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HomeMy WebLinkAbout20060920 Ver 1_COMPLETE FILE_2006060200?WArFQG _co rF' > y d ? October 20, 2006 Mr. John T. Eagen, Jr. Rivers Bluffs Limited Partnership P.O. Box 25168 Winston Salem, NC 27114 Subject Property: River Bluffs Subdivision-Section VIII Brices Creek [030410, 27-101-40-(7), SC, SW, NSW] Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 06-0920 Craven County Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 211 .0233) with Additional Conditions Dear Mr. Eagen: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.15 acres of wetland and 0.00 square feet (ft) of Zone 1 Neuse River basin protected riparian buffers and 0.00 square feet (ft) of Zone 2 Neuse River basin protected riparian buffers to construct the proposed residential subdivision as described in your application dated June 12, 2006, and received by the Division of Water Quality (DWQ) on June 13, 2006, with more information received on August 15, 2006. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3404 (GC3404). The Certification(s) allows you to use Nationwide Permit(s) NW 14 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your, proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: one l na 401 Oversight/Express Review Permitting Unit N NaWrally 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 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources River Bluffs Limited Partnership r Page 2 of 4 October 20, 2006 Amount Approved (Units) Plan Location or Reference 404/Wetland 0.15 acres of wetland PCN page 4 of 12 Buffer -Zone 1 0.00 (square ft. PCN page 11 of 12 Buffer - Zone 2 0.00 s uare ft. PCN page 11 of 12 2. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, 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. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. ' 4. Sediment and Erosion Control Measures 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 devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 5. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 2B.0233 and GC 3404; 6. Diffuse Flow (No Review) All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. River Bluffs Limited Partnership Page 3 of 4 October 20, 2006 7. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project; 8. Construction Stormwater Permit NCG010000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http://h2o.enr.state.nc.uslsulForms Documents htm.; 9. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), 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. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. River Bluffs Limited Partnership s. Page 4 of 4 October 20, 2006 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786. r S' erely, 91? Alan W. Klimek, P.E. AWK/Um Enclosures: GC3404 Certificate of Completion cc: Kevin Avolis, Avolis Engineering; PO Box 15564; New Bern, NC 28561 USACE Washington Regulatory Field Office Kyle Barnes, DWQ Washington Regional Office DLR Washington Regional Office File Copy Central Files Filename: 060963Renaissance Park(Wake)401 NBR L `0 (-u 4 0(' _ q zo August 31, 2006 AVOLIS ENGINEERING, P.A. P.O. Box 15564 • New Bern, North Carolina 28561 • (252) 633-0068 Ms. Cyndi Karoly, Supervisor 401 Oversight/Express Review Permtitng Unit NCDENR - Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 RE: River Bluffs Subdivision - Section VIII Brices Creek [030410,27-101-40-(7), SC, SW, NSW] AE Project No. 05129 Dear Cyndi: In response to your June 22, 2006, enclosed please find the following: SEP 7 2006 VENR - WATER ti'MLA 6V MD ST , Q IAn ?Mt1'ATER B %CH USGS Map (Three Copies) Soil Survey Map (Three Copies) Please accept this letter as certification that no wetland impacts occurred as a part of the subdivision development for River Bluffs Subdivision, Sections I- VIII. This prior development occurred beginning in the mid 1980's. Sections I - V of the subdivision were built between 1986 and the early 1990's. Sections VI and VII were constructed in 2005. Section VIII, the current development, represents the final phase of River Bluffs Subdivision. To my knowledge, no wetland impacts have occurred on the subdivision to date including the development on the individual lots. As you are aware, the U.S. Army Corps of Engineers is presently not signing wetland delineation maps due to pending court decisions. I have been contact with Ms. Tracey Wheeler of the U.S. Army Corps of Engineers, Washington Regional Office relating to this matter. Ms. Wheeler has confirmed the wetland delineation at the project site. A wetland delineation map as well as the Nationwide Permit application has been submitted to her office. She has indicated that they cannot at this time sign these maps confirming the wetland delineations due to the pending court decisions. Therefore, I am unable to provide a written confirmation of the wetland delineation. However, Ms. Wheeler can be reached at (252)975-1616, Extension 24 relating this matter. She can provide a verbal confirmation that she has visited the site and confirmed our wetland delineation line as is shown on this map. It is requested that you consider this additional information and continue with your review of the project. Should you have any questions relating to this matter or need any additional information or assistance, please do not hesitate to call. Sincerely, E. 41 .lam 1-}-• 41. k t i ? 4.r } % MAT ? I41TIOxAL , `..r'---.) ? 1, ? «-`l ? • -- ??• ? ? 411 % "?-:? ~????`'- / _ ? i a,? ?? tit ?' ??? - ? ?:'I•,?, ' -All ??lii?th 6•Fi?4 a NIP S E P 7 2006 zR ?,?h ` ?? gar "• tti DENR - WATER QUAL11-Y WETLANDS AND STORMWATER BR • >_ .t IN ` -,n 1 '? ? • ?e `'S `? yr' ? ?Lr I S `. C ? ? \ ?? '?'.°1/ 1 j V 1L ail- f '..? ? ? •Fs? M f? ? ? ? ? - ?. ! f +- y t???.: '.??f , i {? >? r---??? j''}'?. e ?`?? ?`?.a? ?J ???. ? yJ,' i ? - i' ''?F'„??t, •'' - ,'i% -}rte ab l ? j (?'Jff `J .s?"I .' f 1.? iii, ? f f jl? t' ?? r r-^•'`? tl'"r? ? 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CrB t ?t`a s t. ` e 0 y a oA;' JjLe + L ` >g n Y r ster Landi G< Fi ng Point • A a JO Y .; i r c?u0 L Go Me O ExA La vt J * La` ' Cre o La G V L Le O F, Le n to S E F [ 2006 RtveMols a MtN DENR - WATER QUALI7 ` ' `r L WETLAN r+` e Ra Le M DS AND STOMAWATER E " ?. ' La e o ly: GOA oA AuB G GOA x GoA 'r ± R Mly e , Let EXA a i f Cr8 is La' o? GDA ,M SLID P toe ?:, GoA rxF { ? LF La r.Ea .- ?? Y : x a Ru ': D + Q ? . a t - { lit ;sl r GOA ExA i t `yt? _ t, ?= '? ??hi5. , ? 7l z +?JO- j?Ei.•c f _ V. LY La x.#+Ra GOA r ci . LY fi s..; AVOLIS ENGINEERING, P.A. SOIL SURVEY MAP Civil and Environm PO BOX 15564 NEW BERN eNOR1?1 CAROLINA 28561 RIVER BLUFFS SUBDIVISION -PHASE VIII -?tJ PHONE: (252)633-0068. FAX (252)633-6507 TOWNSHIP NO. 7, CRAVEN COUNTY F WATT ? ?0 9Q Michael F. Easley, Governor William G. Ross Jr., Secretary j r North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director y Division of Water Quality June 22, 2006 DWQ Project # 06-0920 Craven County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Rivers Bluffs Limited Partnership Attn: Mr. John T. Eagen, Jr. PO Box 25168 Winston Salem, NC 27114 Subject Property: River Bluffs Subdivision-Section VIII Brices Creek [030410, 27-101-40-(7), SC, SW, NSW] REQUEST FOR MORE INFORMATION Dear Mr. Eagen: On June 2, 2006, the Division of Water Quality (DWQ) received your application dated May 26, 2006, to impact 0.15 acres of forest wetland to construct the proposed residential subdivision. 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 2H.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. Please provide a copy of the Corps of Engineers wetland delineation verification letter. 2. Please provide documentation of what the previous wetland impact amount was for Phase 1-VII. 3. Provide the most current version of the USGS Topo and Soil Survey maps outlining the location of your site. Please contact the DWQ within three weeks of the date of this letter to verify that you have received this letter and that you remain interested in continuing to pursue permitting of your project and will be providing the DWQ the requested information at a later date. Please contact me in writing and Kyle Barnes of the DWQ Washington 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. 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.cnr.state.nc.us/ncwetlands None Carolina An Equal Opportunity/Affirmative Action Employer - 50% Recycled/! 