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20001312 Ver 2_COMPLETE FILE_20001013
October 4, 2005 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 Run Subdivision Pamlico County, North Carolina AE Project No. 99010 Gentlemen: t)uj -?,?') ? -- 1 - 1.- D 1R@Rpm? O C T .l 3 2005 DENR - WATER QUALITY WERQi STORMWATER BRANCH Attached please find a 401 Water Quality Certification application for he referenced project consisting of the following: • Permit Application (Seven Copies) • Project Plans (Seven Copies) 0 USGS Map (Seven Copies) 0 Permit Fee $200 It is requested that you review the attached permit application and if deemed appropriate issue a 401 Water Quality Certification for the proposed impact. If you should have any questions or need any additional information to process this request, please do not hesitate to call. Sincerely, n Avolis, P.E. rPresident i ?0F W ATF9Q Michael F. Easley, Governor William G. Ross Jr,, Secretary co r North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality October 24, 2005 DWQ Project # 00-1312, Ver. 2 Pamlico County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Straight Road, LLC 9 Richdale Drive Wilton, CT 06897 Subject Property: River Run Subdivision Broad Creek [030410,27-141, SA, NSW, HQW] REQUEST FOR MORE INFORMATION Ladies and Gentlemen: On October 13, 2005, the Division of Water Quality (DWQ) received your application dated September 29, 2005, to impact 0.03 acres of wetlands to construct the proposed roads within a 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 show all wetland impacts, including fill slopes on the site plan, especially for lots 44 and 45 in Phase 2. Also, please discuss whether lots 8, 18, 19 and 36 are buildable without wetland fill. Please respond within three weeks of the date of this letter by sending this information to 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. 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. NQt}tCaro?ina 401 Oversight/Express Review Permitting Unit llfllr r!? 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: httv://112o.c m- statc.nc,us/ncwctlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Straight Roadt, LLC Page 2 of 2 October 24, 2005 Sincerely, Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBK/ijm cc: Kyle Barnes, DWQ Washington Regional Office USACE Washington Regulatory Field Office File Copy Central Files Ken Avolis, Avolis Engineering, P.A., P.O. Box 15564, New Bern, NC 28561 Filename: 001312 Ver2RlverRu nSD(Pa mlico)On_Hold DWQ # 00-1312 Ver 2: River Road Subdivision Subject: DWQ # 00-1312 Ver 2: River Road Subdivision From: Laurie Dennison <laurie.j.dennison@ncmail.net> Date: Tue, 25 Oct 2005 12:47:11 -0400 To: avoliseng@lpmonline.net Please see attached the Division of Water Quality's request for more information related to your recent application. Please note that this message is being forwarded to you electronically so that you may expedite preparation of your response. Please do not send your response as a reply to this e-mail or via fax. The hard copy is being sent via US Mail. All response correspondence is to be mailed via hard copy to the 401 Oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604 unless otherwise noted. 001312Ver2RiverRunSD(Pamlico)On_Hold.doc Content-Type: application/msword Content-Encoding: base64 1 of 1 10/25/2005 12:51 PM CA) - 1 C 0 Pre-Construction Notification (PCN) Application Form r 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 http://www.saw.usace.army.mil/wetlands/Perm_app.htm. 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 http://www.saw.usace.army.miI/wetlands/index.htm, 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://l12o.cnr.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. ,,F Val A 7-&z, Page 1 of 2 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, 65 Fed. Reg. 12893 (March 9, 2000), available at http://www.saw.usace.army.miI/wetlands/nwpfinalFedReg_pol. 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://li2o.ehnr.state.nc.us/ncwctlands/Ices.htm1. 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 Division of Water Quality Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 Telephone: (919) 733-5208 Fax: (919) 733-5321 State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 733-4763 Fax: (919) 715-2671 US Fish and Wildlife Service / National Marine Fisheries Service US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service Raleigh Field Office Asheville Field Office Ilabitat Conservation Division Post Office Box 33726 160 Zillicoa Street Pivers Island Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516 Telephone: (919) 856-4520 Telephone: (828) 258-3939 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 May 2002 USACE Action ID No. DWQ No. - 13 I Q- ,? ?L, (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. 11. Processing 1. Check all of the approval(s) requested for this project: K Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ © 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 18 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 Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: Applicant Information p@P=0WR P Owner/Applicant Information 0 0 1 1 3 2005 Name: Straight Road, LLC _ Mailing Address: 9 Richdale Drive WETLANDS ANDSTORMWATERBRANCH Wilton, CT 06897 Telephone Number: 203-544-9961 E-mail Address: Fax Number: 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: avolisenq@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. Name of project: River Run Subdivision 2. T.I.P. Project Number or State Project Number (NCDOT Only): Property Identification Number (Tax PIN): 2147417842 4. Location County: Pamlico Nearest Town: Oriental Subdivision name (include phase/lot number): River Run Directions to site (include road numbers, landmarks, etc.): NC Highway 55 to Straight Road, NCSR 1321. Go approximately 4.5 miles, project entrance ?.s on right. Site coordinates, if available (UTM or Lat/Long): N 35°-5.34' W76°-38.78' (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 118 Acres 7. Nearest body of water (stream/river/sound/ocean/lake): Broad Creek River Basin: Neuse (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at littp://h2o.enr.state.nc.us/adi-nin/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: River Run Phase I is developed. Surrounding property is undeveloped or sparse residential. Page 6 of 6 10. Describe the overall project in detail, including the type of equipment to be used: Project includes development of Phase II of River Run Subdivision. Road construction includes installation of one wetland road crossing. The wetland crossing was previously authorized under NC Permit #18, Permit #0020011568 11. Explain the purpose of the proposed work: Create roadway and utility acees to upland property for 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. Jurisdictional Determination competed November 16, 2000. (Action ID 200010420) Nationwide No. 18 #0020011568 issued for two road crossings. 401 Water Quality Certification was also issued. 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. None anticipated. 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. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must 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 Vlll below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 7 1. Provide a written description of the proposed impacts: Wetland filling at Road Crossing #2 as indicated on attached W. Crossing #1 was completed as a part of Phase I construction. The originally issued Nationwide Permit No. 18 has expired and is requested to be reissued. 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 15 Acres +/- Total area of wetland impact proposed: 0.03 Acres (Crossing No. 2) *4,344 SF, 0.0997 AC total was authorized under previous permit. 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma Type of Impact* Length of' Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leases ecif None * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, 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. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.g0V. Several internet sites also allow direct download and printing of USGS maps (e.g., www.to ozune.com, www.ma )cucst.com, etc.. - - Cumulative impacts (linear distance in feet) to all streams on site: --- Page 8 of 8 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact acres Name Waterbody ) (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. None * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation NONE 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.): 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. Wetland crossings were minimized by road utility and lot layout. Crossing #1 was completed as designed and originally permitted. Nationwide Permit #18 previously authorized Crossing #2 has expired. It is desire of the developer to have permit reissued so that Phase II construction can occur. 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 March 9, 2000, 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 NCWRP 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/strmgide.htm1. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. No mitigation proposed. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.cnr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): None Amount of buffer mitigation requested (square feet): None Amount of Riparian wetland mitigation requested (acres): None Amount of Non-riparian wetland mitigation requested (acres): None Amount of Coastal wetland mitigation requested (acres): Page 10 of 10 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No X? If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No X? 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 0 X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No X? If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet Multiplier Required Mitigation 1 3 2 1.5 Total Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 1 I of 1 1 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213 .0242 or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (both 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. Total project impervious area is 23.0 acres, 19.48% of total site area. Coastal stormwater Permit SW7000918 was issued for the project (copy attached; XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. On-site septic permits for each individual lot. 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. 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). Wetland impacts at Crossings #1 and #2 were previously authorized. Crossing #1 was completed as a part of Phase I construction. It is the desire of the developer to complete Crossing #2. Reauthorization is requested due to expired permits. / Martin S ratt Member/Mana er Applicant/Age nature Straight Road, LLC Date (Agent's signature is v id only if an authorization letter from the applicant is provided.) Page 12 of 12 N3819.4M 3? J J 191. `'. ,` s. a /r g .4 y V 4 ' * A _ J_f ? ? / 1 ? c.a f ? ? .•.? (. ? - aa3??5 - / . ? . , ? _ - ----- F l? "•? ? SITE Pt i Qrs e-ae if and ' 4 , Skete I ?. T 1 L lDu Bt{ p f r 4 r Gil Ti4fco er, b+ 1 ' t f / ',`? ., K B pt -IV ? ? _ f131T ?? :ti ..? ? \, , ` t i9- 1 tea AVOLIS ENGINEERING, P.A. SITE LOCATION MAP RIVER RUN SUBDIVISION Civil and Environmental Engineering P.O. BOX 15564 NEW BERN, NORTH CAROLINA 28561 NCSR 1231, TOWNSHIP NO. 2 PHONE: (252) 633-0068 FAX: (252) 633-6507 PAMLICO COUNTY, NC LVId kHYNDvnZZfd TIVld3AO 1.059KfY(LK) kY! VODO-fMM) ;An UAAaAHj 19CY7. 7N NiOp P71 " f9991 iL1 1 XOG Od ?' R 7 oS Vb lOHY? HIHOx AJJ'DOO O.)n"d ?l ONI MION 'Y'd NI2I33NION3 Sr70AV :. 2 'ON dDISNAOI ' I26I MSON ol WOW um &DMUEd x swaens Rml Zmm iLlilijili B 0 a r g 1 11, "es V 120LF SILT FENCE 404 wE??ANDS 60LF EA. SIDE AT R/W 4.8 4.8 _.. ?? ? RbA 6? R w ? 4.7 18 (2) 48LF 43„x27„ CM NEW 6" PVC ARCH PIPE WATER WETLAND CROSSING #1 ?LIMITS OF WETLAND FILL / I UNDERCUT THIS AREA 16" 52LFx60'W 2985 SF 14 1 12 ? FINISH GRADE - ?, 10 EXISTING GRADE c 8 - NEW 6" PVC WATER 6 - - ----- - - - -- 2 - - - - 18" MINIMUM -SEP ARATION- 0 ?J 00 C , od 00 (.6 O od r< 00 ` f i 11+75 12+00 13+00 13 +50 WETLAND CROSSING @ RIVER RUN ROAD HORIZONTAL: 1"=50' VERTICAL: 1"=5' ?rvSSi?G 48 40 3 LF 15" RCP 60L.F SILT FENCE 30LF EA. SIDE AT R/W WETLAND CROSSING #2 LIMITS OF WETLAND FILL 21LFx60'W - 1359 SF UNDERCUT THIS AREA 16" 141 1 1 I 114 121 1 112 FINISH GRADE 10 (2)_ 48 LF 10 EXISTING GRADE g 18" _RCP _ 8 6 - 6 4 - -4 (4.0) NEW 6" PVC 2 -- - - - 2 WATER - 18" M1N+MUM-COVE 0 0 00 N N N Ln ? ? ?I? TCH LEFT/RIGHT 7+50 8+00 8+75 WETLAND CROSSING #2 @ WATERS EDGE LANE HORIL7ONTAL: 1"=50' VERTICAL: 1"=5' (4ross t-4 it 2- °s Action ID: MPID J.S. ARMY CORPS OF ENGINs SRS Wilmington District County: / V E ,v Notification of Jurisdictional Determination Property owner/Authorized Agent psi ?,61 ;- Address I (->,g Telephone Number 9 q6 i Size and Location of Property(waterbody, Highway name/number, town, etc.) l F<?1I :t ?. iJ?Li ?CE \A ?? ? ci a .+ f (-fir 1 .., rill r,:? 4 7 ? ?. ? ? ? r f / e = Indicate Which of the following apply: ' cs({s ')322 • There are wetlands on the above described property which we strongly lsuggest should be delineated' and surveyed. The sun'eyed?wetland linesAmust be verified by our staff before the.?orps will make a° final jurisdictional1determination on your property. • Because of the! size of your property andlour present wor oad, our identification and delineation of your wetlands cannot be accomplished in a timely manner. u may wisl}/to employ a onsultant toobtain a more timely delineation of the wetland Once your consultant has flagged a wetland line on theproperty, Corps staff will review i?; and, if it is accurate, we strongly recomme d that you have the line surveyed for final approval by the Corps. The Corps will not make a final jurisdictional determination on your property without an dpproved survey. 0-d t& i.+iyJ r?'?1,.l 4 ? 50????; ? e? .' c Z I ?t dye it ? tit- . ?ir? : 1 Zco • The wetlands on your lot have been delineated,1Vn8 the'limits of Corps jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed three years from the date of this notification. r"V;. • There are no wetlands present on t1e above described property which are subje to the permit requirements of Section 404 of the Clean Water Act (33 j SC 1344). Unless there is aYbhange in •he law or our pub?-ished regulations, this determination may be relied upon for a16eriod not tar exceed thr6e years from the date of this notification. The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of Coastal Management to determine their requirements. 0251) 5C'_ 2969 r Placement of dredged or fill material in wetlands on this property without a Department of the Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the property restricted entirely to existing high ground. If you have any questions regarding the Corps of Engineers regulatory program, please contact bill G"C-A c, ml-lic at CZ sZ) t1 ?a - 1616 Property owner/Authorized Agent Signature Project Manager Signature Date ' V Expiration Date 11 1A / 2 o v S _ SURVEY PLAT OR. FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND DELINEATIONS? FORM ,1r MUSTpBE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM. e7 ?r uti? ?Jti7• 1G4 t t o. CESAW Form 556 J e 1 OCT 92 N k1b-.,,w 1 p aov(>?:) f I S; vK ( --- ----- -- ---- -- U State of North Carolina 'Department of Environment and Natural Resources Division of Water Quality Washington Regional Office James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director SLATE "v cle 20.1 p • O -ipR 12. QUgM DIVISION OF WATER QUALITY October 20, 2000 Mr. Martin Spratt 160 Mather Street Wilton, CT 06897 Subject: Stormwater SW7000918 River Run Subdivision, Phases I, II, and III Pamlico County Dear Mr. Spratt: The Washington Regional Office received the completed Stormwater Application for the subject project on September 25, 2000. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 211.1000. We are forwarding Permit No. SW7000918 dated October 20, 2000 to Straight Road, LLC. