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HomeMy WebLinkAbout20090723 Ver 1_401 Application_20090609?1!?LMG .De"° 72 3 LAND MANAGEMENT GROUP INC. Environmental Consultants COURTESY Copy June 18, 2009 JUN 2 4 2009 TO: Ms. Kimberly Garvey U.S. Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 RE: After-Action Restoration Plan Brunswick County, NC Action ID# SAW-2009-00925 Dear Kim: DENR - WATER QUAUrr VOW= MD ST ftMTER 8WW.A & NWP 18 & 33 Application for 7219 Island View Place SW; Enclosed is an After-Action Restoration Plan & Nationwide Permit 18 & 33 Application for your review. This report and application is submitted on behalf of Mr. Robert Pope for his property at 7219 Island View Place SW in Ocean Isle Beach, NC. The applicant is proposing to construct a 20' wide shallow meandering stream shaped to a 1:100 slope (1%) through existing fill material located in waters of the US. The construction of this stream will restore the area back to its natural state prior to the ponds excavation, will minimize waters and/or wetland impacts, and will bring the project out of violation with the Clean Water Act. The applicant proposes temporary impacts to approximately 0.157 acres of waters of the US during the stream construction. Once the stream is intact, approximately 0.082 acres of riparian wetlands will be restored along with approximately 250 LF of ephemeral stream channel. Total permanent impacts will equal 0.075 acre of waters of the US. The constructed ephemeral stream and riparian areas will provide for greater wetland functions than the existing stagnant pond and will be used to mitigate the small loss of waters of the US. Please review this restoration plan and permit application and contact me if you have any questions. Thank you for your assistance with this project. Sincerely, 'W ?e,.-?-? i4 • ?o-? Wes Fryar Environmental Scientist Encl. Cc: Mr. Robert Pope Mr. Chad Coburn, DWQ Mr. Ian McMillan, DWQ www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 LMG LAND MANAGEMENT GROUP INC. Environmental Consultants W June 18, 2009 TO: Mr. Chad Coburn NC Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 RE: After-Action Restoration Plan & Courtesy Copy of NWP 18 & 33 Application for 7219 Island View Place SW; Brunswick County, NC COE Action ID# SAW-2009-00925 Dear Chad: Enclosed is an After-Action Restoration Plan & Courtesy copy of a Nationwide Permit 18 & 33 Application for your review. This report and application is submitted on behalf of Mr. Robert Pope for his property at 7219 Island View Place SW in Ocean Isle Beach, NC. The applicant is proposing to construct a 20' wide shallow meandering stream shaped to a 1:100 slope (I%) through existing fill material located in waters of the US. The construction of this stream will restore the area back to its natural state prior to the ponds excavation, will minimize waters and/or wetland impacts, and will bring the project out of violation with the Clean Water Act. The applicant proposes temporary impacts to approximately 0.157 acres of waters of the US during the stream construction. Once the stream is intact, approximately 0.082 acres of riparian wetlands will be restored along with approximately 250 LF of ephemeral stream channel. Total permanent impacts will equal 0.075 acre of waters of the US. The constructed ephemeral stream and riparian areas will provide for greater wetland functions than the existing stagnant pond and will be used to mitigate the small loss of waters of the US. Please review this revised permit application and contact me if you have any questions. Thank you for your assistance with this project. Sincerely, Wes Fryar Environmental Scientist Encl. Cc: Mr. Robert Pope Mr. Ian McMillan, DWQ Ms. Kim Garvey, USACE www.lmgroup.net • infoglmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 AGENT DISCLOSURE FORM TO WHOM IT MAY CONCERN: I/we, the undersigned, hereby authorize Land Management Croup, Inc. to act as our agent in the preparation and representation of information submitted within the 401/404 and/or CAMA applications and/or septic permits for the'41.19 %66J V ?fw Rye SVJ site. All questions in regards to this project should be directed to Land Management Group, Inc. Sincerely, Applicant Signature Print Name bate After-Action Report 7219 Island View Place SW Bob Pope Pond Ocean Isle Beach Brunswick County, North Carolina Action ID# SAW-2009-00925 Prepared by: Land Management Group, Inc. P.O. Box 2522 Wilmington, NC 28402 Prepared for: U.S. Army Corps of Engineers Job# 01-09-099 June 15, 2009 Table