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HomeMy WebLinkAbout20060391 Ver 1_COMPLETE FILE_20060309Michael F. Easley, Governor T Mr. Paul Williams P.M. Development, LLC P. O. Box 5657 Winston-Salem, NC 27113 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality March 27, 2006 DWQ# 06-0391 APR g 2UU6 Davidson County APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Williams: P.M. Development, LLC has our approval, in accordance with the attached conditions, to place permanent fill in 130 linear feet of perennial stream in order to construct a road crossing for the Meadowfield Residential Subdivision located on Friedburg Church Road, in Davidson County south of Winston-Salem, as described in your application received by the Division of Water Quality (DWQ) on March 9, 2006. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3402, which can be viewed on our web site at http://www.ncwaterquality.org/wetlands.html. This Certification allows you to use Nationwide Permit Number 39 when it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other applicable federal, state or local permits before you proceed with your project, including (but not limited to) those required by Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is valid only for the purpose and design that you have described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fill for this project (now or in the future) exceeds one acre, or total fill to perennial streams equals or exceeds 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification, as well as the additional conditions listed below: 1. The following impacts are hereby approved as long as all other specific and general conditions of this Certification are met. No other impacts, including incidental impacts, are approved: Amount Approved Plan Location or Reference Streams 130 linear feet Miller Creek located near Friedburg Church Road, in Davidson County south of Winston-Salem, as depicted on the project location map included with the application Non e Carolina orth tura!!y North Carolina Division of Water Quality Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone (919) 733-1786 FAX (919) 733-2496 2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet hftp//:www.ncwaterguality.org Customer Service Number: 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Mr. Paul Williams Page 2, DWQ# 06-0391 March 27, 2006 2. Appropriate sediment and erosion control measures. which equal or exceed those outlined in the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR regional offices or the central office), whichever is more appropriate, shall be designed, installed and maintained properly to assure compliance at all times with the North Carolina water quality standards that are applicable to Class C waters as described in 15A NCAC 02B.0211 Fresh Surface Water Quality Standards For Class C Waters. Such measures must equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. These measures must be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor owned and leased borrow pits, which are associated with this project. 3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control measures in wetlands or waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the project is completed or, if applicable, within six months of the date that the project is released by the North Carolina Division of Land Resources. 4. No waste, spoils, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control "Best Management Practices" shall be performed so that no violations of state water quality standards, statutes, or rules occur. 5. The culvert required for this project shall be installed in such a manner that the original stream profile is not altered (i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions (including the pattern and profile) are to be maintained above and below the location of the culvert. The culvert shall be designed and installed to prevent head cutting of the stream. If the culvert becomes perched, the appropriate stream grade shall be re-established or, if the culvert is installed in a perched manner, the culvert shall be removed and re-installed correctly. The Applicant must submit a plan and receive written approval from this Office to address any head cutting that will occur as a result of this project (e.g., use of cross vanes downstream of the culvert). 6. Where riprap is required for energy dissipation and scour protection, it shall be limited to the minimum dimensions specified by appropriate engineering calculations. Riprap may only be used below the normal high water level. The original grade and elevation of the stream's cross-section must be maintained. Riprap placed in the stream bottom must be inserted into the bottom matrix to a depth sufficient to provide the thickness of riprap required for scour protection. The elevation of the stream bottom must not be increased by the placement of riprap. Placement of riprap must not result in destabilization of the streambed or banks upstream or downstream of any crossing. All construction activities associated with this project shall minimize built-upon surface area, direct stormwater runoff away from surface waters, and incorporate best management practices to minimize water quality impacts. If concrete is used with any fill material, it shall not be allowed to come in contact with surface waters until it has cured. If any stormwater must be collected for discharge into a stream channel, it shall not enter the stream as a point source, but shall be slowed and discharged as sheet flow prior to entering the riparian buffer on either side of the stream. Mr. Paul Williams Page 3, DWQ# 06-0391 r March 27, 2006 Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion" to notify NCDWQ when all work included in the §401 Certification has been completed. This certificate should be returned to the Wetlands/401 Certification Unit of the NC Division of Water Quality at the address listed on the form. Along with the Certificate of Completion, please send photographs upstream and downstream of the culvert site to document correct installation. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Daryl Lamb in the DWQ Winston-Salem Regional Office at 336- 771-4959 or Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631. Sincerely, Alan W. Klimek, P.E. AWK/cdl Attachments cc: Mr. John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office DWQ, Winston-Salem Regional Office Central Files Wetlands/401 File Copy Mr. Mark Taylor, PE, EcoLogic Associates, P.C., 4321-A South Elm-Eugene Street, Greensboro, NC 27406 WSRO 401 GWQC Authorizations Subject: WSRO 401 GWQC Authorizations From: Daryl Lamb <Daryl.Lamb@ncmail.net> Date: Wed, 29 Mar 2006 10:09:22 -0500 To: Ian McMillan <Ian.McMillan@ncmail.net> CC: Laurie J Dennison <Laurie.J.Dennison@ncmail.net> Ian and Laurie, The following 401 authorizations have been issued by WSRO: 06-0196: The Preserve at Winkler's Creek (Watauga), issued 03/20/2006; 06-0206: Stratford Centre - Stormwater Ponds (Forsyth), issued 03/13/2006; 06-0262: Twin Creeks Subdivision (Rockingham), issued 03/14/2006; 06-0299: Forsyth Country Club - Maintenance Road (Forsyth), issued 03/13/2006; '06-0357: Autumn Trace Subdivision (Alamance), issued 03/27/2006; 06-0379: Cane Creek Stream Restoration - NC EEP (Alamance), issued 03/15/2006; 06-0391 Meadowfield Subdivision (Davidson), issued 03/27/2006. The following 401 applications have been placed on hold: 06-0387: Rendezvous Mountain - Purlear Creek Stream Restoration (Wilkes), placed on hold 03/27/2006; 06-0427: Buckeye Creek Subdivision (Watauga), placed on hold 03/27/2006; 06-0436: Savanna's Run Subdivision (Guilford), placed on hold 03/28/2006. Best regards, Daryl Daryl Lamb NC DENR Winston-Salem Regional office Division of Water Quality Winston-Salem, NC 27107 Voice: (336) 771-4959 FAX: (336) 771-4630 Daryl Lamb <Daryl.Lamb(a,NCmail.net> WSRO NC DENR 060196.doc 1 Content-Type: application/msword Content-Encoding: base64 060206.doc Content-Type: application/msword Content-Encoding: base64 Content-Type: application/msword 060262.doc Content-Encoding: base64 1 of 2 3/29/2006 10:14 AM WSRO 401 GWQC Authorizations Content-Type: application/msword 060299.doc! Content-Encoding: base64 Content-Type: application/msword 060357.doc '. Content-Encoding: base64 Content-Type: application /msword 060379.doc' j Content-Encoding: base64 Content-Type: application/msword 060391.doc i Content-Encoding: base64 Content-Type. application/msword Purlear Creek Stream Restoration Hold Letter (06-0387).doc % Content-Encoding: base64 Content-Type: a lication/msword Buckeye Creek Subdivision Hold Letter (06-0427).doc Content-Encoding: bae64 i Content-Type: application/msword Savanna's Run Subdivision Hold Letter (06-0436).doc Content-Encoding: base64 2 of 2 3/29/2006 10:14 AM Triage Check List Date: 3/13/06 Project Name: Meadowfield SD DWQ#: 06-0391 County: Davidson Daryl Lamb, Winston-Salem Regional Office To: 60-day processing time: 3/09/06 - 5/09/06 From: Cyndi Karoly Telephone: (919) 733-9721 The file attached is being forwarded to you for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: As per our discussion regarding revision of the triage and delegation processes, please review the attached file. Note that you are the first reviewer, so this file will need to be reviewed for administrative as well as technical details. If you elect to place this project on hold, please ask the applicant to provide your requested information to both the Central Office in Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim procedure as we slowly transition to electronic applications. Please apprise me of any complications you encounter, whether related to workload, processing times, or lack of a "second reviewer" as the triage process in Central had previously provided. Also, if you think of ways to improve this process, especially so that we can plan for the electronic applications, let me know. Thanks! ECOLOGIC Engineering/Construction a March 8, 2006?'?^?° Cyndi Karoly, 401 Unit Supervisor 401 /Wetlands Unit NCDENR Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 4321-A S. Elm-Eugene St. - Greensboro, NC 27406 (336) 335-1108 - Fox 335-3141 www.ecologic-nc.com 2 0 0 0 3 9 D ?m l.9 MAR 9 2006 DEER WA7 4 "t F (??JALt71 ??4ro src ??TER sR'Nc11 RE: NWP 39 Application - Meadowfield Development, Davidson County, NC Owner: P.M. Development, LLC Dear Cyndi: Please find attached a check for $200.00 along with seven (7) copies of a pre-construction notification (PCN) for Nationwide Permit 39 for the above referenced project. An agent authorization letter, a memo on avoidance and minimization efforts, drawings of the proposed development (with vicinity map) and stream crossing, a USGS topo, and a Biological Technical Report are enclosed with the PCN. The original PCN and enclosures have been mailed directly to John Thomas, PE of the USACE, Raleigh Regulatory Field Office. If you have questions or need further information, please call our office at (336) 335-1108. Sincerely, Ecologic Associates, P.C. ?tl Mark A. Taylor, PE Project Manager C: Paul Williams, P.M. Development, LLC Harris Gupton, PE, Gupton & Associates, P.A. John Thomas, PE USACE Raleigh Regulatory Field Office Technology Serving Ecology Printed on recycled paper. ECOLOGIC Engineering/Construction March 8, 2006 John Thomas, PE US Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of Neuse Road, Suite 120 Raleigh, NC 27615 4321-A S. Elm-Eugene St. • Greensboro, NC 27406 (336) 335-1108 • Fox 335-3141 www.ecologic-nc.com ., I..._. I r` x. 2 0 0 s o 3 9 1 RE: NWP 39 Application - Meadowfield Development, Davidson County, NC Owner: P.M. Development, LLC Dear John: Enclosed you will find the pre-construction notification (PCN) for a Nationwide Permit (NWP) 39 for the referenced project for P.M. Development, LLC. An agent authorization letter, a memo on avoidance and minimization efforts, drawings of the proposed development (with vicinity map) and stream crossing, a USGS topo, and a Biological Technical Report are enclosed with the PCN. If you have any questions or comments, please call us at (336) 335-1108. Sincerely, EcoLogic Associates, P.C. UA 101_?? Mark A. Taylor, PE Project Manager Enclosures: As described in narrative above C: Paul Williams, P.M. Development, LLC Harris Gupton, PE, Gupton & Associates, P.A. ?Cyndi Karoly, NCDENR Division of Water Quality Technology Serving Ecology Q Printed on recycled paper. -- MAR 9 2006 DENR - W ER QUALITY WETLANDSA14D STG`iPy HATER MCH Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. i (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) , r I. 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: 39 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: P.M. Development, LLC Contact: Paul Williams Mailing Address: P.O. Box 5657 Winston-Salem NC 27113 Telephone Number: (336 ) 784-7991 Fax Number: (336) 784-6070 E-mail Address: paul(@p m-development.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: Mark Taylor, PE Company Affiliation: EcoLogic Associates, P.C. Mailing Address: 4321-A S. Elm-Eugene St. Greensboro, NC 27406 Telephone Number: (336) 335-1108 Fax Number: (336) 335-3141 E-mail Address: mark@ecologic-nc.com Updated 11/12005 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: Meadowfield Residential Development 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 6801-02-76-1623 4. Location County: Davidson Nearest Town: Winston-Salem Subdivision name (include phase/lot number): Meadowfield Directions to site (include road numbers/names; landmarks, etc.): Take Hwv 150 south from Winston-Salem. From Davidson Co. line, go 1.5 miles and turn right onto Central Rd. Go to dead end and turn left onto Friedburg Ch. Rd. Site is 1 mile on right at Penry Lane. 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): 35.983333 ON 80.328333 °W 6. Property size (acres): 146.6 7. Name of nearest receiving body of water: Muddy Creek 8. River Basin: Yadkin YAD04 (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: The site is part of an old farm in a neighborhood that consists of active farms and _residential development. Some portions of the nronosed development are covered with a thick, early successional growth of trees on what was a field of row crops roughly 5 to 10 ears ago. Updated 11/1/2005 Page 6 of 12 10. Describe the-overall project in detail, including the type of equipment to be used: A typical residential subdivision using cluster design strategy. The only proposed impact to Waters of the U.S. is a box culvert for a roadway crossing Miller Creek which bisects the site 11. Explain the purpose of the proposed work: The proposed box culvert in Miller Creek will provide road access to the northern portion of the property, which is topographically isolated by the creek valley. Refer to the attached plan view W'=4201). 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. Does not apply. 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 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: One triple-barrel, cast-in-place concrete box culvert 90 feet long. Rip-rap channel lining at both ends for scour protection having a combined length of 40 feet. The proposed impacts are to Miller Creek a perennial stream. Refer to the attached plan view W!--50'). Updated 11/1/2005 Page 7 of 12 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) F 0.0 3. List the total acreage (estimated) of all existing wetlands on the property: 0.1 (see report) 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 Intermittent? Average Stream Width Before Impact Impact Length linear feet Area of Impact acres 1 Miller Creek Culvert P 10-15 90 0.031 2 Miller Creek- Riprap P 10-15 40 0.014 Total Stream Impact (by length and acreage) 130 0.045 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) 0.0 Updated 11/12005 Page 8of12 6. List the cumulative impact to all Waters of the U.S. resulting from the ro'ect: Stream Impact (acres): 0.045 Wetland Impact (acres): 0.0 ,Open Water Impact (acres): 0.0 Total Impact to Waters of the U.S. (acres) 0.045 Total Stream Impact (linear feet): 130 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. See attached letter from proiect desi er Gupton & Associates. P.A. 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. Updated 11/1/2005 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/stringide.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. None proposed. Proposed impacts are believed to result in minimal adverse effects to the aquatic environment. 