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252-946-6481 FAX 252-946-9215 An Equal Opportunity Affirmative Action Employer Page 2 Mr. Martin Spratt October 20, 2000 If you have any questions or need additional information concerning this matter, please contact Mr. Robert Tankard at (252) 946-6481, extension 233. Sincerely, .h- Jim Mulligan Regional Water Quality Supervisor cc: ?Avolis Engineering Pamlico County Inspections Washington Regional Office Central Files 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252-946-6481 FAX 252-946-9215 An Equal Opportunity Affirmative Action Employer State Stormwater Management Systems Permit No. SW7000918 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Straight Road, LLC Pamlico County FOR THE construction, operation and maintenance of stormwater management systems in compliance with the provisions of 15A NCAC 2H.1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for grass swales to serve the proposed River Run subdivision site, Phases I, II, and III; located on NCSR 1321 near Oriental. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: 1. DESIGN STANDARDS The following criteria are approved as meeting the stormwater rules for this project: a. The total area for this project is 118.1 acres. b. Total impervious area proposed for this project site is 23.00 acres. C. Total number of lots is sixty-eight. d. Allowable built-upon area must be consistent with proposed plans and restrictions submitted in the application by the permittee. 2. The overall tract built-upon area percentage or lot size ibr the project must be maintained at levels at least as stringent as the low density levels specified in the stormwater rules. 3. The development must demonstrate that no areas within the project site are of such high density that stormwater runoff threatens water quality. 4. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) or curb outlet systems as defined in the stormwater rules and approved by the Division. 6. No piping shall be allowed except: a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road. b. That minimum amount needed under driveways to provide access to lots. 7. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 8. No homeowner/lot owner/developer shall be allowed to fill in, alter, or pipe any vegetative practices (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 9. Each of the lots in the subdivision will be limited to the amount of built-upon area indicated in the approved plans and consistent with item 1 above. 10. The permittee is responsible for verifying that the proposed home plans do not exceed the allowable built-upon area. Once the lot transfer is complete, the home plan may not be revised without approval from the permittee, and responsibility for meeting the built-upon area limit is transferred to the individual homeowner. 11. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of Register of Deeds. A copy of the recorded restrictions must be received by this Office within 30 days of the date of recording. Recorded deed restrictions must include, as a minimum, the following statements related to stormwater management: a. A statement of the allowable built-upon area per lot in the following form: .The allowable built-upon area per lot shall not exceed 12,843 square feet, inclusive of that portion of the right-of-way between the front lot line and the edge of the pavement, structures, pavement, walkways of brick, stone, slate, not including wood decking." 4 b. Items related to stormwater management must ,,main in the deed restriction, and this is to be indicated by including the following: "The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State." To assure that vegetated conveyances are not piped (in accordance with item 5) deed restrictions must indicate that: "Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons." 12. The Engineer/Owner/Developer/Permittee must certify in writing that the project's stormwater controls, and impervious surfaces have been constructed within substantial intent of the approved plans and specifications. 13. The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size b. Project name change c. Transfer of ownership d. Redesign or addition to the approved amount of built-upon area e. Further subdivision of the project area. In addition, the Director may determine that other revisions to the project should require a modification to the permit. 14. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. H. SCHEDULE OF COMPLIANCE The permittee shall comply with the following schedule for construction and maintenance of the Low Density Option stormwater systems: a. Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built-upon surface except roads. b. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 5 2. The permittee shall at all times provide the operation and mait.enance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections b. Sediment removal c. Mowing, and revegetating of the side slopes d. Immediate repair of eroded areas e. Maintenance of side slopes in accordance with approved plans and specifications. 3. The permittee shall submit recorded deed restrictions limiting built-upon area per lot in accordance with Part I, item 9, within 30 days of the date of recording. 4. The Permittee shall submit the Engineer/Owner/Designer/Permittee Certification in accordance with Part I, item 12,within 30 days of completion of the project. 5. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. III. GENERAL CONDITIONS 1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated. 3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination does not stay any permit condition. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et.al. 5. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for those revisions under any of the following conditions: a. Any additions, deletions or redesign of the previously permitted amount of built- upon area proposed regardless of the size of the modification. b. Further subdivision of the project area. 6 T 6. The permit is not transferable to any person except after notic..o and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 7. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state and federal) which have jurisdiction. Permit issued this the 20 th day of October 2000. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION (r Kerr 7: Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7000918 7 CC"_(_? (q, I'. oF.WarF? 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 littp://www.saw.usace.armY.mil/wetlands/Perth app htm. 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 http://www.saw.usace.army.inil/wetlands/index.him, 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 l of 2 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, 65 Fed. Rea. 12893 (March 9, 2000), available at http://www.saw.Lisace.army.mil/wetlands/nwpfnaIFedReL.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://li2o.ehnr.state.nc.us/ncwetIands/fees.htin1. 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 Natio nal 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 Division of Water Quality 401 Wetlands Unit Wetlands Restoration Program 1650 Mail Service Center 1619 Mail Service Center Raleigh, NC 27699-1650 Raleigh, NC 27699-1619 Telephone: (919) 733-1786 Telephone: (919) 733-5208 Fax: (919) 733-6893 Fax: (919) 733-5321 State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 733-4763 Fax: (919) 715-2671 US Fish and Wildlife Service / National Marine Fisheries Service US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service Raleigh Field Office Asheville Field Office Habitat Conservation Division Post Office Box 33726 160 Zillicoa Street Pivers Island Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516 Telephone: (919) 856-4520 Telephone: (828) 258-3939 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 I - 4. Page 4 of 4 Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. oo " 13 1 -L Lr,-V,- ? (1t any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. II. Processing 1. Check all of the approval(s) requested for this project: [X] Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ © 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 18 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 Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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) p ) U u V uv P Applicant Information O C T 1 3 2005 1. Owner/Applicant Information DENR - WATER QUALITY Name: Straight .Road, LLC WETLANDS ANDSTORMWATERBRANCH Mailing Address: 9 Richdale Drive Wilton, CT 06897 Telephone Number: 203-544-9961 Fax Number: 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: avolisenq@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. Nameofproject: River Run Subdivision 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 21 4 7 41 7 8 4 2 4. Location County: Pamlico Nearest Town: Oriental Subdivision name (include phase/lot number): River Run Directions to site (include road numbers, landmarks, etc.): NC Highway 55 to Straight Road, NCSR 1321. Go approximately 4.5 miles, project entrance i.s on right. Site coordinates, if available (UTM or Lat/Long): N 35°-5.34' W76°-38.78' (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 118 Acres 7. Nearest body of water (stream/river/sound/ocean/lake): Broad 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://l12o.