0% Post Consumer Paper River Bluffs Limited Partnerslup Page 2 of 2 Date: June 22, 2006 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. Ian McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBKlasc cc: Kyle Barnes, DWQ Washington Regional Office USACE Raleigh Regulatory Field Office File Copy Central Files Kevin Avolis, P.E.; Avolis Engineering; PO Box 15564; New Bern, NC 28561 Filename: 060920RiverBluffsSDVIH(Craven)On Hold Copy a[A@TH11WM3 5 JUN 2 X006 ?,? QENR-VdSTC. ,,.., AT nt??C UALITT JJ j V? ETI NOS `D TF4 oF?INA FRQ Pre-Construction Notification (PCN) Application Form v For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE) Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's (DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401 Water Quality Certification. The USACE Individual Permit application form is available online at w?v<v.saw.usace.army.mil/wetlands/Permits.html. The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide, Regional or General permits, and to determine which permit applies to your project, please go to the USACE website at www.saw.usace.army.miI/wetlands/index.htmi, or contact one of the field offices listed on page 3 of this application. The website also lists the responsible project manager for each county in North Carolina and provides additional information regarding the identification and regulation of wetlands and waters of the U.S. The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant which 401 Certification will apply until the 404 Permit type has been determined by the USACE. Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at http://h2o.enr.state.nc.us/ncwetiands to read about current requirements for the 401 Water Quality Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The applicant is also advised to read the full text of the General Certification (GC) matching the specific 404 Permit requested. In some cases, written approval for General Certifications is not required, provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should contact DWQ's Central Office in Raleigh at (919) 733-1786. Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC regional coordinator (listed by county on page 4 of this application) prior to submittal of the application. Page 1 of 1 Coastal Area Management Act (CAMA) Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of Coastal Management (DCM). DCM will determine whether or not the project is within a designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits. The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure that the proposed project will have no impact upon any endangered or threatened species or critical habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon any properties listed or eligible for listing on the National Register of Historic Places. Compliance with these regulations is required to be eligible for any Department of the Army permit. The addresses for both agencies are listed on page 3 of this application. USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms, photos, etc. to the applicable USACE Regulatory Field Office. Upon receipt of an application, the USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant to address information needs for all USACE Nationwide, Regional or General permits, as well as information required for State authorizations, certifications, and coordination. Fully providing the information requested on this form will result in a complete application for any of the USACE Nationwide, Regional or General permits. To review the minimum amount of information that must be provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 67 Fed. Reg. 2090 (Jan. 15, 2002), available at http://www.usace.army.mil/inet/functions/cw/cecwo/reg/2002nwpLpddf. Processing times vary by permit and begin once the application has been determined to be complete. Please contact the appropriate regulatory field office for specific answers to permit processing periods. 401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401 Certification, then a non-refundable application fee is required. In brief, if project impacts include less than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is required. A check made out to the North Carolina Division of Water Quality, with the specific name of the project or applicant identified, should be stapled to the front of the application package. For more information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetiands/fees.litml. The fee must be attached with the application unless the applicant is a federal agency in which case the check may be issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules, the application fee does not apply, and the applicant should clearly state (in a cover letter) that only Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional requested information, or denial. Page 2 of 2 US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell Swain US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg Transylvania 151 Patton Avenue Ashe Cherokee Iredell Mitchell Union Room 208 Avery Clay Jackson Polk Watauga Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey Telephone: (828) 271-7980 Burke Gaston Macon Rutherford Fax: (828) 281-8120 Cabarrus Graham Madison Stanley Raleigh Regulatory Field Office Alamance Franklin Nash Surry US Army Corps Of Engineers Caswell Forsyth Northampton Vance 6508 Falls of the Neuse Road Chatham Granville Orange Wake Suite 120 Davidson Guilford Person Warren Raleigh, NC 27615 Davie Halifax Randolph Wilkes Telephone: (919) 876-8441 Durham Johnston Rockingham Wilson Fax: (919) 876-5823 Edgecombe Lee Stokes Yadkin Washington Regulatory Field Office Beaufort Currituck Jones Pitt US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell Post Office Box 1000 Camden Gates Martin Washington Washington, NC 27889-1000 Carteret* Green Pamlico Wayne Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan Nati onal Forest Only Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland North Carolina State Agencies Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: (919) 733-1786 Fax: (919) 733-6893 US Fis US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 Division of Water Quality Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 Telephone: (919) 715-0476 Fax: (919) 715-2219 h and Wildlife Service / National M US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 258-3939 State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 733-4763 Fax: (919) 715-2671 arine Fisheries Service National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, NC 28516 Telephone: (252) 728-5090 Page 3 of 3 CAMA and NC Coastal Counties Division of Coastal Management Beaufort Chowan Hertford Pasquotank 1638 Mail Service Center Bertie Craven Hyde Pender Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell Fax: (919) 733-1495 Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Ashe Mitchell Wilkes Kernersville, NC 27284-9180 Avery Stokes Telephone: (336) 769-9453 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Fax: (828) 452-7772 Haywood McDowell Yancey APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1 - 4. Page 4 of 4 Office Use Only: Form Version March 05 n r 0 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: 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 her e-- R_21 P 11. Applicant Information -j- JUN 2 2006 1. Owner/Applicant Information A', ? ?, I)1„tih • y'r ki tii QUALITY Name: River Bluffs Limited Partnership T?y?.?j?a????? Mailing Address: P.O. BOX 25168 Winston Salem. NC 27114 Telephone Number: (252)638-3500 Fax Number: (252) 638-3695 E-mail Address: 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: Kevin Avolis, P. E. Company Affiliation: Avolis Engineering, P.A. Mailing Address: P.O. Box 15564 New Bern, NC 28561 Telephone Number: (252) 633-0068 Fax Number: (252) 633-6507 E-mail Address: avoliseng@lpmonline.net Page 5 of 5 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: River Bluffs Subdivision, Section VIII 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 7-049-002 4. Location County: Craven Nearest Town: New Bern Subdivision name (include phase/lot number): River Bluffs Directions to site (include road numbers/names, landmarks, etc.): Take US Highway 70 East from New Bern. Project is approximately 6.0 miles on left side of US Highway 70. 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°-0.036' ON 76°-58.007' °W 6. Property size (acres): 52.6 Acres 7. Name of nearest receiving body of water: Brices Creek 8. River Basin: Neuse (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: Existing land is covered with mature timber vegtation. Surrounding property is developed residentially or is vacant timberland Page 6 of 6 10. Describe the overall project in detail, including the type of equipment to be used: Project includes development of 54 lot subdivision, roads, utilities. Equiptment to be used include dozers, excavators, dump trucks. 