of Contents 1.0 Introduction .............................................................................................................................3 2.0 Site Description .......................................................................................................................3 3.0 Area of Disturbance ................................................................................................................4 4.0 Restoration ...............................................................................................................................4 List of Figures & Appendices Figure 1. Vicinity map Figure 2. USGS Topographic map Figure 3. Soils Map Figure 4. Aerial Photograph Figure 5. Site Plan showing `Existing Conditions' of Project Area Figure 6. Site Plan showing `Proposed Restoration' Figure 7. `Zoom In' of Restoration Area Figure 8. `Top View' Schematic of Restoration Area with Elevation Readings Figure 9. Existing Conditions Cross-Section with Proposed Grade Figure 10. Final Proposed Conditions Cross-Section with Proposed Grade Appendix A. Photographs of Site 2 1.0 Introduction On May 12t' (2009), Ms. Kimberly Garvey and Ms. Teresa Russell from the Wilmington Regional Office of the United States Corps of Engineers (USACE), and Ms. Stacie Craddock of the U.S. Environmental Protection Agency (EPA) conducted a site inspection in regards to a complaint from a neighbor regarding the unauthorized discharge of dredged and/or fill material into waters of the United States, including wetlands adjacent to the Atlantic Intracoastal Waterway (AIWW). These inspections revealed that the subject property was in violation of Section 301 of the Clean Water Act (33 USC 1311) for the measurable discharge of fill material into approximately 0.25 acres of jurisdictional waters of the US and/or wetlands. Specifically, they stated the presence of fill material in a pond and wetlands on the property. As stated in a phone conversation on June 15th (2009) by Ms. Kimberly Garvey of the USAGE, an After-the-fact Nationwide 18 & 33 permit application (ATF) will be submitted along with this restoration plan for unauthorized activities in jurisdictional waters of the US and/or wetlands and for the restoration of a stream channel in the impacted waters of the US and/or wetlands area. Pursuant to the notice of unauthorized activity, the following `after- action' report identifies appropriate steps to be taken for the correction of unauthorized disturbances to wetlands and restoration of the small ephemeral stream. 2.0 Site Description The site is located on the west side of Hideaway Road SW and Island View Place SW in Ocean Isle Beach, Brunswick County, NC (refer to Figures 1 through 3). The violation area is located along the northern side of the property in a pond which connects to an unnamed ephemeral tributary to the Atlantic Intracoastal Waterway (AIWW) through a small dike and 6" pipe culvert (Figure 5, 8, and Appendix A). The pond was dug out of high ground by Mr. Pope in the early 1970's and was connected to the tributary of the AIWW through the 6" overflow pipe. Much of the site consists of upland soils mapped by the Natural Resource Conservation Service (NRCS) as Wando fine sand (Figure 3). The wetland soils that exist on site consist of Bohicket silty clay loam and are composed almost entirely of Coastal Marsh. Most of the upland vegetation present consists of characteristic species such as live oak (Quercus virginiana), wax myrtle (Morelia cerifera), yaupon holly (Ilex vomitoria), common greenbrier (Smilax rotundifolia), and muscadine grape (Vitis rotundifolia). Wetland vegetation on the property consists of characteristic species such as black needlerush (Juncus roemerianus), wool grass (Scirpus cyperinus), and saltmarsh cordgrass (Spartina alterniflora). 3.0 Identified Areas of Disturbance On June 3rd (2009), staff of Land Management Group, Inc. (LMG) met on-site with Robert Pope to determine the extent of the identified disturbance. During the course of this evaluation, LMG confirmed that a pond considered jurisdictional waters of the US has been filled in order to reduce the liability of neighborhood children from falling into the pond or encountering venomous pests such as the Cottonmouth Water Moccassin (Agkistrodon piscivorus) which has recently inhabited the pond (Figures 5, 7, 8 and site photos). Only a portion of the pond has been filled which equals an area approximately 0.108 acres in size (Figure 5 & 7). Total existing disturbance for the site equals 4,700 ft' or 0.108 acres (Figure 5). 