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: River Run Phase I is developed. Surrounding property is undeveloped or sparse residential. Page 6 of 6 10. Describe the overall project in detail, including the type of equipment to be used: Project includes development of Phase II of River Run Subdivision. Road construction includes installation of one wetland road crossing. The wetland crossing was previously authorized under NC Permit #18, Permit #0020011568 11. Explain the purpose of the proposed work: Create roadway and utility acees to upland property for 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. Jurisdictional Determination competed November 16, 2000. (Action ID 200010420) Nationwide No. 18 #0020011568 issued for two road crossings. 401 Water Quality Certification was also issued. 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. None anticipated. 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. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must 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. Page 7 of 7 1. Provide a written description of the proposed impacts: Wetland filling at Road Crossing #2 as indicated on attached map Crossing #1 was completed as a part of Phase I construction. The originally issued Nationwide Permit No. 18 has expired and is requested to be reissued. 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact (acres) Located within I00-year Floodplain** (es/no Distance to Nearest Stream linear feet Type of Wetland*** List each impact separately and identity temporary impacts. 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. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.Lov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USAGE only). List the total acreage (estimated) of all existing wetlands on the property: 15 Acres +/- Total area of wetland impact proposed: 0.03 Acres (Crossing No. 2) *4,344 SF, 0.0997 AC total was authorized under previous permit. 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please seci' ) None List each impact separately and identity temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, 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. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at ?",w.usas.sov. Several internet sites also allow direct download and printing of USGS maps (e.g., y,?aw.topozone.com, wv\.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: --- Page 8 of 8 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on ma Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) None * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. Pond Creation NONE 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.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): 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. It' applicable, discuss construction techniques to be followed during construction to reduce impacts. Wetland crossings were minimized by road utility and lot layout Crossing #1 was completed as designed and originally permitted. Nationwide Permit #18 previously authorized Crossing #2 has expired. It is desire of the developer to have permit reissued so that Phase II construction can occur. 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 USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, 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 NCWRP 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.ne.us/ncNvetIands/strmaide.htm1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. No mitigation proposed. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): None Amount of buffer mitigation requested (square feet): None Amount of Riparian wetland mitigation requested (acres): None Amount of Non-riparian wetland mitigation requested (acres): None Amount of Coastal wetland mitigation requested (acres): Page 10 of 10 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No ? 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 ? 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? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No X] If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. * Zone Impact (square feet) Multiplier Required Mitieation 1 3 2 1.5 Total T cone l extends out .iU feet perpendicular trom near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 1 I of 1 I If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. XI. Stormwater (required by DWQ) Describe impervious acreage (both 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. Total project impervious area is 23.0 acres, 19.48% of total site area. Coastal stormwater Permit SW7000918 was issued for the project (copy attached) XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. On-site septic permits for each individual lot. 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 FLI XIV. 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). Wetland impacts at Crossings #1 and #2 were previously authorized. Crossing #1 was completed as a part of Phase I construction. It is the desire of the developer to complete Crossing #2. Reauthorization is requested due to expired permits. / /? ? •Z?j?i?5 /L Martin S ratt Member/Mans er Applicant/Age nature Straight Road, LLC Date (Agent's signature is v id only if an authorization letter from the applicant is provided.) Page 12 of 12 N85.9?--ry -- r -- ?:! ---•-- --'--...__ -- .-- x-z_.._?.-- --- __ ------' '?._ ? . ? - - ?---B1RLu1 _ __ . i _ f ; e A .. .. .- - c. ... _-. _ f 1 ? / ? •b, 1' _. n 1 1 o ebCL 1 ? , 1 S! 1 -`jam 1 s l`"• b '?? j)? r 1 F _ 00 i ? t ? ` ? te "FF . ? •,, x r ! a.. on , `/ 900 t`?r1ilWn ?' 1 (Q' GOM Creek erd .. -Skate I ?' + 1 I Pt } p .l'.Butab Gil ` goad , N35.5'--- B d C roa A.4 • r ?t?2t? '? /'S i r , ; L . x I . ,l X4 K'3 / I d35•.4'. r' .. 1 '• ' 'r.if; AVOLIS ENGINEERING, P.A. SITE LOCATION MAP Z-7\qh-"E Civil and Environmental Engineering RIVER RUN SUBDIVISION P.O. BOX 15584 NEW BERN, NORTH CAROLINA 28561 NCSR 1231, TOWNSHIP NO. 2 ! PHONE (252) 633-0068 FAX: (252) 633-6507 PAMLICO COUNTY, NC 'a a? s IV'Id kHyx n3lid TIVHaAO v - c059-119(m) xre vloo-m(cu) o IIVT ?JAMJ 19wc 3m 'woe wsH • 3 0? xoe eve oa ey 3 VMOHV0 HIHON ' IN!]00 oorrwYd DN aamo 'Y'd 'J6II2I33AIIJu SI70AV ? Z 'ON dQiSNe10Z 'IZ6I 2ISON ? NOISWa8(IS RnH maArd O ., 'No g _f R V ?Fg •€Y ?a g ?`? g?!?sti? ?py Q4 120LF SILT FENCE 60LF EA. SIDE AT R/W NEW 6" PVC WATER 14 12 FINISH GRADE--\ 10 EXISTING GRADE-\ 8 NEW 6" PVC- WATER 6 4 2 0 404 f-' ?Aogs 18 (2) 48LF 43"x27" CM ARCH PIPE WETLAND CROSSING #1 /- LIMITS OF WETLAND FILL UNDERCUT THIS AREA 16" 11+75 12+00 13+00 WETLAND CROSSING ® RIVER RUN ROAD HORIZONTAL: 1"=50' VERTICAL: 1"=5' f i d ? 13+50 Crv SS i U ? ?- 48 40 3 LF 15" RCP 60LF SILT FENCE 30LF EA. SIDE AT R/W 14 12 FINISH GRADE 7 EXISTING GRADE --\8 6 44 NEW 6" PVC?2 WATER 0 14 12 10 8 6 4 DITCH LEFT/RIGHT 0 7+50 8+00 8+75 WETLAND CROSSING #2 @ WATERS EDGE LANE HORIZONTAL: 1"=50' VERTICAL: I"=5' ?rn s? ?- (2)_48 LF 18" RCP - (4.0) }8" MINIMUM COVE N ? N ? N WETLAND CROSSING #2 LIMITS OF WETLAND FILL 21LFx60'W - 1359 SF UNDERCUT THIS AREA 16" it- 2 39 os 1 O.S. ARMY CORPS OF ENGINs SRS Wilmington District Action ID 00 S0L- 2r County: z 1 i9 I/ Notification of Jurisdictional Determination Property owner/Authorized Agent ,'f 1. ? 0 1 Address E ;.mss a. ("- O LI, F 4. Telephone Number !- 7 1a?'? Size and Location of Property(waterbody, Highway name/number, town, etc.) 1";r' •: :rt n C f .: `"11` 1 % G: : ?' < r? i-' "? r' 1 '?" 1`C n'r n. f (- C. - ..? ! Indicate Which of the following apply: ca ," 9 - rC -,,? -A !'t. ! 