11. Explain the purpose of the proposed work: Develop property for single family residential development. 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. Wetland delineation was confirmed by US Army Corps of Engineers, Washington Regional Office, Tracey Wheeler. 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 future permits anticipated. Phase VIII is last phase of subdivision. 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: Propose to impact 6,418 SF 0.15 acres of wetlands to create public road crossing and one driveway connection to public road. Page 7 of 7 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, se aratel list impacts due to both structure and flooding Wetland Impact Site Number indicate on ma ( P) 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) 1 Fill Forestead no > 500 0.15 Total Wetland Impact (acres) 0.15 3. List the total acreage (estimated) of all existing wetlands on the property: 5.0 acres 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 m» ltinly 1Pnoth X tx,;rlth rl,._ a;...A- i... n2 ccn Stream Impact Number (indicate on ma Stream Name ---- -----^ -f """' Type of Impact -' • •va ua Perennial or Intermittent? ?au ua, Lll\.11 U Average Stream Width Before Impart 1Y14V U 'YJ, Impact Length line feet JV V. Area of Impact aces NONE Total Stream Impact (by length and acreage) 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, dredainLy. flooding- drainnoP hnikhParlc Ptr Open Water Impact Site Number (indicate on ma Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, estuary, pond, sound, bay, ocean, etc.) Area of Impact (acres) NONE Total Open Water Impact (acres) Page 8 of 8 6. List the cumulative impact to all Waters of the U.S. resulting from the nrniPr.t- Stream Impact (acres : Wetland Impact (acres): 0.15 Open Water Impact (acres): --- Total Impact to Waters of the U.S. (acres) 0.15 Total Stream Impact (linear feet): --- 7. Isolated Waters Do any isolated waters exist on the property? ? Yes Q 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 N/A 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. subdivision roads designed to minimize impacts to wetlands. Roads were designed as cur-de-sacs to minimize impacts. 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 9 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/stn-n,gide.htm]. 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. Mitigation is proposed through payment to the North Carolina Ecosystem Enhancement Program. 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): --- 0.15 Page 10 of 10 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 FX] 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 DW - NONE 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 (Neuse), 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 multipliers. I I Im act Zone* kniinri- fPPt? . Multiplier I I Required 1 3 (2 for Catawba) 2 1.5 Total * 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 213.0242 or.0244, or.0260. N/A Page 1 I of I 1 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 roposed impervious level. Project percent impervious is 15.08% o total site area. Total proposed impervious is acres. Coastal Stormwater Permit application submitted to NMENR for approval. 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. All sewage disposal will be to public sewer operated by City of New Bern. 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 ?x 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). Stewart Smith, Partner -Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 f N ?. i?..?. .i?'v ?; r ??'., 357"x° ? ' A u dLW - fy + • c !f 7 7 -1435' 0,51 ' `CROAT NATIONAL ?'OtESTI, I J r PIN ?r Fist E.gnding Pt. 1 .? Has a- • . err a c? (D)1(verdale • S y 1 7 27 rtq i V - / • ` ti• ? r26 i . aye$` rp g?Sl- .. f ^? • f ?S'M: t- t , f< - V, A, i ER QUALITY ETL 222 223 224 eFsSS/O S _ ' 738/ !GINE? Shl? 3+75.49 !!1111 1P?```` + + + + + , + 3W 18" RCP 150 F SILT FENCE F c LO v a (2) FES u j PROPOSED AREA OF IMPACT = 6 418 SF (0.15AC) 3 - -_232 , 23 236 234 a 235 PLAN VI / ' SCALE: 100 AREA OF IMPACT 30 NISH GRA )E 28 6 26 0--84% - Nl1 6' - - - -' B t 24 WA FORM W 22 20 18 16 C9 N "') (3? M1 N N d' M1 N N Y7 M1 N N O M1 N N M1 N N W M1 N N aD N N M1 M1 N 2+00 3+00 4+00 5+00 PROFILE VIEW SCALE: 1"=60' AVOLIS ENGINEERING, P.A. ENLARGED VIEW WETLAND CROSSING #1 Civil and Environmental Engineering RIVER BLUFFS SUBDIVISION -PHASE VIII PO BOX 15564 NEW BERN , CAROLINA 28561 T P 4 PHON 52)633-6507 TOWNSHIP NO. 7, CRAVEN COUNTY LA? VF'E I l s,P?G ?';? 4Tt??'?;1°(?1 l.K ;?F?irfCN `???tunurrrr?? F,=F=. oESaRFrIOx BY DATE_ Revisions 4 ` s J J 9 :7 T- OV 1 SIZE 15738 I r?r l ?,O y,? v , vv i41 , OWft L:" Pwt-hip -7 DA P, P7 \ /f? y v v / I I an Ac < a y I T ?..uamm i? / / ° / I / \ ?A 1 I I :K I ? a pNkl A ?' 1?90 4 an v 57 K l (' ? *AMOS Cos= r ab n.11 µ I Ir ? ? I ? I ( 7Qpq 9 ip K I pp c rp ?cm LOV5Z I / I I cma vim / / 19yi6 / / JAN 2 N06 / A PRELIMIK Y PLAT Ct Ci SCALE _100' G? gSTORC;R QUALITY hINTTFRBRAtdCN iN?TI?D• n, ?? / / I 1 f I 1 n(9.a q / vc Q,a nn- Aaµ o?_. 77n ?{ I 1 _ -lw-m SF 1 stnµ .? m alaµ , \ P.C 1N-0 nB 4l 6fs / I \ / 1 n: µm .. ... • • • . . .• W am- µ naw , \ AY µ / o9?s n9sq m 1tl1 µ ?? a n17 w .,a r are 9m 9 hA m W m n, a a ai µ a vt Um me µ a 09s nl 69w 4Up 6u,µ n99µ as IEw an.a WMW ;n m nmµ sanµ a+_. new au ? e? v9µ x1n µ 151 m '4 na m ?? ? nt IIS µ as, s ni nl M11 µ 1aS1 µ a9 e. ??pow ? u4 \ ?s? a II t _ nWp a i 0Aw I 0.a4 1aA1w II art / J a1Y4 dTl is qm lLL as _. ? ? ? ?. -• - ? - 16, WW 9H; go MOD= A10 aa1 11_0191.51 . ImJa -W- 1 aI,M 9 1$X 6lS[ yn neBA1A n as o u ? a W a? w o?Zx E- z c cn o O V N d w E- 63 w z ^F Q Z W F v mW o ? z z o z ? E] Q C) ra?cz c> U x tnSp ? A viz Z ? 0. m a F z w L*] F R. 2 05129 J1;?? 2 2006 \o? I)ENJ-, - YVAi tK WAUTY I ytu rv+ca1'?tc}2 BRANCH 2f,() o 0720 \N A QG Pre-Construction Notification (PCN) Application Form For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE) Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's (DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401 Water Quality Certification. The USACE Individual Permit application form is available online at Nv«iv.saw.usace.anny.mil/wetlands/Permits html. The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide, Regional or General permits, and to determine which permit applies to your project, please go to the USACE website at www.saw.usace.army.miI/wetlands/index.htmi. or contact one of the field offices listed on page 3 of this application. The website also lists the responsible project manager for each county in North Carolina and provides additional information regarding the identification and regulation of wetlands and waters of the U.S. The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant which 401 Certification will apply until the 404 Permit type has been determined by the USACE. Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at http:/ih2o.enr.state.nc.us/ncwetiands to read about current requirements for the 401 Water Quality Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The applicant is also advised to read the full text of the General Certification (GC) matching the specific 404 Permit requested. In some cases, written approval for General Certifications is not required, provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should contact DWQ's Central Office in Raleigh at (919) 733-1786. Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC regional coordinator (listed by county on page 4 of this application) prior to submittal of the application. Page 1 of 1 Coastal Area Management Act (CAMA) Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of Coastal Management (DCM). DCM will determine whether or not the project is within a designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits. The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure that the proposed project will have no impact upon any endangered or threatened species or critical habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon any properties listed or eligible for listing on the National Register of Historic Places. Compliance with these regulations is required to be eligible for any Department of the Army permit. The addresses for both agencies are listed on page 3 of this application. USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms, photos, etc. to the applicable USACE Regulatory Field Office. Upon receipt of an application, the USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant to address information needs for all USACE Nationwide, Regional or General permits, as well as information required for State authorizations, certifications, and coordination. Fully providing the information requested on this form will result in a complete application for any of the USACE Nationwide, Regional or General permits. To review the minimum amount of information that must be provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 67 Fed. Reg. 2090 (Jan. 15, 2002), available at http://,,v vw.usace.army.miI/inet/functions/cw/cecwo/reg/2002nwps pdf. Processing times vary by permit and begin once the application has been determined to be complete. Please contact the appropriate regulatory field office for specific answers to permit processing periods. 