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/vvm/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): Updated 11/1/2005 Page 10 of 12 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federallstate) land? Yes ? No 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* Impact (square feet Multiplier Required Mitigation 1 3 (2 for Catawba) 2 1.5 Total * 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. 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. Updated 11/12005 Page 11 of 12 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 impervious level. Existing % impervious z 0% Proposed % impervious = 15.2% (22.23 impervious acres of 146.61 total site acres) 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 the subject facility. On-site- sewer mains will connect to two existing 15" sanitary sewer outfalls that flow to an existing pump station that pumps to Muddy Creek WWTP (Permit No. NC 00 50342) 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: 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). Applicaut/Age 's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updated 11/1/2005 Page 12 of 12 ¦? PM ¦¦ DEVELOPMENT March 2, 2006 John Thomas USACE - Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27615 RE: EcoLogic Associates, P.C. Authorized Agent for Jurisdictional Waters Determinations and Permitting Meadowfield Phase 2 - Davidson County, N.C. Dear Mr. Thomas: This letter confirms that EcoLogic Associates, P.C. of Greensboro, NC is hereby authorized as an Agent to represent P.M. Development, L.L.C. during site visits to determine, confirm, delineate or otherwise assess the jurisdictional status and extent of streams, wetlands and other waters within the boundary of the above referenced project in Davidson County, N.C. They are also authorized to have signatory authority on any notifications or permit applications that maybe required to obtain the necessary authorizations or permits to implement the project under Section 404 of the Clean Water Act. This authorization will continue until revoked by the undersigned in writing. Thank you for your cooperation, and please notify us if additional action is required. Sincerely, PM Development NuL.epM-DEve-Lop mENr, coM Paul Williams OWNE2 SNAP-T PAP-1L& 501 SHEPHERD STREET, WwsTON-SALEM, NC 27103 336.659.9503 Upton Associates P.A. Engineering-Planning-Surveying 2200 Silas Creek Pkwy., Suite 2B Winton-Salem, N.C. 27103 Memorandum To: Mark A. Taylor, P.E. From: Harris B. Gupton, P.E. Date: 2/21/06 Re: Stream crossing of Miller Creek in Meadowfield Development, Davidson County, N.C. The Meadowfield Development consists of approximately 250 homes of various housing types, located on a 142 acre site in Northern Davidson County. The development was designed with the cluster concept to have minimum impact on streams and wetlands; in fact this is the only stream crossing on the entire site. The only existing access to a portion of the property was via a "creek ford"; therefore we had no alternatives for a viable access. We conducted test drilling adjacent to the creek to determine the feasibility of a pre-cast arch bridge or bottomless arch pipe and found that bed rock was too deep for these to be feasible. Based on the above information, we determined that the best structure for this situation is a poured in place triple barrel concrete culvert. We have aligned our roadway such that the crossing is approximately perpendicular to the stream and would only impact approximately 130E feet of stream channel. We herewith request that you file the required notifications and/or permit applications with NCDENR and USACE for the subject stream crossing. Phone 336-723-2459 Fax 336-761-1425 E-mail Quptonpana,euptoncomnanies.com U 0 U O 43 5 A O 3 O T y i y #? ?''? t i •i 1 r i s i 9 t. _ `?, S ? `'tin. '•` ?? ?.r? ? ? ? s,.i 'f. `°???„...?? 3 +t' ?? ?9 ?efa 4 i` 66} 1 ? 1 t T ? f y? ??• T 1 3 = P l? I fi 1 'L r'?.?{ 4 a'. - \'S' ?- 4.i a 7 IN ip y { fez, .. e`3ft yP•3 I ? O ?+ •?? ,. ..._ ...... Xt '?'h7:? •a' -. tVVII ! ? ! i ? , `?..•"f a cn Ecological Resources Report A Field Inventory to Confirm or Refute the Presence of Waters of the U.S, Wetlands and Rare and Protected Species Candidate Site: Property of P.M. Development LLC Friedburg Church Road Davidson County, NC October 29, 2004 ;I NQwV%A --- Report Submitted by EcoLogic Associates, PC Principal Investigator: Kenneth A. Bridle, Ph.D. Ecological Resources Report - Friedburg Church Road Site Introduction: This investigation was requested by Gupton & Associates PA in order to determine if jurisdictional wetlands, surface waters or rare and endangered species are located within the limits of a proposed residential development site. Site Location: The site is located in northern Davidson County, just south of the Forsyth County line. The site is on the west side of Friedburg Church Road, about '/s mile north of the intersection of Frye Bridge Road. The southern portion of the project borders Fryes Creek. Miller Creek bisects the project. The western portion of the property borders Muddy Creek. All these creeks have sewer lines running along the creek on the side of the proposed development. Investigative Methodology: The site described above was surveyed on two occasions in September and October, 2004 by Kenneth A. Bridle Ph.D., Principal Biologist. A systematic walk of the perimeter of the site was taken, followed by walking several transects across the site and into small valleys, drainageways