20060973 Ver 3_More Info Received_20090604

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KELLER ENVIRONMENTAL
EN 9210 TS
Haymarket Lane,, Raleigh, NC FAR r4,
[phone]
Fax[phone]
LETTER OF TRANSMITTAL
DATE: June 4, 2009
TO: NC Division of Water Quality ATTENTION: Cyndi Karoly
RE: Birchwood Homes
WE ARE SENDING YOU THE FOLLOWING:
® Pre-construction Notification (PCN) ? Plans ? Maps
® Documents ? Other
THESE ARE TRANSMITTED AS CHECKED BELOW
® For approval ® As requested ® For review & comment
® Please reply ? See below ® For your files
? Specifications
? Regular Mail ? Fed-Ex ® Delivered by KE ? Picked Up
COPIES DATE DESCRIPTION
5 6-4-09 Cover Letter
5 6-4-09 Revised PCN
5 4-29-09 NCEEP Wetland Mitigation Acceptance Letter
THANK YOU!
Rec'd By: Signed ?? '??9
KE
KELLER ENVIRONMENTAL
ENVIRONMENTAL CONSULTANTS
June 4, 2009
Thomas Brown
US Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587

Cyndi Karoly
DWQ 401 Wetlands Unit
2321 Crabtree Blvd
Raleigh, NC 27604
Re: Birchwood Homes
Keller Environmental Job No. 0732
DWQ Project # 06-0973
Nashville, North Carolina
Dear Mr. Brown and Ms. Karoly:
On behalf of MAEVCO, LLC, thank you for assistance from your offices. We are
pleased to submit the following revised information that was requested last week from email
and phone communications for US Army Corps of Engineers (COE) 404 and DWQ 401
approval. Nationwide Permits (NWP) 18 & 29 will be used for these non-riparian wetland
impacts. NWP 18 will be used for the detention pond wetland impact (0.028-acre) on Lot 36.
NWP 29 will be used for the remaining lot and road wetland impacts. Mitigation for the
0.243-acre wetland impacts will be provided by the NCEEP in-lieu fee mitigation program.
Please refer to the attached acceptance letter received from Mr. Bill Gilmore via Mrs. Kelly
Williams last month.
Please provide us the 404 and 401
you for your assistance with this project.
clarification please feel free to contact
iayOkellerenvironmental.com.
Sincerely,
Keller Environmental, LLC

Jay Keller
Principal
authorizations at your earliest convenience. Thank
If you should have questions or require additional
me at 844-7437 (office), 749-8259 (cell) or email:
Cc: Nils Joyner, P.L.S.
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Office Use Only:
Corps action ID no.
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
1 b. Specify Nationwide Permit (NWP) number: 29 & 18 or General Permit (GP) number:
1 c. 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):
® 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
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Birchwood
2b. County: Nash
2c. Nearest municipality / town: Nashville
2d. Subdivision name: Birchwood
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed: Maevco Development LLC
3b. Deed Book and Page No. 2122; 645
3c. Responsible Party (for LLC if
applicable): Claude Mayo
3d. Street address: 3051 Sunset Avenue
3e. City, state, zip: Rocky Mount, NC 27804
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Page 1 of 11
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: Jay Keller
5b. Business name
(if applicable): Keller Environmental LLC
5c. Street address: 7921 Haymarket Lane
5d. City, state, zip: Raleigh, NC 27615
5e. Telephone no.: 919-844-7437
5f. Fax no.: 919-844-7438
5g. Email address: [e-mail]
Page 2 of 11
B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel ID): 380016947624
1 b. Site coordinates (in decimal degrees): Latitude: 35.958595 Longitude: -77.952305
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: 11.20 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to UT to Sapony Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: WS-IV: 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:
Mostly forested tract with 2 existing roads and infrastructure. A dry detention pond exists in the southwest property
corner.
3b. List the total estimated acreage of all existing wetlands on the property:
2 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
0 linear feet
3d. Explain the purpose of the proposed project:
The proposed and existing impacts to the wetland areas are necessary to complete the subdivision, thus sustaining the
development of the residential areas.
3e. Describe the overall project in detail, including the type of equipment to be used:
18 residential lots and one BMP lot are proposed for Birchwood Subdivision. The existing and proposed impacts to the
wetland areas are associated with one road, stormwater structure, and 3 lots. Equipment used included trackhoes,
bulldozers, and other land grading equipment.
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
? Preliminary ® Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Keller Environmental
Name (if known): Jay Keller Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
June 6, 2007
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? ® Yes
? No ? Unknown
5b. If yes, explain in detail according to "help file" instructions. Include the Corps Action ID Number, DWQ Project
Number, application date, and dates permits and certifications were issued or withdrawn. Provide copies of
previously issued permits, certifications or other useful information.
Corps Action ID #200420354; DWQ Project #06-0973; please refer to the attached correspondence.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 11
C. Proposed Impacts Inventory
1. Impacts Summary
1a. 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