4.0 Remedial Action Portions of the unauthorized pond fill will be restored to a natural state by constructing a 20' wide shallow meandering stream shaped to a 1:100 slope (1%) through existing fill material (Figures 6- 10). This construction will bring the area back to its natural swale like state prior to the pond construction with the restoration and/or creation of an ephemeral stream and abutting wetland areas. The existing pond area will be drained during construction to avoid sediment erosion into adjacent wetlands. A backhoe or grader will be used in this area to construct the shallow stream. Elevation readings were taken along the length of the project area in order to determine the slope of the proposed stream. It was determined that around two (2) feet of fall will be needed for the approximate 200' of proposed construction. In order to stabilize the newly constructed area, Coastal Bermuda grass (Cynodon dactylon) will be planted along the top banks of the proposed stream along with Wax Myrtles (Morella cerifera) every thirty (30) feet and soft rush (Juncus effuses) along the 4 stream edge. A sediment pond lined with rock will be constructed where the existing dike/berm is located, and will be left in place until the vegetation stabilizes the constructed stream area. Rain and ground water will be allowed to trickle into the sediment pond and through the rock check dams into the unnamed creek. The mouth of the stream will be stabilized before removing/lowering the stones. Upon concurrence of this plan of action by the USACE, restoration activities will be initiated. The USACE will be notified of completion of such activities to ensure the area is adequately restored. AAW i Qo o`l' :edar Bay I b rl `Br_ ui idaf ies are app oxlma e a t)(1 Hi E M)f rrneani lo be absolute Map Source: North Carolina Atlas & Gazetteer,2007 p. 86 SCALE 1" = 1 Mile 7219 Island View Place SW Robert Pope LM G Ocean Isle Beach Figure 1 Brunswick County, NC www.LMGroup.net Vicinity Map 01-09-099 Phone: 910.452.0001 •1.866.LMG.1078 Fax: 910.452.0060 June 2009 P.O. Box 2522, Wilmington, NC 28402 i 6 qvV3ACOA51 `Boundaries are appioxi ate atw i,F- not meant to be absolute Map Source: Shallotte Quadrangle 7.5 minute (topographic) 1990. SCALE 1" = 500' 7219 Island View Place SW Robert Pope 4 ND I G; LMG Ocean Isle Beach MA 1 '''I C _!; , 1, Figure 2 Brunswick County, NC vvww.LMGroup.net USGS Topgraphic Map 01-09-099 Phone: 910.452.0001 •1.866.LMG.1078 Fax: 910.452.0060 June 2009 P.O. Box 2522, Wilmington, NC 28402 WaB: Wando fine sand BO: Bohicket silty clay loam "Boundaries ate approxiniatr ano are. slot meant to be absolute Map Source: NRCS Soil Survey GIS Data. SCALE 1" = 500' 7219 Island View Place SW Robert Pope LMG Ocean Isle Beach "?D"' f-„ 1, , Figure 3 Brunswick County, NC :www.LMGroup.net Soils Map 01-09-099 Phone: 910.452.0001 •1.866.LMG.1078 Fax: 910.452.0060 June 2009 P.O. Box 2522, Wilmington, NC 28402 }Boundaries are approximate and arF not meant to be absolute Map Source: 2004 NAPP Aerial Photography SCALE 1" = 100' 7219 Island View Place SW Robert Pope LMG Ocean Isle Beach "n"`"a`'`,""T1,h°`r' Figure 4 Brunswick County, NC -vrvm.LMGroup.net Aerial Photograph 01-09-099 Phone: 910.452.0001 •1.866.LMG.1078 Fax: 910.452.0060 June 2009 P.O. Box 2522, Wilmington, NC 28402 - Existing Pond Fill Area ( - 0.108 acres) - Existing Pond Area ( - 0.049 acres) - Existing Berm Area ( - 0.029 acres) ;?' ?;?• - Existing CAMA Marsh Area "Boundaries are approximate and are not meant to be absolute. N W ? E S SCALE 1" = 100' 7219 Island View Place SW Robert Pope LMG Ocean Isle Beach LAND MAN kc, MEN1 ` 1KI Figure 5 Brunswick County, NC Wwww.LMGroup.net "Existing Conditions" 01-09-099 Phone: 910.452.0001 •1.866.LMG.1078 of Project Area Fax: 910.452.0060 June 2009 P.O. Box 2522, Wilmington, NC 28402 -? % = - Proposed Riparian Restoration Area 711 0.082 acres) - Proposed Stream Channel Restoration ( - 250 LF) Toundaries are approximate and are not meant to be absolute. N W- 7 E S SCALE 1 100' 7219 Island View Place SW Robert Pope LMG Ocean Isle Beach IAN DMAN A,;MLN1CA t,:' Figure 6 Brunswick County, NC Orr i www.LMGroup.net "Proposed Restoration" 01-09-099 Phone: 910.452.0001 •1.866.LMG.1078 Fax: 910.452.0060 June 2009 P.O. Box 2522, Wilmington, NC 28402 Existin Proposed Existing Pond Fill Area 0.108 acres)Proposed Riparian Restoration Area - Existing Pond Area 0.049 acres) 0.082 acres) - Existing Berm Area - Proposed Stream Channel g 0.029 acres) Restoration ( - 250 LF) - Existing CAMA Marsh Area Toundaries are approximate and are not meant to be absolute. N WE 6661 s??