and low spots. Investigation of the soils, plant cover, land use, and hydrology of the area was conducted. Significant features were flagged in the field, and GPS locations were obtained with a hand-held, recreational grade unit (accuracy = S to 10 meters). Site characteristics were observed and recorded to confirm or refute the presence of jurisdictional wetlands and locate and classify jurisdictional waters (streams). The wetland identification and delineation methodologies employed are based on the 1987 "Corps of Engineers Wetlands Delineation Manual". A soil probe was available to examine the substrate to determine the presence or absence of hydric soils and subsurface moisture within 24 inches of the surface. Analysis of the land use and natural community characteristics were used to determine the potential for listed rare or threatened species of terrestrial plants and animals. Since there is no proposed direct impact to the creeks, an aquatic species survey was not conducted. Investigator Qualifications: Kenneth A Bridle, Ph.D. earned a BS in Botany from Ohio University and MS and Ph.D. in Biology from Wake Forest University. He has 20 years of plant science research experience in both the public and private sectors. He has 10 years of experience conducting natural heritage inventories for the State and local land trusts. He is therefore familiar with the rare species of plants and animals found in the Piedmont region of North Carolina, including the site in question. He has also conducted wetland research, identifications and delineations and is the author of a recently published NRCS wetland restoration manual. Site Description: The site is part of an old farm in a neighborhood that consists of active farms and residential development. Several portions of the proposed development are in currently managed hay fields and older fallow fields. Some portions of the proposed development are covered with a thick, early successional growth of trees on what was a field of row crops roughly five years ago. October 29, 2004 1 Ecologic Associates, P.C. Ecological Resources Report - Friedburg Church Road Site There is a section of the site that contains a mature forest. This is located on the steep bluffs on the south side of Miller Creek. The forest has a mixture of large red oaks, hickories and tulip trees scattered along the hillside, with large American beech trees along the bottom of the slopes. At the bottom of the slope, on the Miller Creek floodplain, is a prior converted wetland that has been ditched and drained and at one time was used for row crops and animal grazing. Across Miller Creek is a gently sloping finger of land that has all the signs of being an old field. The attached photo shows these as fields on both sides of the creek in 1996. Findings on Waters of the United States: Waters of the U.S. include both surface waters and wetlands. There are no flowing perennial or other creeks evident within the boundaries of proposed residential development. Miller Creek bisects the project site and will be crossed by the main road. The presence of remnant, marginal hydric soils and hydrophilic vegetation on the south side of the Miller Creek floodplain suggests that this area was once a hardwood forest wetland prior to its draining and conversion. There are only a few small wetland pockets within this area, none of which will be impacted by the proposed development according to the plan provided. Findings on Rare and Protected Species: The North Carolina Natural Heritage Program identifies four federally listed and 18 state listed species in Davidson County. These include both plants and animals, some very notable like the Bald Eagle and some inconspicuous like the Schwienitz's sunflower. Within the Welcome Quadrangle where the site occurs, NCNHP records indicate no federally listed species and no state listed species. The Bog Turtle is listed as a potential species in this quadrangle, based on historic range, but has never been reported from this area. No evidence of the listed terrestrial plant species was found, nor was any suitable habitat identified within the bounds of the proposed development site. Conclusions and Recommendations: There are no rare species present on the site, nor habitat for them, that would be compromised by the proposed use of the site as a residential development. There are also no intermittent or perennial creeks or wetlands within the proposed development areas of the project. The only impact will be the bridge or fill spanning Miller Creek. Careful planning should be done to minimize the impact and the attendant permitting requirements. The Miller Creek floodplain, which is shown as an undeveloped common area, offers potential for wetland restoration since it appears to be a prior converted wetland. Removing the ditches that currently drain the floodplain and allowing runoff from non-impervious surfaces to increase site wetness might hydrologically enhance this feature. The possibility for mitigation credit from such a restoration exists. October 29, 2004 2 EcoLogic Associates, P.C. .ter ?04F ram„ ? dal " ? ?1J 1 , ?r a f ?y tr) e' 3 1P 1 1 1 t? 1. ? .. 1 tl 110 5 41 1 a ,4 41 ? • r "l; % i u. rt S1 + 'SM S �.y ^�' W[y �a' •l j �?��'�` �y+ M � N Y } �.�ir.�> •.?' '`:'4p•¢,.+. .a;: . t i fit, v y, � t pp . `��i � _ � •. 4 i. Ae... .w - �L� � , `�.+�ryr7Nii�!