401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401 Certification, then a non-refundable application fee is required. In brief, if project impacts include less than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is required. A check made out to the North Carolina Division of Water Quality, with the specific name of the project or applicant identified, should be stapled to the front of the application package. For more information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwet]ands/fees.litm1. The fee must be attached with the application unless the applicant is a federal agency in which case the check may be issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules, the application fee does not apply, and the applicant should clearly state (in a cover letter) that only Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional requested information, or denial. Page 2 of 2 US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell Swain US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg Transylvania 151 Patton Avenue Ashe Cherokee Iredell Mitchell Union Room 208 Avery Clay Jackson Polk Watauga Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey Telephone: (828) 271-7980 Burke Gaston Macon Rutherford Fax: (828) 281-8120 Cabarrus Graham Madison Stanley Raleigh Regulatory Field Office Alamance Franklin Nash Surry US Army Corps Of Engineers Caswell Forsyth Northampton Vance 6508 Falls of the Neuse Road Chatham Granville Orange Wake Suite 120 Davidson Guilford Person Warren Raleigh, NC 27615 Davie Halifax Randolph Wilkes Telephone: (919) 876-8441 Durham Johnston Rockingham Wilson Fax: (919) 876-5823 Edgecombe Lee Stokes Yadkin Washington Regulatory Field Office Beaufort Currituck Jones Pitt US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell Post Office Box 1000 Camden Gates Martin Washington Washington, NC 27889-1000 Carteret* Green Pamlico Wayne Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan Nati onal Forest Only Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland North Carolina State Agencies Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: (919) 733-1786 Fax: (919) 733-6893 US Fis US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 Division of Water Quality Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 Telephone: (919) 715-0476 Fax: (919) 715-2219 h and Wildlife Service / National M US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 258-3939 State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 733-4763 Fax: (919) 715-2671 arine Fisheries Service National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, NC 28516 Telephone: (252) 728-5090 Page 3 of 3 CAMA and NC Coastal Counties Division of Coastal Management Beaufort Chowan Hertford Pasquotank 1638 Mail Service Center Bertie Craven Hyde Pender Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell Fax: (919) 733-1495 Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Ashe Mitchell Wilkes Kemersville, NC 27284-9180 Avery Stokes Telephone: (336) 769-9453 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Fax: (828) 452-7772 Haywood McDowell Yancey APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1- 4. Page 4 of 4 Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. 1. II. kit any parncuiar Item is not applicable to this project, please enter "Not Applicable" or "N/A".) Processing Z rt? r" . 1' ELI '. Lu 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules Fx] 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: 'i I 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: F1 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: Applicant Information 9 1. Owner/Applicant Information Name: River Bluffs Limited Partnership r•??? ,.;?tta trit?itAhCN Mailing Address: P.O. BOX 25168 Winston Salem, NC 27114 Telephone Number: (252)638-3500 Fax Number: E-mail Address: (252)638-3695 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: Kevin Avolis, P.E. Company Affiliation: Avolis Engineering, P.A. Mailing Address: P.O. Box 15564 New Bern, NC 28561 Telephone Number: (252) 633-0068 Fax Number: (252) 633-6507 E-mail Address: avoliseng@lpmonline.net Page 5 of 5 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: River Bluffs Subdivision. Section VIII 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 7-049-002 4. Location County: Craven Nearest Town: New Bern Subdivision name (include phase/] ot number): River Bluffs Directions to site (include road numbers/names, landmarks, etc.): Take US Highway 70 East from New Bern. Project is approximately 6.0 miles on left side of US Highway 70. 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°-0.036' ON 76°-58.007' °W 6. Property size (acres): 52.6 Acres 7. Name of nearest receiving body of water: Brices Creek 8. River Basin: Neuse (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/adinin/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: Existing land is covered with mature timber vegtation. Surrounding property is developed residentially or is vacant timberland Page 6 of 6 10. Describe the overall project in detail, including the type of equipment to be used: Project includes development of 54 lot subdivision, roads, utilities. Equiptment to be used include dozers, excavators, dump trucks. 11. Explain the purpose of the proposed work: Develop property for single family residential development. 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. Wetland delineation was confirmed by us Army Corps of Encrineers. Washington Regional office, Tracey Wheeler. 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 future permits anticipated Phase VIII is last phase of subdivision 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: Propose to impact 6, 418 SF 0.15 acres of wetlands to create public road crossing and one driveway connection to public road. Page 7 of 7 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) 1 Fill Forestead no > 500 0.15 Total Wetland Impact (acres) 0.15 3. List the total acreage (estimated) of all existing wetlands on the property: 5.0 acres 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) NONE Total Stream Impact (by length and acreage) 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) NONE Total Open Water Impact (acres) Page 8 of 8 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): --- Wetland Impact (acres : 0.15 Open Water Impact (acres): --- Total Impact to Waters of the U.S. (acres) 0.15 Total Stream Impact (linear feet): --- 7. Isolated Waters Do any isolated waters exist on the property? ? Yes 0 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 N/A 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. Subdivision roads designed to minimize impacts to wetlands. Roads were designed as cul-de-sacs to minimize impacts. 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 9 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/stnnizide.hti-nl. 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. Mitigation is proposed through payment to the North Carolina Ecosystem Enhancement Program. 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.ne.us/wM/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): --- 0.15 Page 10 of 10 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 Fx] 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) NONE 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. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Neuse), 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. * Impact Required Zone 1-..._o 4,-, . Multiplier 3 (2 for Catawba) 1.5 Total * 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. N/A Page 11 of 11 a . 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 roposed impervious level. Project percent impervious is 15.08% o total site area. Total proposed impervious is 7.93 acres. Coastal Stormwater Permit application submitted to NCDENR for approval. 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. All sewage disposal will be to public sewer operated by City of New Bern. 