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HomeMy WebLinkAbout20060366 Ver 1_COMPLETE FILE_20060303 O?QF W ATFRQ Michael F. Easley, Governor 61 William G. Ross Jr., Secretary r- North Carolina Department of Environment and Natural Resources >_ y Q Alan W. Klimek, P.E. Director Division of Water Quality May 8, 2006 DWQ Project # 06-0366 Nash County CERTIFIED MAIL - RETURN RECEIPT REQUESTED Mr. Marty Pittman 389 Instrument Drive Rocky Mount, NC 27804 Subject Property: Indian Branch Sewer Extension . Indian Branch(Compass Creek) [030302,28-72, C, NSW] NOTICE OF WITHDRAWAL Dear Mr. Pittman: On March 3, 2006, the Division of Water Quality (DWQ) received your application, submitted as a courtesy copy dated February 26, 2006 with additional information received April 25, 2006, to impact 2,730 square feet of Zone 1 of the protected riparian buffers and 1,942 square feet of Zone 2 of the protected riparian buffers to construct the project you describe in your application. The impacts you have proposed require written concurrence from the DWQ. Your project is not exempt from the Tar-Pamlico Buffer Rules because the sewer line was not in place -prior to January 1, 2000. Therefore, your permit application is hereby considered withdrawn. Once you have redesigned your project to address the problems and inadequacies with your application as it was submitted, you will need to reapply for DWQ approval. This includes submitting three copies of a complete application package. Please be aware that you have no authorization under 15A NCAC 213.0259 of the Tar- Pamlico Buffer Rules for this activity and any work done within the buffers prior to receiving an authorization from DWQ, would be a violation of North Carolina General Statutes and Administrative Code. Please call Amy Chapman at 919-715-6823 if you have any questions or concerns. Sincerely, Cyn?diKaroly, Supervisor 401 Oversight/Express Review Permitting Unit 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands tai olina f1 !y An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper w Marty Pittman. Page 2 of 2 May 8, 2006 cc: Mike Horan, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office File Copy Central Files Jay Keller, Skelly & Loy, LLP, 6404 Falls of the Neuse Road, Raleigh, NC 27615 Filename: 0603661ndianBranchSewer(Nash) W ithdrawal Skelly and Loy, LLP 6404 Falls of the Neuse Road Suite 103 Raleigh, NC 27615 E-mail: wlyke@skellyloy.com Internet: www.skellyloy.com IQ&t SKELLYAND LOY ENGINEERING ENVIRONMENTAL CONSULTANTS Cyndi Karoly NC Division of Water Quality 401 Wetlands WQ Certification Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Re: Indian Branch Sewer Extension DWQ Project # 06-0366 Nash County Rocky Mount, North Carolina Dear Ms. Karoly: Phone: 919-878-3535 I< Fax: 919-878-3550 April 12, 2006 04'03? p M@ Rr APR 2 5 2006 DENR - VAATER QUALITY WETLANDS 44D STCR?X"" T cR GA?C i We are submitting the additional information requested from written correspondence on March 10, 2006. We are submitting the following Pre- Construction Notification (PCN) for the Indian Branch Sewer Extension in Rocky Mount, NC. We are requesting for NC Division of Water Quality (NCDWQ) written approval under Tar-Pamlico River Buffer Rules 15A NCAC 02B .0261 Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Existing Riparian Buffers. We have addressed your included written comments in the following paragraphs. 1. Buffer Authorization You have proposed to impact 2,730 square feet (ft) of Zone 1 and 1,942 square feet (ft) of Zone 2 of the protected riparian buffer system without first obtaining the proper authorization from the Division of Water Quality for those impacts. In your application dated, February 26, 2006, you stated that, "we are requesting an exemption from the Tar-Pamlico River Buffer Rules since this proposed sewer line was authorized in 1985". Buffer authorizations are only good for five (5) years. In addition, since this sewer line was not in place prior to the Tar-Pamlico Buffer Rules, the sewer line does not qualify as an exemption from the buffer rules as an existing use. Therefore, you must obtain the proper approvals from DWQ prior to commencement of any work in the buffers as described in your application. Office Locations: Harrisburg, PA Pittsburgh, PA Morgantown, WV State College, PA Hagerstown, MD Affiliated Company: AMS of Skelly and Loy, Harrisburg, PA r DWQ Tar R. Buffer Rules Re-Submittal Indian Branch Sewer Extension April 12, 2006 Page 2 of 3 2. Impact Justification (Avoidance and Minimization) Under Section VII of your application you did not provide adequate "justification" for the impacts as requested within this section. Please provide a detailed justification as to why the sewer line can- not be moved or reconfigured to reduce impacts to the buffers. If the sewer line can be moved, resubmit your plan sheets showing the new location of the sewer line and updated impacts to the buffers. We have attached two sets of plans and a 2004 Nash County Aerial for your viewing. (Color) Attachment I illustrates the easements acquired during the initial planning stages in 1985. Also attached are two overlapping 11" x 17" sheets depicting the proposed sewer layout. As illustrated in Attachment II, we were able to renegotiate a new sewer corridor with the landowner west of Fenner Road. This new segment still provides the desired gravity system along with an environmentally friendly placement area. Regarding the area of concern on the east side of Fenner Road, we are requesting for placement of the sewer line in the proposed location. As noted in several locations in Attachment II, the contractor will adhere to strict environmental stewardship and leave the site in equal or better than existing conditions. They will also take photographs for comparison purposes. Existing constraints include an existing sanitary sewer manhole that is the key connection point for this entire project, gravity-driven sewer permit, private property, and topography. Moreover, the riparian area has been previously impacted with an existing six-foot high wood panel fence and the adjacent lawn is being maintained; both of which are exempt due to present and ongoing factors. The requested information on the previous pages and attached documentation listed below should provide the necessary information required to secure written concurrence for impacts to Tar-Pamlico River Buffers for the aforementioned impacts and on the previously submitted PCN Application. If you should have questions or require additional clarification during the review please feel free to contact me immediately at (919)878-3535 (office), (919)749-8259 (cell), or email: jkeller@skellyloy.com. Sincerely, Skelly and Loy Jay Keller Wetland Ecologist J ' DWQ Tar R. Buffer Rules Re-Submittal Indian Branch Sewer Extension April 12, 2006 Page 3 of 3 Cc: Nils Joyner, PLS /)Jichae/ Yer,.A 'V W4? Attachments: Attachment 1 1985 Proposed Sewer Corridor & Easement Attachment II Sanitary Sewer Site Plan: Two 11" x 17" overlapping sheets Attachment 111 2004 Nash County GIS Aerial 1?'f"ti ?`, ?1 ? ,O / ,._.., '.,?`.. -`• 4 1 ? j ?-"y II 5 '"?.. , 111 Cn -'i IF - •? 1? .. iy =-., ?- ?rn+ rL?Er{is Cem .% ^ _,'._•,? / l j f ` `` y -_ \ i r^\??`l`?" ,-f. K >j\.'• q 7r•r 'ads'. r ?cmxy,r if `` I, ti.., w ''' ^"''.-?1'? •.:1 `' ?.. •' L•., 1 '` : tr-r • d4..., 1a 'al 'tf i' ? r r '3'=^'r:tiA ? '\ I? st ti, `? l? : `d _ ? `?,. t`.? °?? i 1 `? t, ? •_ .l` `-?,?_-. _-? ,/---?•l, ???, .wr..,.. t'.-:•- i ... .t-.,'r• ?1? ? 1??:5:. #?\.J ? ?S?•y \`;,r" ?.? `,r,\ s? 5 ;?' ?? ?'? ? ?_? 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Ross Jr., Secretary r- North Carolina Department of Environment and Natural Resources p Alan W. Klimek, P.E. Director Division of Water Quality March 10, 2006 DWQ Project # 06-0366 Nash County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Marty Pittman 389 Instrument Drive Rocky Mount, NC 27804 Subject Property: Indian Branch Sewer Extension Rocky Mount, NC REQUEST FOR MORE INFORMATION Dear Mr. Pittman: On March 3, 2006, the Division of Water Quality (DWQ) received your application dated February 26, 2006, to impact 2,730 square feet (ft) of Zone 1 and 1,942 square feet (ft) of Zone 2 of the protected riparian buffers for the purpose of constructing a sewer line. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed, below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 211.0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Buffer Authorization You have proposed to impact 2,730 square feet (ft) of Zone 1 and 1,942 square feet (ft) of Zone 2 of the protected riparian buffer system without first obtaining the proper authorization from the Division of Water Quality for those impacts. In your application dated, February 26, 2006, you stated that, "we are requesting an exemption from the Tar-Pamlico River Buffer Rules since this proposed sewer line was authorized in 1985". Buffer authorizations are only good for five (5) years. In addition, since this sewer line was not in place prior to the Tar-Pamlico Buffer Rules, the sewer line does not qualify as an exemption from the buffer rules as an existing use. Therefore, you must obtain the proper approvals from DWQ prior to commencement of any work in the buffers as described in your application. 2. Impact Justification (Avoidance and Minimization) Under Section VII of your application you did not provide adequate "justification" for the impacts One N Carolina Naturally 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: http://www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer - 500% Recycled/101% Post Consumer Paper 77_7'? Marty Pittman Page 2 of 2 March 10, 2006 as requested within this section. Please provide a detailed justification as to why the sewer line can- not be moved or reconfigured to reduce impacts to the buffers. If the sewer line can be moved, resubmit your plan sheets showing the new location of the sewer line and updated impacts to the buffers. Please respond within three weeks of the date of this letter by sending this information to me in writing and Mike Horan of the DWQ Raleigh Regional Office. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. John Dorney at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, C PKaroly, upervisor 401 Oversight/Express Review Permits Unit CBK/asc cc: Mike Horan, DWQ Raleigh Regional Office Jay Keller; Skelly and Loy, LP; 6404 Falls of Neuse Road, Suite 103; Raleigh, NC 27615 File Copy Central Files Filename: 060366IndianBranchSewer(Nash)On_Hold No`i Carolina ?tura!!y 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: http://www.ncwaterquality.org An Equal Opportunity/Affirmative Acton Employer -50% Recycled/10% Post Consumer Paper DWQ 06-0366 Indian Branch Sewer Extension Y Subject: DWQ 06-0366 Indian Branch Sewer Extension From: Laurie Dennison <laurieJ.dennison@ncmail.net> Date: Fri, 10 Mar 2006 15:23:29 -0500 To: marty@bunnbrantley.com, "Keller, Jay" <jkeller@skellyloy.com> Please see attached the Division of Water Quality's request for more information related to your recent application. Please note that this message is being forwarded to you electronically so that you may expedite preparation of your response. Please do not send your response as a reply to this e-mail or via fax. The hard copy is being sent via US Mail. All response correspondence is to be mailed via hard copy to the 401 Oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604 unless otherwise noted. Content-Type: application/msword 060366IndianBranchSewer(Nash)On_Hold.doc i Content-Encoding: base64 1 of 1 3/10/2006 3:24 PM DwQ# 206 - 03(4 Plan Detail Incomplete Date D "` Who Reviewed: c^'`?/ l t, ? Please provide a location map for the project. ? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilizaToo the ? Please show all wetland impacts including fill slopes on the site plan. L? o V F1 Please indicate all buffer impacts on the site plan. ?Q c ? Ib Za E] Please indicate proposed lot layout as overlays on the site plan. ? Please indicate the location of the protected buffers as overlays on the site plan. ? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan. \ ? Please provide cross section details showing the provisions for aquatic life passage. ? Please locate any planned sewer lines on the site plan. ? Please provide the location of any proposed stormwater management practices as required by GC ? Please provide detail for the stormwater management practices as required by GC ? Please specify the percent of project imperviousness area based on the estimated built-out conditions. ? Please indicate all stormwater outfalls on the site plan. ? Please indicate the diffuse flow provision measures on the site plan. ? Please indicate whether or not the proposed impacts already been conducted. Avoidance and/or Minimization Not Provided ? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional information as to why it is necessary for this project. ? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the . Please revise the plans to avoid the impacts. ? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the . Please revise the plans to minimize the impacts. ? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because . Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management practices that remove nutrients before the stormwater can be discharged through the buffer. Other ? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please provide $ This additional fee must be received before your application can be reviewed. ? Please complete Section(s) on the application. ? Please provide a signed copy of the application. ? Please provide copies of the application, copies of the site plans and other supporting information. ? Please submit electronic CAD files showing via email to ian.mcmillan@ncmail.net and CD. Mitigation ? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The plan must conform to the requirements in 15 A NCAC 2H.0500 and must be appropriate to the type of impacts proposed. ? Please indicate which 404 Permit the USACE would use to authorize this project. 1@@Ru " MA" ZUO6 ra re a IVA ?Sroir CRAX6 To: US Army Corps of Engineers Raleigh Regulatory Office Attn: Staff 6508 Falls of the Neuse Road Suite 120 Raleigh, North Carolina 27615 From: Jay Keller Skelly and Loy, LLP 6404 Falls of the Neuse Road Suite 103 Raleigh, North Carolina 27615 Re: INDIAN BRANCH SEWER EXTENSION Nash County, North Carolina 1 0 0 00 3 6 6 March 1, 2006 NC Division of Water Quality 401 Oversight and Express Permits Unit Attn: Staff 2321 Crabtree Boulevard Suite 250 Raleigh, North Carolina 27604-2260 On behalf of the applicants, Bishop Properties, please find attached a complete application and supplemental information requesting written concurrence from the North Carolina Division of Water Quality (NCDWQ) that the activities proposed below may precede utilizing General Certificate 3374. Additionally, we are requesting an exemption from the Tar-Pamlico River Buffer Rules since this proposed sewer line was authorized in 1985. Please contact me at (919) 878-3535 or ikeller@skellvloy.com if you have any questions or require any additional information. PROJECT SUMMARY Project Name INDIAN BRANCH SEWER EXTENSION Project Type SEWER LINE EXTENSION Owner / Applicant Mr. Marty Pittman Count Nash Nearest Town Rock Mount Waterbod Name Indian Branch Basin / Sub-basin 03-03-02 Index Number Class NSW IMPACT SUMMARY Stream Impact feet 0 Wetland Impact acres 0 Riparian Buffer Impacts acres 0.11 acre Total Impact to Waters of the U.S. acres 0 Total Stream Impact linear feet 0 Please contact me at (919) 878-3535 if you have any questions or require any additional information. Sincerely, SKELLY AND LW, LLP .Ja` y Keller Wetland Ecologist, Attachments (5 copies): Pre-Construction Notification (PCN) Application Form and Addendum QL Agent Authorization C 4`P45 ltb 4o _ USGS Vicinity Map (? C q Nash County GIS Aerial Detailed Impact Map March 28, 1985 Recorded Easement Map k1_4@190WP=9 MAR' a Zoos Office Use Only: DENR - WATER QUALITY Form Version March 05 WETLVO AND sTMAWATER "'Mcy 0 0 6 0 3 6 6 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ? Section 404 Permit ® Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ? 