•��-, ��. •��1.'L �`�ea �- N 10/29/04 Friedburg Church Road GPS Locations Gupton & Associates, P.C. Proposed Development Map Tag Description Latitude Longitude 1 Start Ephemeral 035 59 00.73N 080 19 41.OOW 2 Confluece with ditch 035 58 59.61 N 080 19 45.59W 3 Stream Crossing 035 59 05.44N 080 19 46.62W 4 Big Oak Tree 035 59 10.04N 080 19 41.85W 5 Small Wetland 035 59 04.51 N 080 19 42.77W Dump Trash dump 035 59 02.76N 080 19 37.66W EcoLogic.Associates, P.C. P@MWIRDO MAR 9 2006 U1 PiR - WATER QUAt_ITY " i tAr1U6 AN0 ST0R.k 4YATFR pE,? NCN Office Use Only: Form Version March 05 200G0301 i USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A") I. 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: 39 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: P.M. Development, LLC Contact: Paul Williams Mailing Address: P.O. Box 5657 Winston-Salem NC 27113 Telephone Number: (336)784-7991" Fax Number: (336) 784-6070 E-mail Address: paul(a1 m-development.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: Mark Taylor, PE Company Affiliation: EcoLogic Associates. P.C. Mailing Address: 4321-A S. Elm-Eugene St. Greensboro NC 27406 Telephone Number: (336) 335-1108. Fax Number: (336) 335-3141 E-mail Address: mark@ecologic-nc.com Updated 11/1/2005 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:Meadowfield Residential Development 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 6801-02-76-1623 4. Location County: Davidson Nearest Town: Winston-Salem Subdivision name (include phase/lot number): Meadowfield Directions to site (include road numbers/names, landmarks, etc.): Take Hwy 150 south from Winston-Salem. From Davidson Co. line, go 1.5 miles and turn right onto Central Rd Go to dead end and turn left onto Friedburg Ch. Rd. Site is 1 mile on right at Pena Lane 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): 35.983333 ON . 80.328333 °W 6. Property size (acres): 146.6 7. Name of nearest receiving body of water: Muddy Creek 8. River Basin: Yadkin YAD04 (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.ne.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: The site is part of an old farm in a neighborhood that consists of active farms and residential development. Some portions of the proposed development are covered with a thick, early successional growth of trees on what was a field of row crops roughly 5 to 10 years ago. Updated 11/1/2005 Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: Atypical residential subdivision using cluster design strategy. The only proposed impact to Waters of the U.S. is a box culvert for a roadway crossing Miller Creek which bisects the site 11. Explain the purpose of the proposed work: The proposed box culvert in Miller Creek will provide road access to the northern portion- of the property, which is topographically isolated by the creek valley. Refer to the attached plan view (1"420'). 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. Does not apply. 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 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: One triple-barrel, cast-in-place concrete box culvert 90 feet long. Rip-rap channel lining at both ends for scour protection having a combined length of 40 feet. The proposed impacts are to Miller Creek a perennial stream. Refer to the attached plan view W'z5 fl. Updated 11/1/2005 Page 7 of 12 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 hnth Onict,trP anal flnnd;na 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 ed/no Distance to Nearest Stream linear feet Area of Impact (acres) Total Wetland Impact (acres) 0.0 3. List the total acreage (estimated) of all existing wetlands on the property:-O. I (see report) 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- multinly length X wirith then dividF- by Al ;An 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 1 Miller Creek Culvert P 10-15 90 0.031 2 Miller Creek Riprap P 10-15 40 - 0.014 Total Stream Impact (by length and acreage) 130 0.045 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. dredaina. floodinLy. 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) 0.0 Updated 11/18005 Page 8 of 12 6. List the cumulative impact to all Waters of the U.S. resulting from the nroiect: Stream Impact (acres): 0.045 Wetland Impact (acres): 0.0 Open Water Impact (acres): 0.0 Total Impact to Waters of the U.S. (acres) 0.045 Total Stream Impact (linear feet): 130 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. 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. See attached letter from project designer Gupton & Associates, P.A. 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. Updated 11/1/2005 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 thisproject, 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. None proposed. Proposed impacts are believed to result in minimal adverse effects to the aquatic environment. 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/wrp/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): Updated 11112005 Page 10 of 12 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 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* Impact (square feet) Multiplier Required Mitigation 1 3 (2 for Catawba) 2 1.5 Total { _ Gone 1 extends out 3U teet 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. Updated 11/1/2005 Page 11 of 12 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 impervious level. Existing % impervious Z 0% Proposed % impervious 15.2% (22.23 impervious acres of 146.61 total site acres) 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 the subject facility. On-site sewer mains will connect to two existing 15" sanitary sewer outfalls that flow to an existing pump station that pumps to Muddy Creek WWTP (Permit No. NC 00 50342) 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.ne.us/ncwetlands. If no, please provide a short narrative description: 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). 