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 ?X 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://h2 o.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). Applica-nt/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 r % i r?3 USK ` f ARIftr N35'O.5' J:-...-._ -__ i' '.1..£, _._____ ( .._ - _. ..__ ._.?-• t _ _ 1'-"- ._ -__ _.. _..- __ _._ '? 1 f f a' L I 1 BOAT \NATIONAL s VOIMT _ E ( rf! 1, A ° `t Mr Landing Pt 1.. ?• we ale s ' ! s 27 • i \ ? R N34`-59.5 - . 29 .? •? 4.1,1 a? ^` ?? o O fit:. f 7 15 I I tai t Ft i - 4 1 F 77, 1 ^ 11 y .•.• ! ? ? )?.., ? fry ? a, t " l1V uF-WR - WATER QUALITYCH 11ANOS WD SjoRtAV4MER SRF P7r+ x � �� �, � Q 222 223 224 ♦ a IIi/If 1 i S 73810 ii�♦♦�\ + + 3 18 -49 1 F SILT FENCE F 4 C 1� (2) FES a PROPOSED AREA OF j IMPACT = 6,418 SF (0.15AC) - — 232 233 236 � 234 \ 1 235 PLAN VI SCALE: =100' AREA OF IMPACT 30 28 NISH E 8 — 26 FE; -- N D 24 12 wN 20 18 16 i n a r � � N N N N N N N N N N N N N N n N N 2+00 3+00 4+00 5+00 PROFILE VIEW SCALE: 1'=60' AVOLIS ENGINEERING, P.A. ENLARGED VIEW WETLAND CROSSING #1RIVER Civil and Environmental Engineering PO BOX 15564 NEW BERN, NORTH CAROLINA 28561 BLUFFS SUBDIVISION - PHASE VIII PHONE: (252)633-0068, FAX (252)633-6507 TOWNSHIP NO. 7, CRAVEN COUNTY 11C A 1. DE5 1 BY DATE \\A O( Revisions ,y n ni- can 31!M S p / I eF?l 01! 6 Sl Fll 673 S a / W B A1H i °WAN) w 2ZM SII K `g I p/ l AF/ %CESSM r / SiAI M na w / /? anB® 1 ? awsA i ? Anna 1 a.-Ax l II 332,M SF B?ngrr I r Il I I / 3.1 MM "x ? I Ac anc w. Bvw -71 MZ= I I / I / lalro{ / I cam am acm A PREUYIWRY PLAT Cl Cl ? i.-100' / n? / I N, 2 2006 amµ nu .. I m smp 11 m I Sl9R M n1 w at aaAq ov I m a? 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VI A "r?F?4 Pre-Construction Notification (PCN) Application Form ??QG 11r For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE) Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's (DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401 Water Quality Certification. The USACE Individual Permit application form is available online at www.saw.usace.army.mil/wetlands/Permits.html. The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide, Regional or General permits, and to determine which permit applies to your project, please go to the USACE website at www.saw.usace.army.miI/wetlands/index.html, or contact one of the field offices listed on page 3 of this application. The website also lists the responsible project manager for each county in North Carolina and provides additional information regarding the identification and regulation of wetlands and waters of the U.S. The DWQ issues a corresponding Certification (General, or Individual), and cannot tell the applicant which 401 Certification will apply until the 404 Permit type has been determined by the USACE. Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The applicant is also advised to read the full text of the General Certification (GC) matching the specific 404 Permit requested. In some cases, written approval for General Certifications is not required, provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should contact DWQ's Central Office in Raleigh at (919) 733-1786. Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC regional coordinator (listed by county on page 4 of this application) prior to submittal of the application. Page 1 of 1 Coastal Area Management Act (CAMA) Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of Coastal Management (DCM). DCM will determine whether or not the project is within a designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits. The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure that the proposed project will have no impact upon any endangered or threatened species or critical habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon any properties listed or eligible for listing on the National Register of Historic Places. Compliance with these regulations is required to be eligible for any Department of the Army permit. The addresses for both agencies are listed on page 3 of this application. USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms, photos, etc. to the applicable USACE Regulatory Field Office. Upon receipt of an application, the USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant to address information needs for all USACE Nationwide, Regional or General permits, as well as information required for State authorizations, certifications, and coordination. Fully providing the information requested on this form will result in a complete application for any of the USACE Nationwide, Regional or General permits. To review the minimum amount of information that must be provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 67 Fed. Reg. 2090 (Jan. 15, 2002), available at http://wNv-%v.usace.army.miI/inet/functions/cw/cecwo/ree/2002nwpss.pdf. Processing times vary by permit and begin once the application has been determined to be complete. Please contact the appropriate regulatory field office for specific answers to permit processing periods. 401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401 Certification, then a non-refundable application fee is required. In brief, if project impacts include less than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is required. A check made out to the North Carolina Division of Water Quality, with the specific name of the project or applicant identified, should be stapled to the front of the application package. For more information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetlands/fees.htm]. The fee must be attached with the application unless the applicant is a federal agency in which case the check may be issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules, the application fee does not apply, and the applicant should clearly state (in a cover letter) that only Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional requested information, or denial. Page 2 of 2 US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell Swain US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg Transylvania 151 Patton Avenue Ashe Cherokee Iredell Mitchell Union Room 208 Avery Clay Jackson Polk Watauga Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey Telephone: (828) 271-7980 Burke Gaston Macon Rutherford Fax: (828) 281-8120 Cabarrus Graham Madison Stanley Raleigh Regulatory Field Office Alamance Franklin Nash Surry US Army Corps Of Engineers Caswell Forsyth Northampton Vance 6508 Falls of the Neuse Road Chatham Granville Orange Wake Suite 120 Davidson Guilford Person Warren Raleigh, NC 27615 Davie Halifax Randolph Wilkes Telephone: (919) 876-8441 Durham Johnston Rockingham Wilson Fax: (919) 876-5823 Edgecombe Lee Stokes Yadkin Washington Regulatory Field Office Beaufort Currituck Jones Pitt US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell Post Office Box 1000 Camden Gates Martin Washington Washington, NC 27889-1000 Carteret* Green Pamlico Wayne Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan Nati onal Forest Only Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland North Carolina State Agencies Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: (919) 733-1786 Fax: (919) 733-6893 . US Fis US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 Division of Water Quality Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 Telephone: (919) 715-0476 Fax: (919) 715-2219 h and Wildlife Service / National M US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 258-3939 State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 733-4763 Fax: (919) 715-2671 arine Fisheries Service National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, NC 28516 Telephone: (252) 728-5090 Page 3 of 3 CAMA and NC Coastal Counties Division of Coastal Management Beaufort Chowan Hertford Pasquotank 1638 Mail Service Center Bertie Craven Hyde Pender Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell Fax: (919) 733-1495 Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Ashe Mitchell Wilkes Kernersville, NC 27284-9180 Avery Stokes Telephone: (336) 769-9453 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Fax: (828) 452-7772 Haywood McDowell Yancey APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1 - 4. Page 4 of 4 Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. to any panicular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing i ; 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: -19-- )Lt 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: ?x 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 Manag Environmental Concern (see the top of page 2 for further details), check here: `=? f? II. Applicant Information JUN' 2 2006 ?r- ?h?, t?EIVr?.V,,A, 1. Owner/Applicant Information JG" T cM Name: River Bluffs Limited Partnership Mailing Address: P.O. BOX 25168 Winston Salem, NC 27114 Telephone Number: (252) 638-3500 Fax Number: (252) 638-3695 E-mail Address: 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: Kevin Avolis, P.E. Company Affiliation: Avolis Engineering, P.A. Mailing Address: P.O. Box 15564 New Bern, NC 28561 Telephone Number: (252) 633-0068 Fax Number: (252) 633-6507 E-mail Address: avoliseng@lpmonline.net Page 5 of 5 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: River Bluffs Subdivision. Section VIII 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN) 4. Location County: Craven 7-049-002 Nearest Town: New Bern Subdivision name (include phase/lot number): River Bluffs Directions to site (include road numbers/names, landmarks, etc.): Take US Highway 70 East from New Bern. Project is approximately 6.0 miles on left side of US Highway 70. 