1 1 ? n , 4 I I 'csRs 1322 f There are wetlands on the above described property which we strongly suggest should be delineated' and surveyed. Th'e surveyed wetland lines must be verified by our staff before the. arps will make a' final jurisdictional`determination on your property. ' Because of the 11 size of your property and,-our present workload, our identification and delineation of your wetlands cannot be accomplished in a timely manner.ou may wish to employ a consultant to btain a more timely delineation of the wetland. Once your consultant has fl agged a wetland line on the/property, Corps staff will review it, and, if it is accurate, we strongly recommedd that you have the line surveyed for final approval by the Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey. c. - 1 e 4 C ' The wetlands on your lot have been delineated, ,and the'limits Wf r`ps jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed three-years from the date of this notification. ' There are no wetlands present on the above described property which are subjeci to the permit requirements of Sectiori 404 of the Clean Water Act (33?1`1SC 1344). Unless there is aYchange int he law or our published regulations, this determination maybe relied upon for a:period not to-exceed three years from the date of this notification. v4 The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of Coastal Management to determine their requirements. ?r -)) Placement of dredged or fill material in wetlands on this property without a Department of the Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the property restricted entirely to existing high ground. If you have any questions regarding the Corps of Engineers regulatory program, please contact cI-e(ov-I at ?2c1) ?'/7; - Property owner/Authorized Agent Signature Project Manager Signature r Date 1 > cCC Expiration Date I l 1A ,l 2 0') s _ SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM. ,r }'DEL;. Jt+ y a^?S tale CFSAW Form 566 `"JJ~ •y x`57''1 C1ti`•1 L'(•, Lil ?° i.. 'v? jai?.? '{" .•'j ' ?PO{i 1 OCT 92 ?- C r, 9GU? U State of North Carolina Department of Environment and Natural Resources Division of Water Quality Washington Regional Office James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director ,'4 SLATE ? 0 C DIVISION OF WATER QUALITY October 20, 2000 Mr. Martin Spratt 160 Mather Street Wilton, CT 06897 Subject: Stormwater SW7000918 River Run Subdivision, Phases I, II, and III Pamlico County Dear Mr. Spratt: ^?'RIL 12.?r • ?L QUAM The Washington Regional Office received the completed Stormwater Application for the subject project on September 25, 2000. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7000918 dated October 20, 2000 to Straight Road, LLC. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252-946-6481 FAX 252-946-9215 An Equal Opportunity Affirmative Action Employer Page 2 Mr. Martin Spratt October 20, 2000 If you have any questions or need additional information concerning this matter, please contact Mr. Robert Tankard at (252) 946-6481, extension 233. Sincerely, h, Jim Mulligan Regional Water Quality Supervisor cc: ?Avolis Engineering Pamlico County Inspections Washington Regional Office Central Files 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252-946-6481 FAX 252-946-9215 An Equal Opportunity Affirmative Action Employer State Stormwater Management Systems Permit No. SW7000918 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Straight Road, LLC Pamlico County FOR THE construction, operation and maintenance of stormwater management systems in compliance with the provisions of 15A NCAC 2H.1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for grass swales to serve the proposed River Run subdivision site, Phases I, II, and III; located on NCSR 1321 near Oriental. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS The following criteria are approved as meeting the stormwater rules for this project: a. The total area for this project is 118.1 acres. b. Total impervious area proposed for this project site is 23.00 acres. C. Total number of lots is sixty-eight. d. Allowable built-upon area must be consistent with proposed plans and restrictions submitted in the application by the permittee. 2. The overall tract built-upon area percentage or lot size ibr the project must be maintained at levels at least as stringent as the low density levels specified in the stormwater rules. The development must demonstrate that no areas within the project site are of such high density that stormwater runoff threatens water quality. 4. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) or curb outlet systems as defined in the stormwater rules and approved by the Division. 6. No piping shall be allowed except: a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road. b. That minimum amount needed under driveways to provide access to lots. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. No homeowner/lot owner/developer shall be allowed to fill in, alter, or pipe any vegetative practices (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 9. Each of the lots in the subdivision will be limited to the amount of built-upon area indicated in the approved plans and consistent with item 1 above. 10. The permittee is responsible for verifying that the proposed home plans do not exceed the allowable built-upon area. Once the lot transfer is complete, the home plan may not be revised without approval from the permittee, and responsibility for meeting the built-upon area limit is transferred to the individual homeowner. 11. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of Register of Deeds. A copy of the recorded restrictions must be received by this Office within 30 days of the date of recording. Recorded deed restrictions must include, as a minimum, the following statements related to stormwater management: a. A statement of the allowable built-upon area per lot in the following form: "The allowable built-upon area per lot shall not exceed 12,843 square feet, inclusive of that portion of the right-of-way between the front lot line and the edge of the pavement, structures, pavement, walkways of brick, stone, slate, not including wood decking." 4 b. Items related to stormwater management must .,;main in the deed restriction, and this is to be indicated by including the following: "The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State." C. To assure that vegetated conveyances are not piped (in accordance with item 5) deed restrictions must indicate that: "Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons." 12. The Engineer/Owner/Developer/Permittee must certify in writing that the project's stormwater controls, and impervious surfaces have been constructed within substantial intent of the approved plans and specifications. 13. The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size b. Project name change c. Transfer of ownership d. Redesign or addition to the approved amount of built-upon area e. Further subdivision of the project area. In addition, the Director may determine that other revisions to the project should require a modification to the permit. 14. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. II. SCHEDULE OF COMPLIANCE The permittee shall comply with the following schedule for construction and maintenance of the Low Density Option stormwater systems: a. Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built-upon surface except roads. b. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 5 2. The permittee shall at all times provide the operation and maii..enance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections b. Sediment removal c. Mowing, and revegetating of the side slopes d. Immediate repair of eroded areas e. Maintenance of side slopes in accordance with approved plans and specifications. 3. The permittee shall submit recorded deed restrictions limiting built-upon area per lot in accordance with Part I, item 9, within 30 days of the date of recording. 4. The Permittee shall submit the Engineer/Owner/Designer/Permittee Certification in accordance with Part I, item 12,within 30 days of completion of the project. 5. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. III. GENERAL CONDITIONS 1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination does not stay any permit condition. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et.al. 5. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for those revisions under any of the following conditions: a. Any additions, deletions or redesign of the previously permitted amount of built- upon area proposed regardless of the size of the modification. b. Further subdivision of the project area. 6 6. The permit is not transferable to any person except after notic..o and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 7. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state and federal) which have jurisdiction. Permit issued this the 20 th day of October 2000. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION K- ??- Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7000918 7 1, --1 3 I q_ P, \N A q nw ? 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 http://wNvw,saw.usace.army.miI/wetlands/Perni_app him. 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 http://www.saw.usace.army.miI/wetlands/index.htm, 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 I of 2 Coastal Area Management Act (LAMA) 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, 65 Fed. Reg. 12893 (March 9, 2000), available at http://www.saw.usace.army.iniI/wetlands/nwpfnalFedReg.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 littp://h2o.ehnr.state.nc.us/ncwetIands/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 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 Division of Water Quality 401 Wetlands Unit Wetlands Restoration Program 1650 Mail Service Center 1619 Mail Service Center Raleigh, NC 27699-1650 Raleigh, NC 27699-1619 Telephone: (919) 733-1786 Telephone: (919) 733-5208 Fax: (919) 733-6893 Fax: (919) 733-5321 State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 733-4763 Fax: (919) 715-2671 US Fish and Wildlife Service / National Marine Fisheries Service US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service Raleigh Field Office Asheville Field Office Habitat Conservation Division Post Office Box 33726 160 Zillicoa Street Pivers Island Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516 Telephone: (919) 856-4520 Telephone: (828) 258-3939 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 ot'4 Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. 00 1.3 I ?_ LW--V, P? (it any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: K Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ © 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 18 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 Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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), c Vtw,,ck here: II. Applicant Information ig WIS OP O C T 1 3 2005 1. Owner/Applicant Information Name: Straight Road, LLC QUALITy IANM Mailing Address: 9 Richdale Drive ATERBRANCH Wilton, CT 06897 Telephone Number: 203-544-9961 Fax Number: 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 1 5 5 6 4 New Bern, NC 28561 Telephone Number: 252-633-0068 Fax Number: 252-633-6507 E-mail Address: avolisenq@lpmonline.net Page 5 of 5 III. Project Information 3 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 ofproject: River Run Subdivision 2. T.I.P. Project Number or State Project Number (NCDOT Only): Property Identification Number (Tax PIN): 21 4 7 41 7 8 4 2 4. Location County: Pamlico Nearest Town: oriental Subdivision name (include phase/lot number): River Run Directions to site (include road numbers, landmarks, etc.): NC Hiqhway 55 to Straight Road, NCSR 1321 Go approximately 4.5 miles, project entrance ).s on right. 5. Site coordinates, if available (UTM or Lat/Long): N 35°-5.34' W76°-38.78' (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres) 118 Acres 7. Nearest body of water (stream/river/sound/ocean/lake) 8. River Basin: Neuse Broad Creek (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: River Run Phase I is developed. Surrounding property is undeveloped or sparse residential. Page 6 of 6 10. Describe the overall project in detail, including the type of equipment to be used: Project includes development of Phase II of River Run Subdivision. Road construction includes installation of one wetland road crossing. The wetland crossing was previously authorized under NC Permit #18, Permit #0020011568 11. Explain the purpose of the proposed work: Create roadway and utility acees to upland property for 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. Jurisdictional Determination competed November 16, 2000. (Action ID 200010420) Nationwide No. 18 #0020011568 issued for two road crossings. 401 Water Quality Certification was also issued. 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. None anticipated. V1. 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. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must 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 Vlll below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 7 1. Provide a written description of the proposed impacts: Wetland filling at Road Crossing #2 as indicated on attached map Crossing #1 was completed as a part of Phase I construction. The originally issued Nationwide Permit No. 18 has expired and is requested to be reissued. 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** (es/no Distance to Nearest Stream linear feet Type of Wetland*** * List each impact separately and identify temporary impacts. 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. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.ferna.go?. List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 15 Acres +/- Total area of wetland impact proposed: 0.03 Acres (Crossing No. 2) *4,344 SF, 0.0997 AC total was authorized under previous permit. 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please seci None * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, 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. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at wNrw.usIIs.20V. Several internet sites also allow direct download and printing of USGS maps (e.g., Vww.topL)Z_one.com, www.ntapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: --- Page 8 of 8 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on ma Type of Impact* Area of Impact acres Name Wat (if applicable) ) y Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. None List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. Pond Creation NONE 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 Describe the method of construction (e.g., dam/embankment, excavation, draw-down valve or spillway, etc.): A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): 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. Wetland crossings were minimized by road utility and lot layout. Crossing #1 was completed as designed and originally permitted. Nationwide Permit #18 previously authorized Crossing #2 has expired. It is desire of the developer to have permit reissued so that Phase II construction can occur. 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. ? wetlands installation of Page 9 of 9 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, 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 NCWRP 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/strmgide.htm1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. No mitigation proposed. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.litm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): None Amount of buffer mitigation requested (square feet): None Amount of Riparian wetland mitigation requested (acres): None Amount of Non-riparian wetland mitigation requested (acres): None Amount of Coastal wetland mitigation requested (acres): Page 10 of 10 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No X? 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 Q 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 0 X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No Q If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total - /-one I extends out .30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone I. Page I 1 of I I If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213 .0242 or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (both 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. Total project impervious area is 23.0 acres, 19.48% of total site area. Coastal stormwater Permit SW7000918 was issued for the project (copy attached) XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. On-site septic permits for each individual lot. 