Lot 6 ®P ? T Land Clearing /
Fill
Headwater ® Yes
? No ® Corps
? DWQ
0.028
Lot 8 ®P ? T Land Clearing Headwater ® Yes
? No ® Corps
? DWQ 0.017
Lot 9 ®P ? T Land Clearing Headwater ® Yes
? No ® Corps
? DWQ 0.000 (10 SF)
Lot 23 ® P ? T Land Clearing / Headwater ® Yes ® Corps 020
0
Fill ? No ? DWQ .

Lot 36 ®P ? T Land Clearing,
Headwater ® Yes ® Corps
028
0
Fill, Excavation ? No ? DWQ .

Rdway ®P ? T Land Clearing /
Headwater ® Yes ® Corps
0.150
Fill ? No ? DWQ
2g. Total wetland impacts 0.243
2h. Comments: Impacted wetlands include Lots 8, 9, and 36; and roadway. NWP 18 will be used for detention pond
impacts (0.028-acre) on Lot 36.
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 ? PER ? Corps
? INT ? DWQ
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
? INT ? DWQ
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 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 T
01 ?P?T
02 ?P?T
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
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 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?
B1 ?P?T ?Yes
? No
B2 ? P ? T ? Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11
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 proposed path of Par Drive will provide access to this property from Golfers Lane. Upon Par Drive entering the
property, the road was immediately curved to the east to avoid the western wetland areas. The stormwater pond on Lot
36 was strategically placed to avoid the western wetland areas and large ditch while discharging to this adjacent ditch.
The pond was also placed in an area where the pre-existing flow discharged.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Sediment fence and numerous check dams were placed in the roadside swales and large southern ditch to protect
downstream water quality. Minimal grading was conducted in the pre-existing ditch in front of Lots 8 &9 and the access
area to Golfers Lane. Large logging mats were used during the initial clearing and grading to avoid additional wetland
impacts.
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

®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: 0.243 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 DWO
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
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 diff use flow plan included? If no, explain why.
? Yes ? No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 17.9%
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Total acreage: 11.20 acres. Impervious
areas: pre-existing-0; proposed- 2.00 acres. Proposed impervious areas include 0.76 acres of roads and 1.24 acres of
houses and driveways.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the 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? Town of Nashville
? 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
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)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1b. 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): The April 18, 2007
Notice of Violation stated that approximately 12,000 square feet of wetlands and 765 linear feet of intermittent stream channel
were impacted. After subsequent site visits with Mike Horan (DWQ), Thomas Brown (COE), & Jean Manuele (COE) and
other involved parties on May 17, 2007, June 6, 2007, and thereafter, it was determined that southern drainageway was an
ephemeral non-jurisdictional ditch. Also, the road and adjacent areas impacts along with the stormwater pond area was
determined to be approximately 0.195 acres. Attempts to minimize wetland impacts to less than 1/10`h acre were conducted
while the jurisdictional determination was on-hold due to the Rapanos Supreme Court isolated wetlands moratorium.
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.
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.
To the Town of Nashville WWTP.
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 ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
F-1 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 and NC Natural Heritage Databases and Maps were consulted. No endangered species or designated critical
habitat impacts are anticipated.
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?
NC Natural Heritage and South Atlantic Habitat and Ecosystem IMS Databases and Maps.
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?
North Carolina State Historic Preservation Office Databases and Maps.
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? The surveyor confirmed that the project is not in a
FEMA floodplain area.
Jay Keller 6-4-2009
Applicant/Agent's Printed Name Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 11
Epste,m
PROGRAM
April 29, 2009
David Combs
Maevco Development
3051 Sunset Avenue
Rocky Mount 27804
Project: Birchwood
Expiration of Acceptance: January 29, 2010
County: Nash
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved. You must also comply with all other state federal or local
government permits, regulations or authorizations associated with the proposed activity including SL 2008-152• An Act to Promote
Compensatory Mitigation by Private Mitigation Banks
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer iI
(Sq. Ft.)
Cold Cool Warm Riparian Non-Ri arian Coastal Marsh
Impact Tar-Pamlico 03020101 0 0 0 0 0.243 0 0 0
Credits Tar-Pamlico 03020101 0 0 0 0 0.243 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the
U.S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at [phone] or Kelly Williams at
[phone].
Sincerely,
William D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Thomas Brown, USAGE-Raleigh
Ian McMillan, NCDWQ- Wetlands/401 Unit
Jay Keller, agent
File
Not-" oar state
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net