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°-0.036' ON 76°-58.007' ow 6. Property size (acres): 52.6 Acres Name of nearest receiving body of water: Brices Creek 8. River Basin: Neuse (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: Existing land is covered with mature timber vegtation. Surrounding property is developed residentially or is vacant timberland Page 6 of 6 10. Describe the overall project in detail, including the type of equipment to be used: Project includes development of 54 lot subdivision, roads, utilities. Equiptment to be used include dozers, excavators, dump trucks. 11. Explain the purpose of the proposed work: Develop property for single family residential development. 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. Wetland delineation was confirmed by Us Army Corps of Engineers, Washington Regional office, Tracey Wheeler. 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 future permits anticipated. Phase VIII is last phase of subdivision. 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: Propose to impact 6, 418 SF 0.15 acres of wetlands to create public road crossing and one driveway connection to public road. Page 7 of 7 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) 1 Fill Forestead no > 500 0.15 Total Wetland Impact (acres) 0.15 3. List the total acreage (estimated) of all existing wetlands on the property: 5.0 acres 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 NONE Total Stream Impact (by length and acreage) 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) NONE Total Open Water Impact (acres) Page 8 of 8 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): --- Wetland Impact acres): 0.15 Open Water Impact (acres): --- Total Impact to Waters of the U.S. (acres) 0.15 Total Stream Impact (linear feet): --- 7. Isolated Waters Do any isolated waters exist on the property? ? Yes 0 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 N/A 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. Subdivision roads designed to minimize impacts to wetlands. Roads were designed as cul-de-sacs to minimize impacts. 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 9 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/strmside.htmi. 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. Mitigation is proposed through payment to the North Carolina Ecosystem Enhancement Program. 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.ne.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): 0.15 Amount of Coastal wetland mitigation requested (acres): --- Page 10 of 10 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) fiends or the use of public (federal/state) land? Yes ? No Fx] 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) NONE 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 V 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. I I Zone* Impact Multiplier Required (souare feed Mitigation I I I 13 (2 for Catawba) I 2 1.5 Total I I • 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. N/A Page 1 I of 11 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. Project percent impervious is 15.08% o total site area. Total proposed impervious is acres. Coastal Stormwater Permit application submitted to NCDEN2 for approval. 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. All sewage disposal will be to public sewer operated by City of New Bern. 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/ncwet] ands. 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). Applica-dt/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 % l! i 1? ? t t r -4l' r i?•? 5- ?5 N.t 6 I ?Lw '? i I MFR i I y? ?_•,s`-----`._.? t t I r 4 •? _ c' ?t ' % r ! ,I --CROAT -NNATIONAL i OOMT- n I I?Pll dn Pt E.BI! i .• .: tip- :. _. ,". .,. ~., f k <Y - i`; / verdale ._N344595 h. 40 oo? ilk 29 1 ,`-?f,• -gip` -! (r- } s ! 1 V \ ?•'• S' V A ? . J •° t kju, W. r D s . V M 1 7 JINN 2 2006 I. - ?,-a1:,R QUALITY L I n s W Q yTi z,;. "pt 7' R BRMCN ? ' ? ? 222 Q 223 224 , \\'1111111111f 11 o S y 738 ,n I NE. o fV ,N,P\\??`?`?\ "`??? + + + + ?7? 1 F SILT FENCE ? L w l + + FES () o + + ? + PROPOSED AREA OF r' - - 232 IMPACT = 6,418 SF (0.15AC) 23 236 234 ( 235 + \ PLAN VIEW SCALE: P=100' AREA OF IMPACT 30 NISH G E 28 tx] INU k--- 8 26 0.84% - t[lr 6" - M FE ?? N 24 yaw FOW 22 20 18 16 00 lf1 N h M1 tf7 N N W' Q M1 tO N N Y7 h h N N N t0 ? M1 I(' N N M1 m M1 (") N N ? h N N 1D N ? N h ?° h M1 N 2+00 3+00 4+00 5+00 PROFILE VIEW SCALE: 1"=60' AVOLIS ENGINEERING, P.A. ENLARGED VIEW WETLAND CROSSING #1 Civil ond Environmental Engineering RIVER B PO BOX 15564 4 NEW BERN, NORTH CAROLINA 28561 LUFFS SUBDIVISION - PHASE VIII PHONE: (252)633-0068, FAX (252)633-6507 TOWNSHIP NO. 7, CRAVEN COUNTY ?y( ?d r -, \ CAR p ii NO. DESDWRON BY IATE Revisions `•'''ESS/0•-/ 15738 \ - \ _ ^ - \ - - I'("`c a tome e, M1 aY /, ? I mom AD mvnn am ( K a,ic Pc c. ?8/ R? , m , IM S?mf -° \/• \Y) n r-j 9 Z! ? ?f? \??( l I l / `\ ,( 1 \ 1? ??? -ter J? l yen / I•? \ r *AMOS =S9 P.C G ?11•s-[ 1 / I n? aim y _ _ _ . `\ ` P c 5 4? 1Dµ ? ` le cl/ I ? AfEµ ww ? ? ? ? ? m ? ?l asw ? ? -???p?\ ? a"'+n 1 nn we tr 1 A ?? l / II nao.,a \ avw \ and wG . . ?9 I nv i ? ? -f ?, ? 7b51C ? I /? ? Sc14. faf 1 a„w ?\ . I / 9XGL 9 191 ?p / \ P.C f.. 9..Fa1 / T . . `... ' • ' .....' • .... ` / ]II fAI IF m.n wi gum mm p as / I ` / n90 anan aaa ` no wa hw uoy77t 7.1A K I/ , ? 1 naw ! I n wa ` naw u„tiµ „lsp ... .............. aw w na w I 3R" _ // m 4144 M. 4141 n np nn 2U" sfl ? . . R? 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O 3 ( O w ? x 2 05129 i o ??rm p JUN 2 2006 DENR - WATER QUALITY WETLAND5..AND STORI'MATER 8RAL'sCt1 \ NA TF?Q ? r > Q 'Rx i?etS?e iv 2 ti Pre-Construction Notification (PCN) Application Form For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE) Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's (DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401 Water Quality Certification. The USACE Individual Permit application form is available online at www.saw.usace.army.mi]/wetlands/Permits.htm1. The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide, Regional or General permits, and to determine which permit applies to your project, please go to the USACE website at www.saw.usace.army.miI/wetlands/index.htmi, or contact one of the field offices listed on page 3 of this application. The website also lists the responsible project manager for each county in North Carolina and provides additional information regarding the identification and regulation of wetlands and waters of the U.S. The DWQ issues a corresponding Certification (General, or Individual), and cannot tell the applicant which 401 Certification will apply until the 404 Permit type has been determined by the USACE. Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at http://h2o.enr.state.nc.us/ncwetiands to read about current requirements for the 401 Water Quality Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The applicant is also advised to read the full text of the General Certification (GC) matching the specific 404 Permit requested. In some cases, written approval for General Certifications is not required, provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should contact DWQ's Central Office in Raleigh at (919) 733-1786. Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC regional coordinator (listed by county on page 4 of this application) prior to submittal of the application. Page 1 of 1 Coastal Area Management Act (CAMA) Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of Coastal Management (DCM). DCM will determine whether or not the project is within a designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits. The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure that the proposed project will have no impact upon any endangered or threatened species or critical habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon any properties listed or eligible for listing on the National Register of Historic Places. Compliance with these regulations is required to be eligible for any Department of the Army permit. The addresses for both agencies are listed on page 3 of this application. USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms, photos, etc. to the applicable USACE Regulatory Field Office. Upon receipt of an application, the USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant to address information needs for all USACE Nationwide, Regional or General permits, as well as information required for State authorizations, certifications, and coordination. Fully providing the information requested on this form will result in a complete application for any of the USACE Nationwide, Regional or General permits. To review the minimum amount of information that must be provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 67 Fed. Reg. 2090 (Jan. 15, 2002), available at http://\v,vw.usace.army.mil/inet/functions/cw/cecwo/reg/2002nwps.pdf. Processing times vary by permit and begin once the application has been determined to be complete. Please contact the appropriate regulatory field office for specific answers to permit processing periods. 401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401 Certification, then a non-refundable application fee is required. In brief, if project impacts include less than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is required. A check made out to the North Carolina Division of Water Quality, with the specific name of the project or applicant identified, should be stapled to the front of the application package. For more information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetiands/fees.litin1. The fee must be attached with the application unless the applicant is a federal agency in which case the check may be issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules, the application fee does not apply, and the applicant should clearly state (in a cover letter) that only Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional requested information, or denial. Page 2 of 2 US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell Swain US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg Transylvania 151 Patton Avenue Ashe Cherokee Iredell Mitchell Union Room 208 Avery Clay Jackson Polk Watauga Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey Telephone: (828) 271-7980 Burke Gaston Macon Rutherford Fax: (828) 281-8120 Cabarrus Graham Madison Stanley Raleigh Regulatory Field Office Alamance Franklin Nash Surry US Army Corps Of Engineers Caswell Forsyth Northampton Vance 6508 Falls of the Neuse Road Chatham Granville Orange Wake Suite 120 Davidson Guilford Person Warren Raleigh, NC 27615 Davie Halifax Randolph Wilkes Telephone: (919) 876-8441 Durham Johnston Rockingham Wilson Fax: (919) 876-5823 Edgecombe Lee Stokes Yadkin Washington Regulatory Field Office Beaufort Currituck Jones Pitt US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell Post Office Box 1000 Camden Gates Martin Washington Washington, NC 27889-1000 Carteret* Green Pamlico Wayne Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland North Carolina State Agencies Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: (919) 733-1786 Fax: (919) 733-6893 US Fis US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 Division of Water Quality Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 Telephone: (919) 715-0476 Fax: (919) 715-2219 h and Wildlife Service J National M US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 258-3939 State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 733-4763 Fax: (919) 715-2671 arine Fisheries Service National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, NC 28516 Telephone: (252) 728-5090 Page 3 of 3 CAMA and NC Coastal Counties Division of Coastal Management Beaufort Chowan Hertford Pasquotank 1638 Mail Service Center Bertie Craven Hyde Pender Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell Fax: (919) 733-1495 Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Ashe Mitchell Wilkes Kemersville, NC 27284-9180 Avery Stokes Telephone: (336) 769-9453 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Fax: (828) 452-7772 Haywood McDowell Yancey APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1- 4. Page 4 of 4 Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. (1f 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:a ® Section 404 Permit ? Riparian or Watershed Buffer Rules El 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: `4D-' Pf 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: ?x 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 Managem t Area of r==' 'f1 Environmental Concern (see the top of page 2 for further details), check here: DK_? l;J F II. Applicant Information BUJ JUN 2 204 1. Owner/Applicant Information DE NI = Fyn r' r '1MI"Tl?tp.FS{?} .tc°ai,ly%t?.}}l?????7? Name: River Bluffs Limited Partnership Mailing Address: P.O. BOX 25168 Winston Salem, NC 27114 Telephone Number: (252) 638-3500 Fax Number: (252)638-3695 E-mail Address: 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: Kevin Avolis, P.E. Company Affiliation: Avolis Engineering, P.A. Mailing Address: P.O. Box 15564 New Bern, NC 28561 Telephone Number: (252) 633-0068 Fax Number: (252) 633-6507 E-mail Address: avoliseng@lpmonline.net Page 5 of 5 111. 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: River Bluffs Subdivision. Section VIII 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 7-049-002 4. Location County: Craven Nearest Town: New Bern Subdivision name (include phase/lot number): River Bluffs Directions to site (include road numbers/names, landmarks, etc.): Take US Highway 70 East from New Bern. Project is approximately 6.0 miles on left side of US Highway 70. 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°-0.036' ON 76°-58.007' ow 6. Property size (acres): 52.6 Acres 7. Name of nearest receiving body of water: Brices Creek 8. River Basin: Neuse (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/adinin/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: _ Existing land is covered with mature timber vegtation. Surrounding property is developed residentially or is vacant timberland Page 6 of 6 10. Describe the overall project in detail, including the type of equipment to be used: Project includes development of 54 lot subdivision, roads, utilities. Equiptment to be used include dozers, excavators, dump trucks. 11. Explain the purpose of the proposed work: Develop property for single family residential development. 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. Wetland delineation was confirmed by US Army Corps of Encrineers. Washington Regional Office, Tracey Wheeler. 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 future permits anticipated. Phase VIII is last phase of subdivision. 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: Propose to impact 6, 418 SF 0.15 acres of wetlands to create public road crossing and one driveway connection to public road. Page 7 of 7 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) 1 Fill Forestead no > 500 0.15 Total Wetland Impact (acres) 0.15 3. List the total acreage (estimated) of all existing wetlands on the property: 5.0 acres 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 acreap-e, 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) NONE Total Stream Impact (by length and acreage) 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, floodin , 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) NONE Total Open Water Impact (acres) Page 8 of 8 6. List the cumulative impact to all Waters of the U.S. resultine from the nroiect: Stream Impact (acres : --- Wetland Impact (acres : 0.15 O en Water impact (acres): --- Total Impact to Waters of the U.S. (acres) 0.15 Total Stream Impact (linear feet): --- 7. Isolated Waters Do any isolated waters exist on the property? ? Yes Q 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 N/A 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. Subdivision roads designed to minimize impacts to wetlands. Roads were designed as cul-de-sacs to minimize impacts. 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 9 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/ncwetiands/stnn2ide.hti-ni. 