( SCALE 1 50' 7219 Island View Place SW Robert Pope LMG Ocean Isle Beach 1.ANjIMANAGE&RNi(1';°1" . 11.1,.,-, 01, 1, Figure 7 Brunswick County, NC www.LMGroup.net "Zoom In" of Restoration 01-09-099 Phone: 910.452.0001 •1.866.LMG.1078 Fax: 910.452.0060 Area June 2009 P.O. Box 2522, Wilmington, NC 28402 MHW Myrtle Grape ? CatBrier Yaupon Poison Ivy Vertical 4' Bank Live Oak Erosion into roots worm/dam Breast - Fill Ordinary Water Level g, 1 „ Pond 76 I ®E- 4'8" 00 W-W 1 F-- Fill Material Approximate Limit of Old Pond Bank 26 1I ,TTTTT E--- Existing bridge CAMA Marsh *--Juncus, Scirpus, Giant Spartina B x Marsh Mud - 11'2" tea- z "Boundaries are approximate and are not meant to be absolute. A 66" Ditch Iq,<L- 56.5" IV O O 7219 Island View Place SW Robert Pope LMG ND MAK'X' MINT 61M F Ocean Isle Beach LAND , -1 figure 8 Brunswick County, NC i ?w - -roup.net "Top View" of Restoration 01-09-099 Phone: 910.452.0001 •1.8661MG.1078 Area w/ Elevation Fax: 910.452.0060 Readings June 2009 P.O. Box 2522, Wilmington, NC 28402 ?O ? o U N O C?3 o, U C7 X o v ' ° I L I p 7d 0 U? O _0 o (? w r-- O ® O J V . I.L `_ . C7 O C.: iL CD 00 ti NO `L O O ' W 4- C 4 ?d O C op p 0 - 0 N -- rh? O Lo . (D "T E J O CLOII MN U- LO O N 1 I O) 0 Qj m O O t d O G G u CC O f - _ m b / m u ? RE G, °' U U o L z E` C ? ? o 7 y ? , . W H c ` ? ? U ? c?Cr co - `? r Q+ m a?i > T h - U °, c) o -0 21 r m o I - c 4 ? o ? ? N ? o c7 Q 7:1 m O ?v ? ? W U o W o U D ? 626 U- O a OD N O O it 7 00 00 - (D N 2i U J Z (o r ^, C (.0 O O O. cq O ?../1 [ U? O o E cs) T N Lo N co N O U- N o W : dj m C ` ,1 O O +- J C t a (D L N Y X 0 C'n Ul) Q E 03 a a pq ? O 'C) „. „ ? • 43 00 L J GQ ° Ci V ?. z 7219 Island View Place SW Robert Pope LMG Ocean Isle Beach LAND HAKAf F MP4F 61': P -'W 1 1.11 ,' ?,-„Appendix A: 11 Brunswick County, NC www.LMGroup.net Site Photographs 01-09-099 Phone: 910.452.0001 •1.866.LMG.1078 Page1 Fax: 910.452.0060 June 2009 P.O. Box 2522, Wilmington, NC 28402 View of Existing Pond Fill and Pond w/ scoured banks - Looking East View of scoured bank exposing live oak roots View of undisturbed ditch to east of undisturbed wetland area 7219 Island View Place SW Robert Pope 1. M G Ocean Isle Beach 1 AR D&IA G A1; i MILN I(,R0,1 ?" " Appendix A: Brunswick County, NC 01-09-099 www.LMGroup.net Site Photographs Phone: 910.452.0001 •1.866.LMG.1078 Page 2 Fax: 910.452.0060 June 2009 P.O. Box 2522, Wilmington, NC 28402 View of undisturbed wetland area to north of existing pond fill 7219 Island View Place SW Robert Pope LM G Ocean Isle Beach `Aura",""",i.MFN` `RO' P <,., , ,.,,,.;.,,<<,,, ,.,,t` Appendix A: Brunswick County, NC 01-09-099 ?www.LMGroup.net Site Photographs Phone: 910.452.0001 •1.866.LMG.1078 page 3 Fax: 910.452.0060 June 2009 P.O. Box 2522, Wilmington, NC 28402 View of existing pond fill looking west towards pond and berm area View of pond and 6" outfall culvert +_ 3 7219 Island View Place SW Robert Pope LMG Ocean Isle Beach IANDMAN",LNN,°h"`'' ` ,, Appendix A: Brunswick County, NC www.LMGroup.net Site Photographs 01-09-099 Phone: 910.452.0001 •1.866.LMG.1078 Page 4 Fax: 910.452.0060 June 2009 P.O. Box 2522, Wilmington, NC 28402 View of Cottonmouth Water Moccassin in pond b is View of existing berm area View of 6" outfall pipe and wetland area 7219 Island View Place SW Robert Pope LMG Ocean Isle Beach LAND MANAI' ""'"ROLY Appendix A: Brunswick County, NC www.LMGroup.net Site Photographs 01-09-099 Phone: 910.452.0001 •1.866.LMG.1078 Page 5 Fax: 910.452.0060 June 2009 P.O. Box 2522, Wilmington, NC 28402 Oq-0 72 3 ?? W A TF? 9 9 ! > 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 ESY UKI COPY 1. Processing 1 a. Type(s) of approval sought from the Corps: After-the-Fact Section 404 Permit ®404 Permit ? Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 18 & 33 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): ? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1e. 