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 12 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Mr. Marty Pittman Mailing Address: 389 Instrument Drive Rocky Mount, NC 27804 Telephone Number: (252) 977-9111 Fax Number: (252) 977-4065 E-mail Address: mgM2bunnbrantley.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Jay Keller Company Affiliation: Skelly, LLP Mailing Address: 6404 Falls of Neuse Road Suite 103 Raleigh, NC 27615 Telephone Number: (919) 878-3535 Fax Number: (919) 878-3550 E-mail Address: jkeller@skellyloy.com Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Indian Branch Sewer Extension 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 386213046224, 386213046112 4. Location County: Nash Nearest Town: Rocky Mount Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): Site is located behind North Carolina Wesleyan College. The section of Indian Branch Creek involved is just west of the intersection of Cummings and Bishops Roads in northern Rocky Mount. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35° 30.9' ON 78° 19.9' °W 6. Property size (acres): 1.07 acres 7. Name of nearest receiving body of water: Indian Branch (Compass Creek) 8. River Basin: Tar-Pamlico (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Site consists of 2 existing homes within in an established neighborhood. Area is comprised of university, residential, agriculture, and wooded areas. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: The project involves installing a sewer line to provide service to existing and future communities in the surrounding watershed This new sewer line will connect into an existing manhole as seen in Figure 2 To install the sewer outfall a 30-foot easement is required and trenches will be excavated usin a trackhoe The easement will be graded to the pre-existing elevation and seeded with a riparian/wetland seed mixture The channel excavated for the pipe will be V- roximately 3 foot wide A 30 foot temporary easement will be maintained during construction. Upon completion, a 10-foot easement will be maintained for access Equipment to be used includes a Trackhoe and bulldozer (Figure 2). 11. Explain the purpose of the proposed work: The construction of the sewer line will be necessary in providing service to existingi and future communities in the surrounding watershed. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. This sewer line was authorized and recorded March 28, 1995. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. • - -- --+ ;- strictly for Photographs may be included at the applicant's discretion. If this propose Page 7 of 12 ? LL.,ty or" CO L*,P, , wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Provide a written description of the proposed impacts: A sewer main outfall is proposed to be installed Temporary impacts include excavation within the Tar-Pamlico River Buffer Area for placement of the sewer main. Permanent impacts include a ten foot right of way easement placed on top of the existing line for access. No wetlands or waters of the U.S. impacts are proposed. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) ype of Impact of Wetland Type (e.g., forested, marsh, herbaceous, bog, etc.) Located within i 100-year Flo (yes/no) Distance to Stream Nearest (linear feet Area of Impact (acres) Total Wetland Impact (acres) 0 3. List the total acreage (estimated) of all existing wetlands on the property: 0 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multi 1 length X width, then divide by 43,560. Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial t? Intermittent. Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) Total Stream Impact (by length and acreage) 0 0 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma) Name Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ) ocean, etc. Area of Impact (acres) Total Open Water Impact (acres) 0 Page 8 of 12 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0 Total Stream Impact (linear feet): 0 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The proposed impacts are allowable and exempt from Tar-Pamlico River Buffer Rules since they were approved prior to 2001. No impacts to Indian Branch are anticipated and special attention will be placed around the areas where the sewer line approaches the stream. Impacts to wetlands are avoided. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. No mitigation is proposed since this project was approved in 1995. Proposed sewer line will proceed through 2 residential back yards which consist of maintained lawn areas. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/M/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No Page 10 of 12 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ? 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* I Impact I Multiplier I Required ice,,,,.,. ?o.N 1 2,730 3 (2 for Catawba) 8,190 2 1,942 1.5 4,413 Total I 4,672 I I 12,603 * Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B.0242 or .0244, or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed Page 1 I of 12 impervious level. No chan e o ill be employed in order to prevent downstream sed sedimentation im a tseto and erosion control measures w waters or wetlands. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of hets?ubY subject fat the City acility. of Rock Mount Waste Water Treatment Plant. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No ? XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ® No ? If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http•h2o enr state.nc.us/ncwetlands. If no, please provide a short narrative description: Since this project does not require 401 Water Quality Certification or an Isolated Wetland Permit the cumulative impact provisions of these rules are not applicable. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). -a /a?lo6-> Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 BOOK PAGE ; THAT DEEDR. D. BOOK 1 1209209, G JR. PAGE 962 AREA IN PERMANENT EASEMENT / / ' THE RATIO OF PRECISION AS CALCULATED BY LATI- TAX MAP 3882,09, PARCEL 1273 z 15006 SOFT. 0.344 ACRE / / TUDES AND DEPARTURES IS 1: 10, 000+ ¢ 1 ' ' OD AREA IN CONSTRUCTION EASEMENT THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN a 5123 SO.FT. 0.12 ACRE / AS BROKEN LINES PLOTTED FROM INFORMATION H ' / FOUND IN BOOK AS PAGE SHOWN ; N I / / ' THAT THIS MAP WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS MY HAND AND m q / r CAP 7 ?, SEAL THIS ?q DAY OF /,Q?C.?i 4?o4?O?t......??N 1996. w ?e;; G" TfRF•.9, % j !t/QGeat? Cam. K « _= SEAL ? ra 1 m? / I?oAO A!3 ? / / / REGISTERED LAND SURVEYOR ?L-3691 ! e ?• , / Ica ".,?1,••,?S(?a??? 41 30' PERMANENT EASEMENT ?'? ?'••••••''•• 10' CONSTRUCTION EASEMENT R.D. GORHAM. JR. / rrrrppuupttt D.B. 1209 PAGE 982 NORTH CAROLINA TAX MAP 3862.09 PARCEL 1273 N12 53'24'8` HAKE COUNTY 26.70 S $1AREA IN PERMANENT EASETEtff / / TIE LINE) 8404 SOFT. 0.193 ACRE I. A NOTARY PUBLIC OF THE COUNTY AND STATE ' / /Nf2'53'24'M AREA IN CONSTRUCTION EASEMENT ? AFORESAID CERTIFY THAT WALLACE G. CLARK. JR. ?? 2694 SO.FT. 0.06 ACRE REGISTERED LAND SURVEYOR, PERSONALLY APPEARED 31.e9 .E I co BEFORE ME THIS DAY AND ACKNOWLEDGED THE EXECUTION ' N % OF THE FOREGOING INSTRUMENT. WITNESS MY HAND ro AND OFFICIAL STAMP OR SEAL, THIS /'q DAY OF /YJLf? 1996 ;,ANA Lie''-.,R. D. GOAHAM, JR. > ?? I .o ,?? ,•.6? DEED BOOK 1209, PAGE 982 t y J TAX MAP 3862.09. PARCEL 1273 , ?pQ I ru 110TAR -- OTARY PUBLIC E _ ------------- I PUBLIC MY COMMISSION EXPIRES AUG. 1 1998 ?L•?