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. 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). Wetland impacts at Crossings #1 and #2 were previously authorized. Crossing 1 was completed as a part of Phase I construction. It is the desire of the developer to complete Crossing #2. Reauthorization is requested due to expired permits. Martin S' Member/Manager Applicant/Age'nature Straight Road, LLC Date (Agent's signature is v id only if an authorization letter from the applicant is provided.) Page 12 of 12 ' Y/ , I d I ' J 611-- ( ' % 1? it . _ - w` Off" { i l 9 ale g 1 ?or ?f1 Y r ?- c4bl I °? ?N35.5 5'-- ' - ------ r? ? 1 ? - ? 1 g i - 1 L ")+? ? , ' '• ._ ._ -_ ? SITE ,_ _._- j }.- _ .....? --• . 1 4e? C . -'6WN tn(Iton Give c.ei. Creek ad ?' ? _ Gil ld _ ' - .road _; , ?''.Sulah Pt t 4 ,? r ° f e ! t . 4 i I` -, ?! N ?FliI111t!0,. r t s ? jos - I ? :16 1, I ? ' ` X4 x3 .. J1 S '! ?d AVOLIS ENGINEERING, P.A. Civil end Environmental Engineering P.O. BOX 15564 NEW BERN, NORTH CAROLINA 28581 PHONE: (252) 633-0068 FAX: (252) 633-6507 SITE LOCATION MAP RIVER RUN SUBDIVISION NCSR 1231, TOWNSHIP NO. 2 PAMLICO COUNTY, NC ,. t Skate I r Ili Aa l ?J LVId AHVND1I'182Id TIM LM-rc9(m) x., wood-c 9(C Z) ' . AO s 19WZ ON N" •3N '""i xOB Od OU-6-3 PI-3 9- ru ? vNPI02IV0 HlHON 't.LNI100 OOCi)ftld alloR 04006 UN 'V'd 'ONIHMNI0N3 SMOAtl Z 'ON dIHSNYOI 'IZ£I HSON NOIS[A108IIS NIIiI HaAm 1 ?•./ ? E? `e ) 1 CC a 9$ ?g Y ga?asg r ? E E? 120LF SILT FENCE 60LF EA. SIDE AT R/W NEW 6" PVC WATER 404 wE??AN?S 18 (2) 48LF 43"x27" CM ARCH PIPE WETLAND CROSSING #1 LIMITS OF WETLAND FILL UNDERCUT THIS AREA 16" 52LFx60'W 2985 SF 14 12 a, FINISH GRADE 1 ? v EXISTING GRADE - - - - - `? 8 ' NEW 6" PVC WATER 6 4 - - - {4.8? - -- L 2 - - - - - -- -182L-MINIMttM - 1 , --- - - - SEPARATION 0 O O pp O O ? Ln ~ f-- 00 ? 00 "o 00 ,? , d 11+75 12+00 13+00 13+50 WETLAND CROSSING @ RIVER RUN ROAD HORIZONTAL: 1"=50' VERTICAL: 1"=5' CUSS ?,?,? iE 40 LF 15" RCP 0-)9 ? 14 12 FINISH GRADE 10 EXISTING GRADE -\8 6 44 NEW 6" PVC?2 WATER 0 cl? L(7 14 12 10 8 6 ?4 21,-DITCH LEFT/RIGHT 0 7+50 8+00 8+75 WETLAND CROSSING #2 @ WATERS EDGE LANE HORIZONTAL: 1"=50' VERTICAL: 1"=5' LF 18"-RCP PO) MUM COVE 60LF SILT FENCE 30LF EA. SIDE AT R/W WETLAND CROSSING #2 LIMITS OF WETLAND FILL 21-Fx60'W - 1359 IF THIS AREA 16" U(2) 48NDEPCUT i? 2 48 v.S. ARMY CORPS OF ENGINs SRS L:? -:> -C ?2. Wilmington District )0001042/- Action ID: County: Notification of Jurisdictional Determination ,? t Property owner/Authorized Agent ,?i ir, ". 1•, b• ?,? d '1 Address to /J6 Telephone Number f-2 0.'? q q9 l i Size and Location of Property(waterbody, Highway name/number, town, etc.) .zn .E'!u j G?s.! c rr."f ti. rtes )? G -2 ., Indicate Which of the following aPP1 ! csRs ` l 3?Z f !'z Z ; J ?.?,r.,? t. r apply r? There are wetlands on the above described property which we strongly suggest should be delineated' and surveyed. Th'e surveyed wetland lines' ust be verified by our staff before the Corps will make a' final Jurisdictional, determination on your property. • Because of the size of your property and.our present workload, our identification and delineation of your wetlands cannot be accomplished in a timely manner. Y'ou may wish• to employ a consultant to obtain a more timely delineation of the wetlands' Once your consultant has flagged a wetland line on the,property, Corps staff will review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey. c:.-d i ?. e v { The wetlands on your lot have been delineated V' d the'limits 6}' ` ?C rps jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed threeyears from the date of this notification. There are no wetlands present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33,> SC 1344). Unless there is a.,change inlhe law or our published regulations, this determination may be relied upon for a:oeriod not to- exceed three years from the date of this notification. The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of Coastal Management to determine their requirements. 1-15 Placement of dredged or fill material in wetlands on this property without a Department of the Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the property restricted entirely to existing high ground. If you have any questions regarding the Corps of Engineers regulatory program, please contact at (21? i1?`? - i'??F, Property owner/Authorized Agent Signature Project Manager Signature Date I, h1i-r 11 1/- (,L V Expiration Date 11 /4 2 o v SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM. ,f e7 W?iu ?+,S til C? G? ?? C4., (? ( 77 L ...•j, CESAWForm 566 lrP. a ??`s7• iGti 7 C(ti G C(J? a' ? J:u( J }/,, r 1 oc r 92 r, GDS L) State of North Carolina Department of Environment and Natural Resources Division of Water Quality Washington Regional Office James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director rSC TE q? ?Q5 ti ?f -1PftRrML 2. QUAM DIVISION OF WATER QUALITY October 20, 2000 Mr. Martin Spratt 160 Mather Street Wilton, CT 06897 Subject: Stormwater SW7000918 River Run Subdivision, Phases I, II, and III Pamlico County Dear Mr. Spratt: )407 The Washington Regional Office received the completed Stormwater Application for the subject project on September 25, 2000. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7000918 dated October 20, 2000 to Straight Road, LLC. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252-946-6481 FAX 252-946-9215 An Equal Opportunity Affirmative Action Employer Page 2 Mr. Martin Spratt October 20, 2000 If you have any questions or need additional information concerning this matter, please contact Mr. Robert Tankard at (252) 946-6481, extension 233. Sincerely, Jim Mulligan Regional Water Quality Supervisor cc: ,/Avolis Engineering Pamlico County Inspections Washington Regional Office Central Files 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252-946-6481 FAX 252-946-9215 An Equal Opportunity Affirmative Action Employer State Stormwater Management Systems Permit No. SW7000918 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Straight Road, LLC Pamlico County FOR THE construction, operation and maintenance of stormwater management systems in compliance with the provisions of 15A NCAC 2H.1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for grass swales to serve the proposed River Run subdivision site, Phases I, II, and III; located on NCSR 1321 near Oriental. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: 1. DESIGN STANDARDS 1. The following criteria are approved as meeting the stormwater rules for this project: a. The total area for this project is 118.1 acres. b. Total impervious area proposed for this project site is 23.00 acres. C. Total number of lots is sixty-eight. d. Allowable built-upon area must be consistent with proposed plans and restrictions submitted in the application by the permittee. The overall tract built-upon area percentage or lot size for the project must be maintained at levels at least as stringent as the low density levels specified in the stormwater rules. The development must demonstrate that no areas within the project site are of such high density that stormwater runoff threatens water quality. 4. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) or curb outlet systems as defined in the stormwater rules and approved by the Division. 6. No piping shall be allowed except: a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road. b. That minimum amount needed under driveways to provide access to lots. 7. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. No homeowner/lot owner/developer shall be allowed to fill in, alter, or pipe any vegetative practices (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 9. Each of the lots in the subdivision will be limited to the amount of built-upon area indicated in the approved plans and consistent with item 1 above. 