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: 7219 Island View Place SW 2b. County: Brunswick 2c. Nearest municipality / town: Ocean Isle Beach 2d. Subdivision name: Hideaway Estates 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Robert E Pope 3b. Deed Book and Page No. 0576 / 0519 3c. Responsible Party (for LLC if applicable): 3d. Street address: 7219 Island View Place SW 3e. City, state, zip: Ocean Isle Beach 3f. Telephone no.: 910-579-2117 3g. Fax no.: 3h. Email address: 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: Wes Fryar 5b. Business name (if applicable): Land Management Group, Inc 5c. Street address: 3805 Wrightsville Avenue 5d. City, state, zip: Wilmington, NC, 28403 5e. Telephone no.: 910-452-0001 5f. Fax no.: 910-452-0060 5g. Email address: wfryar@lmgroup.net Page 2 of 12 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 105520716305 Latitude: 33.890282 Longitude: - 78.480793 1 b. Site coordinates (in decimal degrees): (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 6.97 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Unnamed tributary to AIWW; AIWW proposed project: 2b. Water Quality Classification of nearest receiving water: SA; HQW 2c. River basin: Lumber 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 remains mostly undeveloped with one residential home and one workshop present. A pond dug in the early 1970's has been partially filled in order to prevent the undermining of an adjacent live oak tree's roots and to reduce the liability of neighborhood children from falling into the pond or encountering venomous snakes which have recently inhabited the pond. Surrounding land use is primarily residential or undeveloped. 3b. List the total estimated acreage of all existing wetlands on the property: - 2.30 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to restore the pond area back to its natural swale/ ephemeral stream like state, to prevent the undermining of an adjacent live oak tree's roots, and to reduce the liability of neighborhood children from encountering danger near the pond. 3e. Describe the overall project in detail, including the type of equipment to be used: Portions of the unauthorized pond fill will be restored to a natural state by constructing a 20' wide shallow meandering stream shaped to a 1:100 slope (1%) through existing fill material (Figures 6-10). This construction will bring the area back to its natural swale like state prior to the pond construction with the restoration and/or creation of an ephemeral stream and wetland areas. The existing pond area will be drained during construction to avoid sediment erosion into adjacent wetlands. A backhoe or grader will be used in this area to construct the shallow stream. Elevation readings were taken along the length of the project area in order to determine the slope of the proposed stream. It was determined that around two (2) feet of fall will be needed for the approximate 200' of proposed construction. In order to stabilize the newly constructed area, Coastal Bermuda grass (Cynodon dactylon) will be planted along the top banks of the proposed stream along with Wax Myrtles (Morella cerifera) every thirty (30) feet and soft rush (Juncus effuses) along the stream edge. A sediment pond lined with rock will be constructed where the existing dike/berm is located, and will be left in place until the vegetation stabilizes the constructed stream area. Rain and ground water will be allowed to trickle into the sediment pond and through the rock check dams into the unnamed creek. The mouth of the stream will be stabilized before removing/lowering the stones. Page 3 of 12 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 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? Comments: ? Yes ? No ® Unknown 4b. If the Corps made the jurisdictional determination, what type of determination was made? ? Preliminary ? Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 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. 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. Page 4 of 12 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. Type of jurisdiction 2f. Wetland impact 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 ? Yes ? Corps W 1 ? P ? T ? No ? DWQ ? Yes ? Corps W2 ? P ? T ? No ? DWQ ? Yes ? Corps W3 ? P ? T ? No ? DWQ ? Yes ? Corps W4 ? P ? T ? No ? DWQ ? Yes ? Corps W5 ? P ? T ? No ? DWQ ? Yes ? Corps W6 ? P ? T ? No ? DWQ 2g. Total wetland impacts N/A 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. Stream impact 3b. Type of impact 3c. Stream name 3d. Perennial 3e. Type of jurisdiction 3f. Average t 3g. Impact length number - (PER) or (Corps - 404, 10 ream s width (linear Permanent (P) or intermittent (INT)? DWQ - non-404, ther) (feet) feet) Temporary (T) o ? PER ? Corps S1 ? P ? T ? INT ? DWQ ? PER ? Corps S2 ? P ? T ? INT ? DWQ ? PER ? Corps S3 ? P ? T ? INT ? DWQ ? PER ? Corps S4 ? P ? T ? INT ? DWQ ? PER ? Corps S5 ? P ? T ? INT ? DWQ ? PER ? Corps S6 ? P ? T ? INT ? DWQ 3h. Total stream and tributary impacts N/A 3i. Comments: Page 5 of 12 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 Fill Pond 0.157 02 ®P ? T Fill Pond 0.075 03 ?P?T 04 ?P?T 0. Total open water impacts 0.157 4g. Comments: A temporary impact of 0.157 acres will account for the existing 0.108 acres of fill already in place plus an additional 0.049 acres composing the remaining portion of the pond. Once the riparian area of 0.082 acres is restored the permanent impact to Waters of the US will equal 0.075 acres. 