••.,•• •••,,? •C'?.?' _ - - - - - - - ?fnn•* % 1 }?y 120' VEPCO TRANSMISSION LINE EASEMENT r$1r111f I1 ° I, WALLACE G. CLARK, JR. RLS CERTIFY TO ONE OR MORE OF THE sas N3 39? E S 37 19' ,E I - . - - FOLLOWING CIRCLED STATEMENTS: a? ?a• 203 ?' S86•2B'24'M F6' F TO NEM ER4. l CONC. MON. 469.73' A. THAT THIS PLAT IS OF A SURVEY THAT CREATES A SUBDIVISION OF LAND - - - - - - 02.44' ! sa CONC. MON. To EXIST. ESM'11 s• WITHIN THE AREA OF A COUNTY OR MUNICIPALITY THAT HAS AN ORDINANCE CONTROL CORNER JACK A. LAUGHERY THAT REGULATES PARCELS OF LAND. MAP BOOK 20 PG. 205 1 D.B. 1097 PG.477 N• 624544.174 EXIVING M.H. B. THAT THIS PLAT IS OF A SURVEY THAT IS LOCATED IN SUCH PORTION OF E•2360550.637 EXISTING 30' SANITARY SEWER EASEMENT A COUNTY OR MUNICIPALITY THAT IS UNREGULATED AS TO AN ORDINANCE NAD83 RECORDED MAP BOOK 20 PAGE 122 THAT REGULATES PARCELS OF LAND. C. THAT THIS PLAT IS OF A SURVEY OF AN EXISTING PARCEL OR PARCELS OF LAND. DO THAT THIS PLAT IS OF A SURVEY OF ANOTHER CATEGORY, SUCH AS THE 100' 50' 0' 100' 200' RECOMBINATION OF EXISTING PARCELS, A COURT-ORDERED SURVEY OR OTHER LEGEND EXCEPTION TO THE DEFINITION OF SUBDIVISION. - --- E. THAT THE INFORMATION AVAILABLE TO THIS SURVEYOR IS SUCH THAT I PERMANENT EASEMENT ANNEXATION AREA 2 BAR SCALE-1"= 100' AM UNABLE TO MAKE A DETERMINATION TO THE BEST OF MY PROFESSIONAL - - - " PROPERTY LINE NOT SURVEYED ABILITY AS TO PROVISIONS CONTAINED IN (A) THROUGH (D) ABOVE. PROPERTY LINE SURVEYED REVISIONS DESCRIPTION SEWER LINE EASEMEN' CONCRETE MONUMENT ND. DATE NO. DATE / o EXISTING IRON PIPE 1 03=28-95 R.D. GORHAM, JR. REGISTERED LAND SURVEYOR L- 3691 0 NEW IRON PIPE WALTER THARRINGTON,III & NORA THA ? COMPUTED POINT DATE; FEBRUARY 1. 1995 SCALE: RECORDED IN MAP BOOK PAGE 0 EXISTING PK NAIL DRAWN BY: CHECKED BY: MqR ? Zoo 6 PROPOSED BUFFER IMPACTS 1 1194 SQ. FT. (0.027 AC.) 2 2730 SQ. FT. (0.063 AC.) 3 1748 SQ. FT. (0.040 AC.) MAR 3 2Q06 OC ,R . WATER 4 MAR yWew EXISTING STREAM BANK ZONE 1 (30-FOOT STREAM BUFFER) ZONE 2 (WOOT STREAM BUFFER) `Y EXISTING SEWER LINE AND MANHOLE SEWER LINE EASEMENT PROPOSED SEWER LINE --- - APPROXIMATE PROPERTY LINE SKELLY and LOY, LLP I FEB. 2006 1 FIGURE 2 TAR-PAMLICO RIVER BUFFER IMPACT MAP Indian Branch Sewer Extension Bishop Properties Rocky Mount, Nash County, North Carolina Scale: 1 " = 40' 1 Project No. 2604040 ® 22- November 17, 2004 TO: Skelly and Loy, LLP 6404 Palls of Neuse Rd. Raleigh, North Carolina 27615 PROM: Marty Pittman Bishop Properties, LLC 399 Instrument ®r Rocky Mount, NC 27804 (252) 977-9119 Re: Villas at Wesleyan Subdivision I, Marty Pittman , as a representative concerning the property at the intersection of Cummings & Bishops Roads in Rocky Mount NC , do hereby authorize and give permission for Skelly and Loy to represent or act as agent on our behalf and allow the COE or any other regulatory agency to go on the property with an Skelly and Loy representative for such purposes necessary to perform the job tasks. lot r Ye L t; 9+ V.. - z At .t `\. •���� �. \ F • `.. "may` w' IL .4 u ref ���. �. ?r �' # - r t x ', �. ��. • y _ 10M @ 9 an 19 4 MAR 3 2006 y?I,pNpSANDST=ATERBRANCH Form Version March OS Office Use Only: AT U 2rt 036 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ? Section 404 Permit ® Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ? 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 12 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Mr. Marty Pittman Mailing Address: 389 Instrument Drive Rocky Mount NC 27804 Telephone Number: (252) 977-9111 Fax Number: (252) 977-4065 E-mail Address: martykbunnbrantley com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Jay Keller Company Affiliation: Skelly & Loy LLP Mailing Address: 6404 Falls of Neuse Road, Suite 103 Raleigh NC 27615 Telephone Number: (919) 878-3535 Fax Number: (919) 878-3550 E-mail Address: jkellerna skellyloy com Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Indian Branch Sewer Extension 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 386213046224.386213046112 4. Location County: Nash Nearest Town: Rocky Mount Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): Site is located behind North Carolina Wesleyan College The section of Indian Branch Creek involved is just west of the intersection of Cummings and Bishops Roads in northern Rocky Mount. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35° 30.9' ON 78° 19.9' °W 6. Property size (acres): 1.07 acres 7. Name of nearest receiving body of water: Indian Branch (Compass Creek) 8. River Basin: Tar-Pamlico (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at httL://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Site consists of 2 existing homes within in an established neighborhood Area is comprised of university, residential agriculture and wooded areas. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: The project involves installing a sewer line to provide service to existing and future communities in the surrounding watershed This new sewer line will connect into an existing manhole as seen in Fijzure 2 To install the sewer outfall a 30-foot easement is required and trenches will be excavated using a trackhoe The easement will be graded to the pre-existing elevation and seeded with a riparian/wetland seed mixture The channel excavated for the pipe will be approximately Moot wide A 30-foot temporary easement will be maintained during construction Uion completion a 10-foot easement will be maintained for access. Equipment to be used includes a Trackhoe and bulldozer. (Figure 2). 11. Explain the purpose of the proposed work: The construction of the sewer line will be necessary in providing service to existing and future communities in the surrounding watershed. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. This sewer line was authorized and recorded March 28, 1995. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. Nn_ VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for Page 7 of 12 wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: A sewer main outfall is proposed to be installed Temporary impacts include excavation within the Tar-Pamlico River Buffer Area for placement of the sewer main Permanent impacts include a ten foot right of way easement placed on tov of the existing line for access. No wetlands or waters of the U.S. impacts are proposed. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, cenarately list impacts due to both structure and floodina. Wetland Impact Site Number (indicate on map) J Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain ( es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) Total Wetland Impact (acres) 0 3. List the total acreage (estimated) of all existing wetlands on the property: 0 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number (indicate on ma) Stream Name Type of Impact Intermittent. Perennial Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) Total Stream Impact (by length and acreage) 0 0 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill- excavation- dredging. floodina. drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) 0 Page 8 of 12 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0 Total Stream Impact (linear feet): 0 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The proposed impacts are allowable and exempt from Tar-Pamlico River Buffer Rules since they were approved prior to 2001 No impacts to Indian Branch are anticipated and special attention will be placed around the areas where the sewer line approaches the stream Impacts to wetlands are avoided. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at hLtp://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. No mitigation is proposed since this project was approved in 1995 Proposed sewer line will proceed through 2 residential back yards which consist of maintained lawn areas. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/M/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes El No Page 10 of 12 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? X. 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ? 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multiuliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 2,730 3 (2 for Catawba) 8,190 2 1,942 1.5 4,413 Total 4,672 12,603 * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed Page 11 of 12 revent downstream proposed, _Approp im acts to impervious level. No Chan a or increase to ed in order surfang. area is and erosion control measures will be em waters or wetlands. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacityoftesubject f cilty. P n treated at the CAY of Rock Mount Waste Water Treatment Plant. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No ? XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ® No ? If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at htt p//h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Since this project does not re uire 401 Water ualit Certification or an Isolated Wetland Permit the cumulative impactprovisions of these rules are not applicable. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). a/a??oG Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 MARI DENR - WATFR alk, 1, *? AND S%jj,?VATER BRANu, PROPOSED BUFFER IMPACTS 1 1194 SQ. FT. (0.027 AC.) 2 2730 SQ. FT. (0.063 AC.) 3 1748 SQ. FT. (0.040 AC.) EXISTING STREAM BANK ZONE 1 (30-FOOT STREAM BUFFER) •--.•.• ZONE 2 (50-FOOT STREAM BUFFER) EXISTING SEWER LINE AND MANHOLE SEWER LINE EASEMENT PROPOSED SEWER LINE -- - APPROXIMATE PROPERTY LINE SKELLY and LOY, LLP I FEB. 2006 1 FIGURE 2 TAR-PAMLICO RIVER BUFFER IMPACT MAP Indian Branch Sewer Extension Bishop Properties Rocky Mount, Nash County, North Carolina Scale: 1 " = 40' Project No. 2604040 83A LU November 17, 2004 TO: Skelly and Loy, LL P 6404 Falls of Neuse Rd. Raleigh, North Carolina 27615 FROM: Marty Pittman Bishop Properties, LLC 399 Instrument ®r Rooky Mount, NC 27804 (252) 977-9111 Re; Villas at Wesleyan Subdivision 1, Marty Pittman , as a representative concerning the property at the intersection of Cummings & BishoRs Roads in Rocky Mount. NC . do hereby authorize and give permission for Skelly and Loy to represent or act as agent on our behalf and allow the COE or any other regulatory agency to go on the property with an Skelly and Loy representative for such purposes necessary to perform the job tasks. BOOK PAGE THAT THE RATIO OF PRECISION AS CALCULATED BY LATI- TUDES AND DEPARTURES IS 1:10,000+ THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN AS BROKEN LINES PLOTTED FROM INFORMATION FOUND IN BOOK . AS PAGE SHOWN ; THAT THIS MAP WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS MY HAND AND SEAL THIS Z l? AK DAY OF 1996. / REGISTERED LAND SURVEYOR L-3691 NORTH CAROLINA WAKE COUNTY I. A NOTARY PUBLIC OF THE COUNTY AND STATE AFORESAID CERTIFY THAT _WALLACE 6. CLARK, JR. REGISTERED LAND SURVEYOR, PERSONALLY APPEARED BEFORE ME THIS DAY AND ACKNOWLEDGED THE EXECUTION OF THE FOREGOING INSTRUMENT. WITNESS MY HAND AND OFFICIAL STAMP OR SEAL, THIS DAY OF &_Aqrg&" 1996 , /NOTARY PUBLIC CA MY COMMISSION EXPIRES AUG. 1 1998 I WALLACE G. CLARK, JR. RLS CERTIFY TO ONE OR MORE OF THE FOLLOWING CIRCLED STATEMENTS: A. THAT THIS PLAT IS OF A SURVEY THAT CREATES A ,SUBDIVISION OF LAND WITHIN THE AREA OF A COUNTY OR MUNICIPALITY THAT HAS AN ORDINANCE THAT REGULATES PARCELS OF LAND. B. THAT THIS PLAT IS OF A SURVEY THAT IS LOCATED IN SUCH PORTION OF A COUNTY OR MUNICIPALITY THAT IS UNREGULATED AS TO AN ORDINANCE THAT REGULATES PARCELS OF LAND. 11. U, 12UHMAM, JH. DEED BOOK 1209, PAGE 982 TAX MAP 3862,09, PARCEL 1273 a m a H '?IwtlllliltJtt t z/ ' ?(?'Tf & 11 SEAS . r L-3691 r' . °••0u 30' PERMANENT EASEMENT ••••? Q` o? 10 CONSTRUCTION EASEMENT AREA IN PERMANENT EASEMENT ° ° t ` 15006 SQ,FT. 0.344 ACRE i AREA IN CONSTRUCTION EASEMENT / 5123 SQ.FT. 0.12 ACRE / 1 Mfr :. A / cP ? R.D. GORHAM, JR. D.B. 1209-PAGE 982 /.4yy9'? ° TAX MAP 3862.09 PARCEL 1273 /.01, / // ???+'`?A ??''i?t,? R. D. GORHAM, JR. ,?°.•••••••.S45kDEED BOOK 1209, PAGE 982 TAX MAP 3862.09, PARCEL 1273 09 NOTAR?•; i Atlgtle l ,r . C. THAT THIS PLAT IS OF A SURVEY OF AN EXISTING PARCEL OR PARCELS OF LAND. O THAT THIS PLAT IS OF A SURVEY OF ANOTHER CATEGORY, SUCH AS THE RECOMBINATION OF EXISTING PARCELS, A COURT-ORDERED SURVEY OR OTHER EXCEPTION TO THE DEFINITION OF SUBDIVISION. E. THAT THE INFORMATION AVAILABLE TO THIS SURVEYOR IS SUCH THAT I AM UNABLE TO MAKE A DETERMINATION TO THE BEST OF MY PROFESSIONAL ABILITY AS TO PROVISIONS CONTAINED IN (A) THROUGH (D) ABOVE. .. M. LV • v: REGISTERED SURVEYOR L- 3691 / -(TIE LINE) . "N12-53'2A'W N *47'48•E 31.98• r. o !Id' __w_ CONC. -NM_. TO EWX XIS T T ESM'A CONTROL CORNER , NAP BOOK 20 PG. 205 y N- 824544.174 EXISTING M.H. E• 2360550.637 NAD 83 LEGEND ?- - ••-- PERMANENT EASEMENT PROPERTY LINE NOT SURVEYED PROPERTY LINE SURVEYED o CONCRETE MONUMENT EXISTING IRON PIPE 0 NEW IRON PIPE AREA IN PERMANENT EASEMENT 8404 SO. FT. 0.193 ACRE I AREA IN CONSTRUCTION EASEMENT 2694 SQ.FT. 0.06 ACRE i M ti'A" EW I N <p I p r ?-„-,,.,. ,.-.?...?.... .. .. .. .....?....-.-'`"C"AI cxeCMFNT I ' I I SWL,8'24•W l_ .. •-?"--"" CONC. MON. 469.73' JACK A. LAUGHERY D.B. 1097 PG.477 EXISTING 30' SANITARY SEWER EASEMENT RECORDED MAP BOOK 20 PAGE 122 ANNEXATION AREA 2 100' 50' 0' 100 200' BAR SCALE-1"= 100' REVISIONS DESCRIPTION SEWER LINE EASEMEN' NO. DATE NO. DATE R.p. GORHAM, JR. 1 03=28-95 WALTER THARRINGTON,III 6 NORA THA 120' VEPCO TRANSMASSIONE ® COMPUTED POINT PATE; FEBRUARY 1, 1„9955 SCALE: 1 m RECORDED IN MAP BOOK PAGE ® EXISTING PK NAIL DAWN BY: CHECKED BY: MAR g 20b6 -...qn, 0 D AAAh? n '"'"R [006 Office Use Only: DV-WATER QUALITY Form Version March 05 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing Check all of the approval(s) requested for this project: ? Section 404 Permit ® Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ? 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 12 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Mr. Marty Pittman Mailing Address: 389 Instrument Drive Rocky Mount, NC 27804 Telephone Number: (252) 977-9111 Fax Number: (252) 977-4065 E-mail Address: marty-(a),bunnbrantley.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Jay Keller Company Affiliation: Skelly, LLP Mailing Address: 6404 Falls of Neuse Road, Suite 103 Raleigh, NC 27615 Telephone Number: (919) 878-3535 Fax Number: (919) 878-3550 E-mail Address: jkeller&skellyloy.com Page 5 of 12 A III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Indian Branch Sewer Extension 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 386213046224, 386213046112 4. Location County: Nash Nearest Town: Rocky Mount Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): Site is located behind North Carolina Wesleyan College. The section of Indian Branch Creek involved is just west of the intersection of Cummings and Bishops Roads in northern Rocky Mount. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35° 30.9' ON 78° 19.9' °W 6. Property size (acres): 1.07 acres 7. Name of nearest receiving body of water: Indian Branch (Compass Creek) 8. River Basin: Tar-Pamlico (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/mgps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Site consists of 2 existing homes within in an established neighborhood. Area is comprised of university, residential, agriculture, and wooded areas. Page 6 of 12 a 10. Describe the overall project in detail, including the type of equipment to be used: The project involves installing a sewer line to provide service to existing and future communities in the surrounding watershed. This new sewer line will connect into an existing manhole as seen in Figure 2. To install the sewer outfall, a 30-foot easement is required and trenches will be excavated using a trackhoe. The easement will be graded to the pre-existing elevation and seeded with a riparian/wetland seed mixture. The channel excavated for the pipe will be approximately 3-foot wide. A 30-foot temporary easement will be maintained during construction. Upon completion, a 10-foot easement will be maintained for access. Equipment to be used includes a Trackhoe and bulldozer. (Figure 2). 11. Explain the purpose of the proposed work: The construction of the sewer line will be necessary in providing service to existing and future communities in the surrounding watershed. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. This sewer line was authorized and recorded March 28, 1995. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for Page 7 of 12 wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: A sewer main outfall is proposed to be installed. Temporary impacts include excavation within the Tar-Pamlico River Buffer Area for placement of the sewer main. Permanent impacts include a ten foot right of way easement placed on top of the existing line for access. No wetlands or waters of the U.S. impacts are proposed. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and floodin . Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain (yes/no) Distance to Nearest Stream linear feet) Area of Impact (acres) Total Wetland Impact (acres) 0 3. List the total acreage (estimated) of all existing wetlands on the property: 0 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multi 1 length X width, then divide b 43,560. Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial Intermittent? t' Average Stream Width Before Impact Impact Length linear feet) Area of Impact (acres) Total Stream Impact (by length and acreage) 0 0 Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) 0 Page 8 of 12 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0 Total Stream Impact (linear feet): 0 VII. 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Impact Justification (Avoidance and Minimization) Expected pond surface area: Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The proposed impacts are allowable and exempt from Tar-Pamlico River Buffer Rules since they were approved prior to 2001 No impacts to Indian Branch are anticipated and special attention will be placed around the areas where the sewer line approaches the stream. Impacts to wetlands are avoided. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. watering, irrigation, aesthetic, trout pond, Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. No mitigation is proposed since this project was approved in 1995. Proposed sewer line will proceed through 2 residential backyards which consist of maintained lawn areas. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http:Hh2o.enr.state.nc.us/yn/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No Page 10 of 12 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? X. 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No E] Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ? 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 2,730 3 (2 for Catawba) 8,190 2 1,942 1.5 4,413 Total 4,672 12,603 * Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. discuss what type of mitigation is proposed (i.e., Restoration / Enhancement, or Payment Riparian Buffer Restoration Fund). Please attach all appropriate information as within 15A NCAC 2B .0242 or .0244, or .0260. 3. If buffer mitigation is required, please Donation of Property, Riparian Buffer XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed into the identified Page 11 of 12 riate se diment impervious level. No than a or increase der torf revent downstreamsedimentation impact s to and erosion control measures will be em12 to ed in o waters or wetlands. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available o capacity 'o, thhe, etsubject facility. of Rock Mount Waste Water Treatment Plant. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No ? XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ® No ? If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http //h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Since this project does not require 401 Water Quality Certification or an Isolated Wetland Permit the cumulative impact provisions of these rules are not applicable. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 'BOOK PAGE ; THAT THE RATIO OF PRECISION AS CALCULATED BY LATI- TUDES AND DEPARTURES IS 1:10,000+ THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN AS BROKEN LINES PLOTTED FROM INFORMATION FOUND IN BOOK AS PAGE SHOWN THAT THIS MAP WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS MY HAND AND 4 S?0% t01?aRlrrr7j?i I + DAY OF -lW,4fC.W SEAL THIS Iq A ORt "•••.? IN 4 .?? 1996. 'ry1$lEj??O 9 r SEAL = -3691 REGISTERED LAND SURVEYOR L-3691 - Q ; , •c• V ? T7 I /? V ? • C N C1 FG %%- . . r+rqu{{null NORTH CAROLINA WAKE COUNTY I. A NOTARY PUBLIC OF THE COUNTY AND STATE AFORESAID CERTIFY THAT WALLACE G. CLARK. JR. REGISTERED LAND SURVEYOR, PERSONALLY APPEARED BEFORE ME THIS DAY AND ACKNOWLEDGED THE EXECUTION OF THE FOREGOING INSTRUMENT. WITNESS MY HAND FICIA TAMP SEAL, THIS f9 D ? ,j1A L M-4 DA Y OF 1996 0?? 1- . . ? r • 110TARY OTARY PUBLIC `c = PUBLIC MY COMMISSION EXPIRES AUG. 1 1996 ,?'v, ?L•?'•.••••••?•,.•' C•?.?' t` ` ++r+!lllUlllll? I. WALLACE G. CLARK, JR. RLS CERTIFY TO ONE OR MORE OF THE FOLLOWING CIRCLED STATEMENTS A. THAT THIS PLAT IS OF A SURVEY THAT CREATES A SUBDIVISION OF LAND WITHIN THE AREA OF A COUNTY OR MUNICIPALITY THAT HAS AN ORDINANCE THAT REGULATES PARCELS OF LAND. B. THAT THIS PLAT IS OF A SURVEY THAT IS LOCATED IN SUCH PORTION OF A COUNTY OR MUNICIPALITY THAT IS UNREGULATED AS TO AN ORDINANCE THAT REGULATES PARCELS OF LAND. R. D. GORHANI, JR. DEED BOOK 1209, PAGE 982 TAX MAP 3362.09. PARCEL 1273 30' PERMANENT EASEMENT- 10' CONSTRUCTION EASEMENT R. D. GOAHAM, JR. DEED BOOK 1209. PAGE 982 TAX MAP 3852.09, PARCEL 1273 C. THAT THIS PLAT IS OF A SURVEY OF AN EXISTING PARCEL OR PARCELS OF LAND. O THAT THIS PLAT IS OF A SURVEY OF ANOTHER CATEGORY, SUCH AS THE RECOMBINATION OF EXISTING PARCELS, A COURT-ORDERED SURVEY OR OTHER EXCEPTION TO THE DEFINITION OF SUBDIVISION. E. THAT THE INFORMATION AVAILABLE TO THIS SURVEYOR IS SUCH THAT I AM UNABLE TO MAKE A DETERMINATION TO THE BEST OF MY PROFESSIONAL ABILITY AS TO PROVISIONS CONTAINED IN (A) THROUGH (D) ABOVE. REGISTERED LAND SURVEYOR L- 3691 RECORDED IN MAP BOOK PAGE -_ / / "(TIE LINE) N56.47'48•E 3 99 1 1 y? S -Y--92.44- CONC. MON. TO EXIST. ESN'T1 CONTROL CORNER MAP BOOK 20 PG. 205 N• 824544.174 EXISTING M.H. E- 2360550.637 NAD 83 sas' 1 AREA IN PERMAtr'ENT EASEi:FJlT 8404 SO.FT. 0.193 ACRE AREA IN CONSTRUCTION EASEMENT D 2694 SO.FT. 0.06 ACRE t CO 0 v ??Q I o S?pQ t o Ln 120' VEPCO TRANSMISSION LINE EASEMENT t I ? 11 , t 40 re • I S86'28'24 'w - 73' CONC. NON. 469. JACK A. LAUGHERY D.B. 1097 PG.477 EXISTING 30' SANITARY SEWER EASEMENT RECORDED MAP BOOK 20 PAGE 122 100' 50' 0' 100' 200' LEGEND - PERMANENT EASEMENT ANNEXATION AREA 2 BAR SCALE-1" = 100' - - - - ^ PROPERTY - LINE NOT SURVEYED PROPERTY LINE SURVEYED REVISIONS DESCRIPTION SEWER LINE EASEMEN' o CONCRETE MONUMENT NO. DATE NO. DATE R.D. GORHAM, JR. o EXISTING IRON PIPE i 03-28-SS 0 NEW IRON PIPE WALTER THARRINGTON, III 6 NORA THA COMPUTED POINT DATE: FEBRUARY 1. 1995 SCALE: 1 ` 0 EXISTING PK NAIL DRAWN BY: CHECKED BY: U a CD a H Z H IVA N? AREA IN PERMANENT EASEMENT ,' I9 1 15005 SOFT. 0.344 ACRE ;l / AREA IN CONSTRUCTION EASEMENT , / 5123 SO.FT. 0.12 ACRE / 00, i /' 60 .' A-141, Y I ' oPO Rh?O / , - ' "691 sco -Y v e, R.D. GORHAM. JR. D.B. 1209,PAGE 982 ,eA TAX MAP 3852.09 PARCEL 1273 100, 111 It 1-7 l - ?` / ? 4>` •}I , _ \ '.. ..\ ? '` ? 1 u ' 1 X30 - 1\. ?, d J +,J !` - _ • t'•?r_ " r? ° i ' t r\_e ,yo ±1 ilr -J _` ?? 1!1?-'3? : - .,,;t? ? ?---+,i? •iLvf6 Clem f °f 1641 s,,'Y -•?--? 4 ??? i o ! ^5 A\ t'\?'` ?' ' id6. 3 k_? ?` ?» •~_? ` I?At' i•t ??tt:., ` l-ti _•?'?? =a .•1 f ?" ? ? ? i..'_ ,?- _ - v I _ ?,, ?_,.;^-' ??' ;. ," ? •-wit 1 L,? all- 1 ? ?•-?? -?? 1 '? r ?'• _ `,.?.. 0? =i ..?" '•?\ ` ' ?•?'ei ...-" ; ? : j1'? 1 ? ,?,'.•?'. ? -? ? ',1. °-+?•i?.+? ? , 5 'CS `?"??T-.;,.,'fie ? ??-r t ` T f 4 ? ! -.e:,`\ -'? :? x130" ,..?: ?tia???.,• ? ?? % ;i )1t f ?'`? ?-e."/f?` `•t o)?"?' ? •1_',?--.i i i ?j /?{ i •- -? .?• yY= ..' -I r .'-•.`' ?'•'.-•`'?\•? 1 1 ., '` 127 YV fiK,p ?? •?' ..?.sf ? L' -= ? ? °• ,?? ?..?. ?r ?- ? i ,;ice} ? ? s ?'?? Aasr?' • "'? t ? I 1,•?v' `'`ti? 11 'M•. i?"? r' ?^ Fl -1J \...s-..r-• 1 Y¢• r} f ; 1 ti"•i' s`'. ?( j + 1 r? ?.?? ?O_/ ,/y" J? `? r, 1L /-` _? ...1; `J ?` 1 f ?? M r30- ? I' t -•`? '_J ,`?I ,J 11(`x• ??b,1:3'=jna",? ti._?? k?w y •I y .r'..?=• 1 `.?. :. :.i;±±r+s+:,? ? s•?` .,`J ? ' _?, ? tl/•, f.--? 4' .? !3#?-? .,?_? r,• tea= a•= S. 'Ali j, 136 \til; 3a?. X.? y 4 - ''??a--ti.e:\--' NORTH CAROLINA Y s y ?t ! 1 t? 4 '• 3 1 ESLZYA14 COGLSG `'`mss d "r ti.+ f 1 (j C t ?t - ?. ?\ 4 ` , i i ? 1 ? s •!33 ?'aT • `_. I .r " _ lip 'r j'• '/ i!;' ('i`,y , r r r 7 I{?