31 YI 0 Applicant/Age*'s -Signature . Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updated 11/12005 Page 12 of 12 ai PM ¦¦ DEVELOPMENT March 2, 2006 John Thomas USACE - Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27615 RE: EcoLogic Associates, P.C. Authorized Agent for Jurisdictional Waters Determinations and Permitting Meadowfield Phase 2 - Davidson County, N.C. Dear Mr. Thomas: This letter confirms that EcoLogic Associates, P.C. of Greensboro, NC is hereby authorized as an Agent to represent P.M. Development, L.L.C. during site visits to determine, confirm, delineate or otherwise assess the jurisdictional status and extent of streams, wetlands and other waters within the boundary of the above referenced project in Davidson County, N.C. They are also authorized to have signatory authority on any notifications or permit applications that maybe required to obtain the necessary authorizations or permits to implement the project under Section 404 of the Clean Water Act. This authorization will continue until revoked by the undersigned in writing. Thank you for your cooperation, and please notify us if additional action is required. Sincerely, PM Development Paul Williams S<?" , O iJJNS2 StvAZT PAP-K-S -pa??e PM `D E?ELpP?ENT. Co n? 501 SHEPHERD STREET, WINSTON-SALEM, NC 27103 336.659.9503 Upton Associates P.A. Engineering-Planning-Surveying 2200 Silas Creek Pkwy., Suite 213 Winston-Salem, N.C. 27103 Memorandum To: Mark A. Taylor, P.E. From: Harris B. Gupton, P.E. Date: 2/21/06 Re: Stream crossing of Miller Creek in Meadowfield Development, Davidson County, N.C. -The Meadowfield Development consists of approximately 250 homes of various housing types, located on a 142 acre site in Northern Davidson County. The development was designed with the cluster concept to have minimum impact on streams and wetlands; in fact this is the only stream crossing on the entire site. The only existing access to a portion of the property was via a "creek ford"; therefore we had no alternatives for a viable access. We conducted test drilling adjacent to the creek to determine the feasibility of a pre-cast arch bridge or bottomless arch pipe and found that bed rock was too deep for these to be feasible. Based on the above information, we determined that the best structure for this -situation is a poured in place triple barrel concrete culvert. We have aligned our roadway such that the crossing is approximately perpendicular to the stream and would only impact approximately 130± feet of stream channel. We herewith request that you file the required notifications and/or permit applications with NCDENR and USACE for the subject stream crossing. Phone 336-723-2459 Fax 336-761-1425 E-mail uutonpana guptoncompanies.com U 0 U 0 A 0 A N 3 a Ja. ?-' 4:.' }Fy 111 { - y? i I A 17 .. ?..,..?,? Syk"? ?+}Yl? F • K. ?? fie, ?S {' •'; „, 10 xl? YaT pfa 1 yy ' y y - ,y p a e r ?''•?'i, " i }? ? ? ., ;°f • 9s "yak ii f. i ? ?y?i -•?' .? ?> _ t i C\N ,. x va ? , h" i 8 ?'liRa?T"' ? ? ??° ? t ?4 y ? ,?.....d ? yi;yi i ti p .. spy' P ? ? ' tom,. '?. z ? ( ter ° t ? ?+,• jf ¢}? ..f° c '?'°j _ .._.1 ? :... ? 1 ; ? { .ky p °? t d t d t c ??? ? 1q f 1 1 4 ,? y T Y r•f y ?. j ? .3I Tr ? ? e ? ?ie ?•? ... ? ,? ; '?'? g? ° ?? ? as jf yl{ s y ? p `?? •?, `? ?} Sy? i ? y? * € S '?? 4 -y :.? } _.. iii s_ ;t z ? ? 3U - t Y' '. } o Ecological Resources Report A Field Inventory to Confirm or Refute the Presence of Waters of the U.S, Wetlands and Rare and Protected Species Candidate Site: Property of P.M. Development LLC Friedburg Church Road Davidson County, NC October 29, 2004 Report Submitted by EcoLogic Associates, PC Principal Investigator: Kenneth A. Bridle, Ph.D. Ecological Resources Report - Friedburg Church Road Site Introduction: This investigation was requested by Gupton & Associates P.A. in order to determine if jurisdictional wetlands, surface waters or rare and endangered species are located within the limits of a proposed residential development site. Site Location: The site is located in northern Davidson County, just south of the Forsyth County line. The site is on the west side of Friedburg Church Road, about '/Z mile north of the intersection of Frye Bridge Road. The southern portion of the project borders Fryes Creek. Miller Creek bisects the project. The western portion of the property borders Muddy Creek. All these creeks have sewer lines running along the creek on the side of the proposed development. Investigative Methodology: The site described above was surveyed on two occasions in September and October, 2004 by Kenneth A. Bridle Ph.D., Principal Biologist. A systematic walk of the perimeter of the site was taken, followed by walking several transects across the site and into small valleys, drainageways and low spots. Investigation of the soils, plant cover, land use, and hydrology of the area was conducted. Significant features were flagged in the field, and GPS locations, were obtained with a hand-held, recreational grade unit (accuracy = 5 to 10 meters). Site characteristics were observed and recorded to confirm or refute the presence of jurisdictional wetlands and locate and classify jurisdictional waters (streams). The wetland identification and delineation methodologies employed