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. Mitigation is proposed through payment to the North Carolina Ecosystem Enhancement Program. 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): 0.15 Amount of Coastal wetland mitigation requested (acres): --- Page 10 of 10 IX. X. 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 ? 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 Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) NONE 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. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 213 .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. 3. Zone* Impact . Multiplier Required (square feet 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. If buffer mitigation is required, please discuss what Donation of Property, Riparian Buffer Restoration Riparian Buffer Restoration Fund). Please attach all within 15A NCAC 2B .0242 or.0244, or.0260. N/A type of mitigation is proposed (i.e., Enhancement, or Payment into the appropriate information as identified Page I 1 of 11 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. Project percent impervious is 15.08% o total site area. Total proposed impervious is acres. Coastal Stormwater Permit application submitted to N®EMR for approval. 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. All sewage disposal will be to public sewer operated by City of New Bern. 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). Applica-At/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 ' a ?r > tyi :? •} l (? r.{}::.' 1 i11- o l i• - OiW? - y ?•? iii • ?' '? .3/ 1, ? -?? of ; ;?1 p ? ? ? }. .J U '' { 'CROATAN s 1NATIONAL 11 t[ I ` Irl f , ?u { d i i s 'mr 'f ?Fisher Landing Pt`. / F 22 vet 2le v C)l ` Qv ?? as / x i= 27 l I : 1 .? t i l• -IJ34 59.5 h;- d0-- --?.•e? L?? -- ?_??.. u. \25 v\• ? C. 'tS?.u tLl jlj\ t r B wvm nv- _- _ I JUN 2 2006 C%r:tnFt •.. - `rr?l7 iZ Ci<tALtTY 4- ?? 224 222 Q 223 ,*""CAR . - S r \ `Y ..-may 73 f 18 0 75.49 15 ? F SILT FENCE 10 t 30f I (2) 4 C d I + + 4 j PROPOSED AREA OF _ 232 IMPACT = 6,418 SF (0.15AC) X 236 234 / 235 a a PLAN VI W / SCALE: "=100' AREA OF IMPACT 30 NISH G E 28 26 GRAI * (21fl 8 i - _ wt- flfT 24 ww ' 22 20 18 16 I N N N N N N N N N N N w N N co N N 2+00 3+00 4+00 5+00 PROFILE VIEW SCALE: 1 °=60' AVOLIS ENGINEERING' P.A. 1 ENLARGED VIEW WETLAND CROSSING #1 Civil and Environmental Engineering RIVER B PO BOX 15564 4 NEW BERN, , NORTH CAROLINA 28561 LUFFS SUBDIVISION - PHASE VIII PHONE: (252)633-0068, FAX (252)633-6507 TOWNSHIP NO. 7, CRAVEN COUNTY ?l II I can" . 11)Y Y . do 4 ? ? ? IILr?/tYR J, / FOM 4 1llltl 4 /' S7 4 I //I » / en m • ?Itwas arc ?? / / 113 / Lfi µ anm I \ 1 Yen eemv I I / I I lMlft<l e I ?ff Eu®1[Y9 7514 AYaswfmE,7? / I u1SpE / I ?x / I Gnm Q"N Oc= 11C1 Cl scut i'=100m A PREUMIWY PLAT a.M .e u. m s!µ 0.f w nm,µ ..m m II!E µ 1A >1A µ ev m \Ai1C gR0N0. 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Q ca. vz z z W a P. z w W F '? a Y Y 2 05129 % } Z. May 30, 2006 AVOLIS ENGINEERING, P.A. P.O. Box 15564 • New Bern, North Carolina 28561 • (252) 633-0068 Ms. Cindy Karoly Supervisor 401 Oversight/Express Review Permitting Unit NCDENR - Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 RE: River Bluffs Subdivision, Phase VIII Craven County, North Carolina AE Project No. 05129 20060820 JUN 21 DFt;n' . 2;. Gentlemen: Attached please find a 401 Water Quality Certification application for the referenced project consisting of the following: • Permit Application (Seven Copies) • Project Plans (Seven Copies) • USGS Map (Seven Copies) NC EEP Approval • Permit Fee $200 It is requested that you review the attached permit application 401 Water Quality Certification for the proposed impact. If you should have any questions or need any additional infor please do not hesitate to call. svstem oif, U. 2_ - PROGRAM Kevin. Avolis Avolis Engineering POB 15564 New Bern, NC 28561 May 12, 2006 Project: River Bluffs Subdivision, Phase VIII County: Craven The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that _ the payment will be approved by the permit issuing agencies-as mitigation for_ project impacts. it i_the zesponsibility of the - _ applicant to contact these agencies to determine if payment to the NC EEP will be approved. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 PermitA01 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401 Certification an invoice will be issued and payment must be made. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. River Basin Wetlands Stream Buffer Buffer Cataloging (Acres) (Linear Feet) Zone 1 Zone 2 Unit (Sq. Ft.) (Sq. Ft.) Riparian Non-Riparian Coastal Marsh Cold Cool Warm Neuse 0 0.15 0 0 0 0 0 0 03020204 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Chris Mankoff at (919) 716-1921. i eel , Foy William D. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Doug Huggett, Division of Coastal Management Scott Jones, USACE - Washington Kyle Barnes, DWQ Regional Office - Washington File Protect&,tJ Our.fta& MUM North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www.nceep.net P't Y Ecos stem PROGRAM Kevin. Avolis Avolis Engineering POB 15564 New Bern, NC 28561 May 12, 2006 Project: River Bluffs Subdivision, Phase VIII County: Craven p@r4DWRP MAY 3 0 2006 DENR - WATER QUALITY AETLANDSAND STORMWATER BRANCH The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NC EEP will be approved. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the 404/401/LAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401 Certification an invoice will be issued and payment must be made. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. River Basin Wetlands Stream Buffer Buffer Cataloging (Acres) (Linear Feet) Zone 1 Zone 2 Unit (Sq. Ft.) (Sq. Ft.) Riparian Non-Ri arian Coastal Marsh Cold Cool Warm Neuse 0 0.15 0 0 0 0 0 0 03020204 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Chris Mankoff at (919) 716-1921. t e el del faz William D. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Doug Huggett, Division of Coastal Management Scott Jones, USACE - Washington Kyle Barnes, DWQ Regional Office - Washington File R "t riptg... ... Protect our state ern MUM North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net Re: River Bluffs SD r . - Subject: Re: River Bluffs SD From: "Avolis Engineering, P.A." <avoliseng@lpmonline.net> Date: Fri, 9 Jun 2006 09:05:55 -0400 To: "Laurie Dennison" <laurie.j.dennison@ncmail.net> Please find below the information requested... Mr. John T. Eagan, Jr. River Bluffs Limited Partnership P.O. Box 25168 Winston-Salem, NC 27114-5168 336-765-6551 Office 336-765-3831 Fax OU-aR2-%D Beth ----- Original Message ----- From: "Laurie Dennison" <laurie.j.dennison@ncmail.net> To: <avoliseng@lpmonline.net> Sent: Thursday, June 08, 2006 3:40 PM Subject: RE: River Bluffs SD DWQ is in need of an individuals name associated with River Bluffs Limited Partnership (as permit owner/applicant) to enter the 401 Water Quality Certification permit application into the database. Please reply to this email with that information at your earliest convenience. Thank you, Laurie Dennison Administrative Assistant DENR-DWQ Wetlands/401 Unit 1 of 1 6/9/2006 9:23 AM RE: River Bluffs SD _ P Subject: RE: River Bluffs SD From: Laurie Dennison <laurie.j.dennison@ncmail.net> Date: Thu, 08 Jun 2006 15:40:50 -0400 To: avoliseng@lpmonline.net DWQ is in need of an individual's name associated with River Bluffs Limited Partnership (as permit owner/applicant) to enter the 401 Water Quality Certification permit application into the database. Please reply to this email with that information at your earliest convenience. Thank you, Laurie Dennison Administrative Assistant DENR-DWQ Wetlands/401 Unit loft DWQ# O Plan Detail Incomplete Date lI/ ' 2 b -13- Who Reviewed: ? Please provide a location map for the project. ? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan. ? Please show all wetland impacts including fill slopes on the site plan. )C? CUB Please indicate all buffer impacts on the site plan. ? 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. I n ? Please indicate all stormwat ?outfalls on the site p1ai1. ? -J ( w 1 k ? Please indicate the diffuse flow provision measures on the site plan. WVL2 -J ?C ? Please indicate whether or not the proposed impacts already been conducted n? Avoidance•and/or Minimization Not Provided c--? , ? 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 entirebuffer. 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) .i:i the application. SC ? f <' I v ? Please provide a signed copy of the application. ?i ? 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.