`???`s j 1 1 rat _ M ?1 e- I v _ l) % I. / i /,,,F ?1 t t r lr ..'ii tl 1 i ,{ .a i rNlllll Bf of t ons + j ,y0i.., J r ` ?..f ( .f '••.N'r/ ' t -_?i/ ,N j '••9"}7 OPOS6d iy?i 4 ',.?! I {-' :_.r 1? ,. q` ?. ! J M t-'? r c ??? i /' i?6? ?• `? ,fJ s j? ,ltlfs O_. _ .A? ? ,. f ? I`•%?•? _ ! rti2p C" ?` I { ? ? ? ..'. J ? ry ?`?. .b Zia .? % j (/ ! /" I l Jl' ^ . •? -,.? 1 • f,.._. ?; ry f i`? 1 , ? ' ?ti° - ? ' f,'.-?-? I ? •\ r •' StM r f'i. ? • ? ? 'Alp ~ 4 +i .?.:•? r j 3i - . ` - - I? t`-* ` J t Fcu?,t+eae t -. ".. L",`3 l .. / 9 /•'? ti.. ? : ? fit` ?t i+ ?? ?. `..1 ? ? ?.l ?' ??,; ? ? ??? ? ti o . r , 3 -'_•?r-° _a a a r"mil, -,• ` ._ •L ! Q ^ ? ! « ?-? ??• s' ? r - - ? ?'?? .? , `-;•? 'r, . e /,?? ?Cl "! ? it ? ' N ° it -?_? ?: .a ', •`?. _ 1 r...., r?? ?:? .? ?? ?y?£' `t? ?? ?,:..Y: l? ?(?r? `? ?`I ;j?xY rr ll2l?-Z'm'-?-:1 .? J?,s- ,?-y._?? y? f it a= - ?F'3 ?t IBS ,' i 1? *--++ ?' 1 • K `1]?ps ., n c 1 !r ! 4• ? 'Pt ;? r 4 tti. ?, S y ' .tvlol ?f 1 ?. ?:c-'? ? d- ^ .i• 3-D?speQo6 Gl3r* 0 19!!DeLwsYatimmt14?IE6M9i SmeDah IISGS ?? iND Scale: 1::4001 Desalt M1 Dxm-WGSM OPO •'`\ PROPOSED BUFFER IMPACTS 1 1194 SQ. FT. (0.027 AC.) 2 2730 SQ. FT. (0.063 AC.) O ??Go 3 1748 SQ. FT. (0.040 AC.) %I i EXISTING STREAM BANK SKELLY and LOY, LLP FEB. 2006 FIGURE 2 ZONE 1 (30-FOOT STREAM BUFFER) TAR-PAMLICO RIVER ZONE 2 (50-FOOT STREAM BUFFER) BUFFER IMPACT MAP v> EXISTING SEWER LINE AND MANHOLE Indian Branch Sewer Extension SEWER LINE EASEMENT Bishop Properties Rocky Mount, Nash County, North Carolina PROPOSED SEWER LINE -- APPROXIMATE PROPERTY LINE Scale: 1 = 40' Project No. 2604040 V@llOwl9 p MAR' 3 2006 ovILL 17, 2004 TO: Skelly and Loy, LLP 6404 Falls of Neuse Rd. Raleigh, North Carolina 27615 FROM: Marty Pittman Bishop Properties, LLC 359 Instrument ®r Rocky Mount, NC 27904 (252) 977-9111 Re: Villas at Wesleyan Subdivision 1, Marty Pittman , as a representative concerning the property at the intersection of Cummings & Bishops Roads in Rocky Mount NC . do hereby authorize and give permission for Skelly and Loy to represent or act as agent on our behalf and allow the COE or any other regulatory agency to go on the property with an Skelly and Loy representative for such purposes necessary to perform the job tasks. QR@NV91 ?-MAR 3 2006 Office Use Only: E)ENR-WATER AABTY Form Version March 05 WULAWSANDST a 0 t C, 5 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ? Section 404 Permit ® Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ? 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 12 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Mr. Marty Pittman Mailing Address: 389 Instrument Drive Rocky Mount NC 27804 Telephone Number: (252) 977-9111 Fax Number: (252) 977-4065 E-mail Address: martygbunnbrantley.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Jay Keller Company Affiliation: Skelly & Loy, LLP Mailing Address: 6404 Falls of Neuse Road Suite 103 Raleigh NC 27615 Telephone Number: (919) 878-3535 Fax Number: (919) 878-3550 E-mail Address: jkeller skellyloy.com Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Indian Branch Sewer Extension 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 386213046224. 386213046112 4. Location County: Nash Nearest Town: Rocky Mount Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): Site is located behind North Carolina Wesleyan College. The section of Indian Branch Creek involved is just west of the intersection of Cummings and Bishops Roads in northern Rocky Mount. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35° 30.9' ON 78° 19.9' °W 6. Property size (acres): 1.07 acres 7. Name of nearest receiving body of water: Indian Branch (Compass Creek) 8. River Basin: Tar-Pamlico (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Site consists of 2 existing homes within in an established neighborhood Area is comprised of university, residential agriculture, and wooded areas. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: The project involves installing a sewer line to provide service to existing and future communities in the surrounding watershed. This new sewer line will connect into an existing manhole as seen in Figure 2. To install the sewer outfall, a 30-foot easement is required and trenches will be excavated using a trackhoe. The easement will be graded to the pre-existing elevation and seeded with a riparian/wetland seed mixture. The channel excavated for the pipe will be approximately 3-foot wide. A 30-foot temporary easement will be maintained during construction. Upon completion, a 10-foot easement will be maintained for access. Equipment to be used includes a Trackhoe and bulldozer. (Figure 2). 11. Explain the purpose of the proposed work: The construction of the sewer line will be necessary in providing service to existing and future communities in the surrounding watershed. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. This sewer line was authorized and recorded March 28, 1995. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for Page 7 of 12 wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: A sewer main outfall is proposed to be installed. Temporary impacts include excavation within the Tar-Pamlico River Buffer Area for placement of the sewer main. Permanent impacts include a ten foot right of way easement placed on top of the existing line for access. No wetlands or waters of the U.S. impacts are proposed. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain ( es/no) Distance to Nearest Stream linear feet) Area of Impact (acres) Total Wetland Impact (acres) 0 3. List the total acreage (estimated) of all existing wetlands on the property: 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) Total Stream Impact (by length and acreage) 0 0 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) 0 Page 8 of 12 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0 Total Stream Impact (linear feet): 0 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The proposed impacts are allowable and exempt from Tar-Pamlico River Buffer Rules since they were approved prior to 2001 No impacts to Indian Branch are anticipated and special attention will be placed around the areas where the sewer line approaches the stream. Impacts to wetlands are avoided. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/newetlands/strmizide.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. No mitigation is proposed since this project was approved in 1995. Proposed sewer line will proceed through 2 residential back yards which consist of maintained lawn areas. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wry/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No Page 10 of 12 BOOK PAGE THAT R. 0. UORHAM, JR. ------- ' '-° -- - / " DEED BOOK 1209, PAGE 982 s AREA IN PERMANENT EASEMENT / THE RATIO OF PRECISION AS CALCULATED BY LATI- TAX MAP 3362.09, PARCEL 1273 a ?? 4 15005 SG.FT. 0.344 ACRE TUDES AND DEPARTURES IS 1: 10, 000+ / co AREA IN CONSTRUCTION EASEMENT THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN a 5123 SO.FT, 0.12 ACRE / AS BROKEN LINES PLOTTED FROM INFORMATION FOUND IN BOOK AS PAGE SHOWN THAT THIS MAP WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS MY HAND AND 4- !m Cl ?'' SEAL THIS ,?, DAY OF ?ARpj?ti4??I?d 1996. r = , 0 3? hl SEAT n ' • L-3691 jJam.. / / • / REGISTERED LAND SURVEYOR L-3691 r ?•Sj Q? 30 PERMANENT EASEMENT li 11 h / ., !, • OSURI •.,?.t 4" ?''QC?••••''??Q.`' 10' CONSTRUCTION EASEMENT <?2 , R.D. GORHAM. JR. G'CLtti%%% D. B. 1209 PAGE 982 NORTH CAROLINA / e'; / TAX MAP 3362.09 PARCEL 1273 WAKE COUNTY N126.704•w' s 3? i9i AREA IN PER114NENT EASEraff I. A NOTARY PUBLIC OF THE COUNTY AND STATE TIE LINE) 8404 SO.FT. 0.193 ACRE / / / . -'N12.53-24•w AREA IN CONSTRUCTION EASEMENT I g ' AFORESAID CERTIFY THAT WALLACE G. CLARK. JR. .41 NS8647948• 2694 SO.FT. 0.06 ACRE u REGISTERED LAND SURVEYOR, PERSONALLY APPEARED ( 3i 99, E I m BEFORE ME THIS DAY AND ACKNOWLEDGED THE EXECUTION ' 0 OF THE FOREGOING INSTRUMENT. WITNESS MY HAND ?Ia i ro AND OFFICIAL STAMP OR SEAL, THIS 9 A•t?$ R. D. GORHAM. JR. 1996. l lolt DAY OF > ?? I n M,4?2k ?s'?