are based on the 1987 "Corps of Engineers Wetlands Delineation Manual". A soil probe was available to examine the substrate to determine the presence or absence of hydric soils and subsurface moisture within 24 inches of the surface. Analysis of the land use and natural community characteristics were used to determine the potential for listed rare or threatened species of terrestrial plants and animals. Since there is no proposed direct impact to the creeks, an aquatic species survey was not conducted. Investigator Qualifications: Kenneth A. Bridle, Ph.D. earned a BS in Botany from Ohio University and MS and Ph.D. in Biology from Wake Forest University. He has 20 years of plant science research experience in both the public and private sectors. He has 10 years of experience conducting natural heritage inventories for the State and local land trusts. He is therefore familiar with the rare species of plants and animals found in the Piedmont region of North Carolina, including the site in question. He has also conducted wetland research, identifications and delineations and is the author of a recently published NRCS wetland restoration manual. Site Description: The site is part of an old farm in a neighborhood that consists of active farms and residential development. Several portions of the proposed development are in currently managed hay fields and older fallow fields. Some portions of the proposed development are covered with a thick, early successional growth of trees on what was a field of row crops roughly five years ago. October 29, 2004 1 Ecologic Associates, P.C. Ecological Resources Report - Friedburg Church Road Site There is a section of the site that contains a mature forest. This is located on the steep bluffs on the south side of Miller Creek. The forest has a mixture of large red oaks, hickories and tulip trees scattered along the hillside, with large American beech trees along the bottom of the slopes. At the bottom of the slope, on the Miller Creek floodplain, is a prior converted wetland that has been ditched and drained and at one time was used for row crops and animal grazing. Across Miller Creek is a gently sloping finger of land that has all the signs of being an old field. The attached photo shows these as fields on both sides of the creek in 1996. Findings on Waters of the United States: Waters of the U.S. include both surface waters and wetlands. There are no flowing perennial or other creeks evident within the boundaries of proposed residential development. Miller Creek bisects the project site and will be crossed by the main road. The presence of remnant, marginal hydric soils and hydrophilic vegetation on the south side of the Miller Creek floodplain suggests that this area was once a hardwood forest wetland prior to its draining and conversion. There are only a few small wetland pockets within this area, none of which will be impacted by the proposed development according to the plan provided. Findings on Rare and Protected Species: The North Carolina Natural Heritage Program identifies four federally listed and 18 state listed species in Davidson County. These include both plants and animals, some very notable like the Bald Eagle and some inconspicuous like the Schwienitz's sunflower. Within the Welcome Quadrangle where the site occurs, NCNHP records indicate no federally listed species and no state listed species. The Bog Turtle is listed as a potential species in this quadrangle, based on historic range, but has never been reported from this area. No evidence of the listed terrestrial plant species was found, nor was any suitable habitat identified within the bounds of the proposed development site. Conclusions and Recommendations: There are no rare species present on the site, nor habitat for them, that would be compromised by the proposed use of the site as a residential development. There are also no intermittent or perennial creeks or wetlands within the proposed development areas of the project. The only impact will be the bridge or fill spanning Miller Creek. Careful planning should be done to minimize the impact and the attendant permitting requirements. The Miller Creek floodplain, which is shown as an undeveloped common area, offers potential for wetland restoration since it appears to be a prior converted wetland. Removing the ditches that currently drain the floodplain and allowing runoff from non-impervious surfaces to increase site wetness might hydrologically enhance this feature. The possibility for mitigation credit from such a restoration exists. October 29, 2004 2 EcoLogic Associates, P.C. a y , s 1' t e 'f f 1•r a t.rr-' 1 l ?Y 1?4 f lv• Yy z f '4 ? s ti _ + # 0 APP i 14 11 allow 4 v fir- ZD •t J• ? f `? ._ I .t a i :sue :?1 u 'I `` -.... ay Nt tti? 1q it ?; ? ,?l i 4 Sys ;wk �a J rod _• k' R � „WMA' � � . � �'` • � .F+P 4 �.- 4siMZo Tr Yfy,iy y f d i 7777 a. . 11 p 9H y �f sr +O' .t,, `tie g-. �..Y 'j� c �. :�FGr. cr r. ._� � �� ,.•��'- , •tiyS � � III��� aT d a i �1'4� s_.: x� e n ~�'� u". _ A.>I..._._ t. ... �,: •.Y�-...��Wr 3+-�c�'a"•t'°��Il+���i.'�! :iea.- .. Friedburg Church Road GPS Locations Gupton & Associates, P.C. Proposed Development Map Tag Description Latitude Longitude 1 Start Ephemeral 035 59 00.73N 080 19 41.OOW 2 Confluece with ditch 035 58 59.61 N 080 19 45.59W 3 Stream Crossing 035 59 05.44N 080 19 46.62W 4 Big Oak Tree 035 59 10.04N 080 19 41.85W 5 Small Wetland 035 59 04.51 N 080 19 42.77W Dump Trash dump 035 59 02.76N 080 19 37.66W 10/29/04 EcoLogic Associates, P.C.