F�LYNF t SA WF R R \ D �� w t^ • ` u WE sO 1 , �r r a SH WD f �', r jy • SA t SE S4 B SA del�,r.a, eSG•; ell SF' s, „�► ' R\QCjE 141 SA _. ROG� 0�r WC TA a= f WA SC SD ' BURGESSOR {{ e�Z OR 04 SBr - • WG - - • - • - •• • .•• . WH SJ r � Intermittent Origin Potential Potential Wetland ��PMERE • Perennial Origin Intermittent i Isolated Wetland Stream Streets Potential r" 1 Review Area for WC WG SI Potential Tributary of the `J Preliminary JD Perennial Stream US - Buffers Do Review Area for Not Apply Approved JD SJ f,*6\NPd For: or: Date: March 2018 Preliminary Jurisdictional Determination: Figure Bob Scale: 0 200 400 Feet Dischinger, Proposed Cambridge Park t L j o Evans Jurisdictional Features Map Job No.: 17-612 Engineering 3Ni���' Alamance County, North Carolina Drawn By: Checked By: NMS NDH N, I r�v_ Water Resources Environmental Quality March 27, 2018 Mr. Nathan Howell Three Oaks Engineering 324 Blackwell St, Suite 1200 Durham, NC 27701 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director Subject: On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H.0500) On -Site Determination for Applicability to the Jordan Lake Buffer Rules (15A NCAC 2B .0267) Subject Property: Turner Rd, Mebane NC, Alamance County Dear Mr. Howell: This letter is an update to, and shall replace, the Stream Determination letter issued on January 23, 2018. On November 7, 2017, at your request, Sue Homewood conducted an on-site determination to review features located on the subject project for stream determinations with regards to the above noted state regulations. David Bailey with the US Army Corps of Engineers was also present during the site visit. The Division acknowledges the areas and boundaries identified as jurisdictional wetlands by the USACE. The attached sketch accurately depicts all stream determinations conducted during the site visit. Please note that at the time of this letter, all perennial stream channels and jurisdictional wetlands found on the property are subject to the mitigation rules cited above. The following streams shown on the attached map are also subject to the above referenced Jordan Lake Buffer Rules: SA, SD, SE, SG from flag SG (excluding the upper section labelled TA), SH, SI and SJ. The owner (or future owners) should notify the Division (and other relevant agencies) of this decision in any future correspondences concerning this property. This on-site determination shall expire five (5) years from the date of this letter. State of North Carolina Environmental Quality 450 West Hanes Mill Road, Suite 300 Winston-Salem, North Carolina 27105 336-776-9800 Landowners or affected parties that dispute a determination made by the Division or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o 401 & Buffer Permitting Branch, 1650 Mail Service Center, Raleigh, NC 27699-1650. Individuals that dispute a determination by the Division or Delegated Local Authority that "exempts" surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60 -day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. The Division recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. 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 determination is final and binding unless you ask for a hearing within 60 days. This letter only addresses the applicability to the mitigation rules and the buffer rules and does not approve any activity within Waters of the United States or Waters of the State or their associated buffers. If you have any additional questions or require additional information, please contact me at 336-776-9693 or sue.homewoodAmcdenngov. Sincerely, Sue Homewood Winston-Salem Regional Office Enclosures: USGS Topo Map Updated March 2018 Three Oaks Jurisdictional Features Map Cc: Donald W. Burgess, 6051B Mount Zion Rd, Snow Camp, NC 27349 David Bailey, USACE Raleigh Regulatory Field Office (via email) DWR, Winston-Salem Regional Office