•, .,•B? DEED BOOK 1209, PAGE 982 l ?y I ?+ t.• TAX MAP 3862.09, PARCEL 1273 , ?pQ I ro c lIOTARp , s ------ -cn /,NOTARY PUBLIC C - _ _ _ _ _ _ - - - - - " - PUBLIC r _ -r MY COMMISSION EXPIRES AUG.11 1998 ?'. ?L??'•. •'??• .. - - ! y? 1 120' VEPCO TRANSMISSION LINE EASEMENT ) `?1uuu?u??? o I. WALLACE G. CLARK, JR. s• k13.39, E 13' 'E I - - _ RLS CERTIFY TO ONE OR MORE OF THE as, a , 37.19' FOLLOWING CIRCLED STATEMENTS: sass?4F ao3.r 1 586.28 24'w CONC RON. TO NEa sa' 459.x3' A. THAT THIS PLAT IS OF A SURVEY THAT CREATES A SUBDIVISION OF LAND - - " - - - 92.44' I ses, WITHIN THE AREA OF A COUNTY OR MUNICIPALITY THAT HAS AN ORDINANCE CONC. MON. TO EXIST. ESM'ii 0 Pc. 205 D.B. JACK 1 LAUGHERY THAT REGULATES PARCELS OF LAND. 14APTBOOK 2COER A. I 1097 PG.477 N• 824544.174 EXIS'iINO M.H. B. THAT THIS PLAT IS OF A SURVEY THAT IS LOCATED IN SUCH PORTION OF E-2360550.637 EXISTING 30' SANITARY SEWER EASEMENT A COUNTY OR MUNICIPALITY THAT IS UNREGULATED AS TO AN ORDINANCE NAD83 RECORDED MAP BOOK 20 PAGE 122 THAT REGULATES PARCELS OF LAND. C. THAT THIS PLAT IS OF A SURVEY OF AN EXISTING PARCEL OR PARCELS OF LAND. DO THAT THIS PLAT IS OF A SURVEY OF ANOTHER CATEGORY, SUCH AS THE 100' 50' 0' 100' 200' RECOMBINATION OF EXISTING PARCELS, A COURT-ORDERED SURVEY OR OTHER LEGEND EXCEPTION TO THE DEFINITION OF SUBDIVISION. PERMANENT EASEMENT E. THAT THE INFORMATION AVAILABLE TO THIS SURVEYOR IS SUCH THAT I ANNEXATION AREA 2 BAR SCALE-1"= 100' AM UNABLE TO MAKE A DETERMINATION TO THE BEST OF MY PROFESSIONAL PROPERTY LINE NOT SURVEYED ABILITY AS TO PROVISIONS CONTAINED IN (A) THROUGH (0) ABOVE. PROPERTY LINE SURVEYED CONCRETE MONUMENT REVISIONS DESCRIPTION SEWER LINE EASEMEN' o NO. DATE NO. DATE EXISTING IRON PIPE s o3=ze-95 R.D. GORHAM, JR. REGISTERED LAND SURVEYOR L- 3691 0 NEW IRON PIPE WALTER THARRINGTON,III 6 NORA THA COMPUTED POINT DATE: FEBRUARY 1, 1995 SCALE: 1 RECORDED IN MAP BOOK PAGE 0 EXISTING PK NAIL DRAWN BY: CHECKED BY: 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ? 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multiDliers. Zone* Impact Multiplier Required (square feet Mitigation 1 2,730 3 (2 for Catawba) 8,190 2 1,942 1.5 4,413 Total 4,672 12,603 * Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or.0260. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed Page 11 of 12 erviolis area is p impervious level. No change or increase to ed in o der torf revent downstreamsed mentation im acts to and erosion control measures will be em l? waters or wetlands. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition or fsch y e) of capacity isthe subject wastewater generated from the proposed project, or available Q- i,„p PYtP„pnn will be treated at the City of Rock Mount Waste Water Treatment Plant. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No ? XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ® No ? If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http'h2o enr state.nc.us/newetlands. If no, please provide a short narrative description: Since this project does not require 401 Water ualit Certification or an Isolated Wetland Permit the cumulative impact provisions of these rules are not applicable. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). "" `" - Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 I1 •!. 1 •a?} I 1 `•.•_ r ( 1 L ? : At'.••I' l i -? r•'!' ' ?I ?.? .. ! 4 ' r- ! ? 1 • ?,?±_. l```.i ??d.,??. : ;? C? J. - ': 1.... ?~ ??\. _ r wr? % ??-t \ '1 I+1 r ?? r .u: -? -..ter f.l _, ~-Gym `?_` _ •.. p ` - "`., J -•s? ,1 v.a ,' i i.. rl l' '\ t• y 1 ~ii ii 13O.! 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I I \ ? r r i t.? / f -•y??tt ' r • ? i rn?,?.f31 '.? ?? w ?_ ]< e? ? ,Y bpbsed bdan Elf+111t11 or LiI e11310h+ 1 Q ?r. '? ? ,, ?• ??'_f p L?3 1\- ?-r.J l tamp.-- •A_'rr •,,? f - 'sVY ?'•I'?`.? 1 r,lz? r `.? ( !. ri ?? `. \ v. •?aix:,; AC .ria> - -•\ 1?._l ?, ,111 f% x_15:. I-/ - -_ .? ?•y. ! ?`c? { . ^J.? ? :.`? ' i , :' roc "\ ,1 y4? f j j ?????"•? I ? 1 ? ?'? f''?_.•. '? ? 7 ` 1•._. '' (1 -?i3' ? ? ?,? •y .' ?`, { ?.1 ? 11 I,ll \l 1 ,•s f; - ? ? . L`1 f"% I '+' , ?l ' ? r i I -ly i . •y ? "'\-? _ ,?? f`••?[7 qb-? ?/ !?''l/ ' ? ??'l! I frr • / .! ? r ? i ?_ ,, '- \,? r \.' ' - -? -f 1. ?._.? ?t i• ?? ? i I i er%/'i' `I°'" rr ' ` ? , i• ? 1-?. ,1 11- ? .-•_ -••'?`p•' i rY// I =J f?`f? J. Il \?0 -,'?f,•?? _ , \ \! 5to1 ' v w 11, ! 'V1 1 ?ua ; ; I c'z' i • ! t,,,,lal .3+ tA^9 /k' 1ti V-.- +? 'e,-p-z '.-z.s:.:l N • Lr `?: ,? .>.Y ?.• ?.\ pry ; : ?? .. ?' '?. -// ! • a???_ ,1 ??, r lV ?? i 7?? I?i•r k ! ?? 14?'? -_ i ice: - ?-a ?1 il=?. - t a ?- ' ? djli L}••t ? t I •" .r r• 'o ? ? .. ? ? c, ran. 1 A- `°'??, u n 'a4-? r • • R r+.. #F t C• t 1 )5' I '? ti b ! w y 1 \?. ,r f '?';'?a,- I7?I -t? f :4' f f•' Li' ( ... ?.? ? ? _'n ;.? ' ? r/?`..'i°? `I?? ?' ??153E? _-•.• `, ? y ?J? ??• ? I' -- - - ? IJs/ 1DIopeQalls(it}ti**b!lDeLeflseYzmwt>?bIEtM SemeDan IISGS f-? & Scab:1:AW Deta' MI Dam- G'SU fr,: ' APO r PROPOSED BUFFER IMPACTS 1 1194 SQ. FT. (0.027 AC.) 2 2730 SQ. FT. (0.063 AC.) 3 1748 SQ. FT. (0.040 AC.) %1 ;j EXISTING STREAM BANK ZONE 1 (30-FOOT STREAM BUFFER) ZONE 2 (SO-FOOT STREAM BUFFER) EXISTING SEWER LINE AND MANHOLE SEWER LINE EASEMENT PROPOSED SEWER LINE -- ----- APPROXIMATE PROPERTY LINE SKELLY and LOY, LLP I FEB. 2006 1 FIGURE 2 TAR-PAMLICO RIVER BUFFER IMPACT MAP Indian Branch Sewer Extension Bishop Properties Rocky Mount, Nash County, North Carolina Scale: 1 " = 40' Project No. 2604040 O LU November 17, 2004. TO: Shelly and Loy, LLP 6404 Palls of Meuse Rd. Raleigh, North Carolina 27615 FROM: Marty Pittman Bishop Properties, LLC 389 Instrument Dr Rocky Mount, SIC 27604 (252) 977-9111 Re: Villas at Wesleyan Subdivision I, Marty Pittman , as a representative concerning the properly at the intersection of Cummings & Bishops Roads in Rocky Mount NC , do hereby authorize and give permission for Skelly and Loy to represent or act as agent on our behalf and allow the COE or any other regulatory agency to go on the property with an Skelly and Loy representative for such purposes necessary to perform the job tasks. Marty Pittman\, ) Bunn-Brantley terprisE 339 Instrument Dr Rocky Mount, NC 27304 (252) 977-9111 ®atv MAR 1 2006 ¦ Complete items 1, 2, and 3. Also complete A. Si nature Item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. eceived by ¦ Attach this card to the back of the mailpiece, ei or on the front if space permits. 1. Article Addressed to: Mr. Marty Pittman 389 Instrument Drive Rocky Wunt,NC 27804 D WQ# 06-0366-Nash 13 Agent C. Date of D. Is del ery address different frorn item 1? ? Yes If YES, enter delivery address below: 0 No 3. Service Type ` OCertified Mail 13 Express Mail Registered Return Receipt for Merchandise O Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7005 1160 0000 9954 6450 atetsfer from service labeo '41311 FAhn ianr 9nnd nnmAgHr. Rahim QRrAint tn9rr UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • NC DENR Division of Water Quality 401 Oversight/Express Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 f fjC1 '+ !?i????3?s?t[i??l3E???13?i??F?t??1?iEI3??i!!€.=?f?E?!??i??tll?! ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpieoe, or on the front if space permits. Article Addressed to: Mr. Marty Pittman 389 Instrument Drive Rocky Mount,NC 27804 DWQ4 06-0366-Nash A. Signa e XD? ? Agent ///???"' ? Addre B. Received by (Printed Numer C. Date f Del a Doloes -5-on4 1-43/3(b{ D. Js delivery address different frormitem 1? ? Yes If YES, enter delivery address below. 13,No 3. ice Type Certifled Mail ? F?xpress Mail ? Registered Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes ?. Article Number (rrarlsferfrom serV11 7005 1160 0000 9954 5057 nnnA ,.fSI,A,.. UNITED STATES POSTALAMVICE',?`?, -Firs M- las-a-Wil /k oN4 `C'N _PNwhgeR,-EsesPaid LLSPIS Is '. . ?? . -A=it No G-10 F--S;nder: Please nt your name, addMs-s, any d ZZIIf -+-4-TM-5s box' NC DENR Division of Water Quality 401 Oversight/Express Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 w ?..?_ ?d...=::' 't}}t}1?!l3i:ti?ti!!}}til3lt}ly;?!!?3!l?ift}t?Eitti?d?ltlitdiFlf