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: Page 6 of 12 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? ?Yes 61 ?P?T ? No ?Yes B2 ?P?T ? No ? Yes B3 ? P ? T ? No 6h. Total buffer impacts 6i. Comments: Page 7 of 12 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 owner has avoided and minimized to the maximum extent by draining the remaining water out of the existing pond A 20' wide shallow ephemeral stream nt wetlands d . jace during construction to avoid sediment and erosion runoff into a ssociated wetlands will be constructed within the existing pond fill area and shaped to a 1:100 slope (1 %) to d an a conform to natural landscape elevations. The proposed stream restoration will replace approximately 0.082 acres of the existing 0.157 acre pond area, resulting in a minimal net loss of 0.075 acres of Waters of the U.S. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. By draining the existing water level in the pond, no sediment will be allowed to reach adjacent wetlands. In order to nodon dactylon) will be planted along the top banks of rass (C d B y a g ermu stabilize the newly constructed area, Coastal the proposed stream along with Wax Myrtles (Morelia cerifera) every thirty (30) feet and soft rush (Juncus effuses) along ill b e the stream edge. A sediment pond lined with rock will be constructed where the existing dike/berm is located, and w left in place until the vegetation stabilizes the constructed stream area. 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 ? Mitigation bank 2c. If yes, which mitigation option will be used for this ? Payment to in-lieu fee program project? ® 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: c (`mm-lntn if I Icinn n Permittee Resoonsibie Mitigation Plan Page 8 of 12 PCN Form - Version 1.3 December 10, 2008 Version 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. The owner will be restoring and creating a meandering ephemeral stream system and associated wetlands in place of the existing pond fill which will provide for greater functions than the existing stagnant pond. This restoration/creation will result in - 0.082 acres of riparian wetland area, as well as - 250 linear feet of ephemeral stream channel (See Restoration Plan & Figures 6-10). 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. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 1 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 9 of 12 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No within one of the NC Riparian Buffer Protection Rules? 1b. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes ? No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 1.7% 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Every drainage area has been kept below 24 percent imperviousness 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? N/A ? Phase II ? NSW 3b. Which of the following locally-implemented stormwater management programs ? 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 St t l ? Yes ? No e a or environmental document pursuant to the requirements of the Nationa (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 F-1 Yes ? No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated d d S ® Yes ? No ar s, tan Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland 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): Approximately 0.108 acres of the existing pond has been filled. 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. Existing house has bathrooms that have been in place since 1958. 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? E:1 Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ville ? A h e s 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural Heritage Program Database 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? NOAA EFH Mapper 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? NC Natural Heritage Program Database 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: House was built in 1958 prior to FEMA requirements 8c. What source(s) did you use to make the floodplain determination? www.ncfloodmaps.com Wesley A Fryar 6/17/2009 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12