10. The permittee is responsible for verifying that the proposed home plans do not exceed the allowable built-upon area. Once the lot transfer is complete, the home plan may not be revised without approval from the permittee, and responsibility for meeting the built-upon area limit is transferred to the individual homeowner. 11. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of Register of Deeds. A copy of the recorded restrictions must be received by this Office within 30 days of the date of recording. Recorded deed restrictions must include, as a minimum, the following statements related to stormwater management: a. A statement of the allowable built-upon area per lot in the following form: The allowable built-upon area per lot shall not exceed 12,843 square feet, inclusive of that portion of the right-of-way between the front lot line and the edge of the pavement, structures, pavement, walkways of brick, stone, slate, not including wood decking." 4 b. Items related to stormwater management must ;,main in the deed restriction, and this is to be indicated by including the following: "The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State." To assure that vegetated conveyances are not piped (in accordance with item 5) deed restrictions must indicate that: "Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons." 12. The Engineer/Owner/Developer/Pernuttee must certify in writing that the project's stormwater controls, and impervious surfaces have been constructed within substantial intent of the approved plans and specifications. 13. The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size b. Project name change c. Transfer of ownership d. Redesign or addition to the approved amount of built-upon area e. Further subdivision of the project area. In addition, the Director may determine that other revisions to the project should require a modification to the permit. 14. The Director may notify the pennittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. II. SCHEDULE OF COMPLIANCE 1. The permittee shall comply with the following schedule for construction and maintenance of the Low Density Option stormwater systems: a. Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built-upon surface except roads. b. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 5 2. The permittee shall at all times provide the operation and mail.,enance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections b. Sediment removal c. Mowing, and revegetating of the side slopes d. Immediate repair of eroded areas e. Maintenance of side slopes in accordance with approved plans and specifications. The permittee shall submit recorded deed restrictions limiting built-upon area per lot in accordance with Part I, item 9, within 30 days of the date of recording. 4. The Permittee shall submit the Engineer/Owner/Designer/Permittee Certification in accordance with Part I, item 12,within 30 days of completion of the project. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. III. GENERAL CONDITIONS 1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated. 3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination does not stay any permit condition. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H. 1000; and North Carolina General Statute 143-215.1 et.al. 5. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for those revisions under any of the following conditions: a. Any additions, deletions or redesign of the previously permitted amount of built- upon area proposed regardless of the size of the modification. b. Further subdivision of the project area. 6 6. The permit is not transferable to any person except after notic..o and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 7. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state and federal) which have jurisdiction. Permit issued this the 20 th day of October 2000. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION (r- y' Kerr . Stevens, Din Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7000918 7 A 6 v _i 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' (USAGE) 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 http://www.saw.usace.army.mil/wetlands/Perm_app.htm. 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 http://www.saw.usace.army.mil/wetlands/index.litm, 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://l12o.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. Paue I of 2 Coastal Area Management Act (LAMA) 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, 65 Fed. Reg. 12893 (March 9, 2000), available at http://www.saw.usace.army mil/wetlands/nwpfinalFedReg.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://li2o.ehnr.state.nc.Lis/ncwetIands/f'ees.htin1. 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 Division of Water Quality State Historic Preservation Office 401 Wetlands Unit Wetlands Restoration Program Department Of Cultural Resources 1650 Mail Service Center 1619 Mail Service Center 4617 Mail Service Center Raleigh, NC 27699-1650 Raleigh, NC 27699-1619 Raleigh, NC 27699-4617 Telephone: (919) 733-1786 Telephone: (919) 733-5208 Telephone: (919) 733-4763 Fax: (919) 733-6893 Fax: (919) 733-5321 Fax: (919) 715-267 1 US Fish and Wildlife Service / National Marine Fisheries Service US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service Raleigh Field Office Asheville Field Office Habitat Conservation Division Post Office Box 33726 160 Zillicoa Street Pivers Island Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516 Telephone: (919) 856-4520 Telephone: (828) 258-3939 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 May 2002 USACE Action ID No. DWQ No. rU Q I,), U'T-'a 4- (it-any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: K Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ © 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 18 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 Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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) fie; II. Applicant Information ?5 ? D o c r ] 3 zoos 1. Owner/Applicant Information DENR _ WATER Name: Straight Road, LLC WETLgNpS ungTtLAUTY Mailing Address: 9 Richdale Drive NA- Wilton, CT 06897 Telephone Number: 2 0 3- 5 4 4- 9 9 61 Fax Number: 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. Name ofproject: River Run Subdivision 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 21 4 7 41 7 8 4 2 4. Location County: Pamlico Nearest Town: Oriental Subdivision name (include phase/lot number): River Run Directions to site (include road numbers, landmarks, etc.): NC Highway 55 to Straight Road, NCSR 1321. Go approximately 4.5 miles project entrance 7.s on right. Site coordinates, if available (UTM or Lat/Long): N 35°-5.34' W76°-38.78' (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 118 Acres 7. Nearest body of water (stream/river/sound/ocean/lake) Broad 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: River Run Phase I is developed. Surrounding property is undeveloped or sparse residential. Page 6 of 6 10. Describe the overall project in detail, including the type of equipment to be used: Project includes development of Phase II of River Run Subdivision. Road construction includes installation of one wetland road crossing. The wetland crossing was previously authorized under NC Permit #18, Permit #0020011568 11. Explain the purpose of the proposed work: Create roadway and utility acees to upland property for 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. Jurisdictional Determination competed November 16, 2000. (Action ID 200010420) Nationwide No. 18 #0020011568 issued for two road crossings. 401 Water Quality Certification was also issued. 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. None anticipated. 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. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must 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. Page 7 of 7 1. Provide a written description of the proposed impacts: Wetland filling at Road Crossing #2 as indicated on attached map. Crossing #1 was completed as a part of Phase I construction. The originally issued Nationwide Permit No. 18 has expired and is requested to be reissued. 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** es/no) Distance to Nearest Stream feet) Type of Wetland*** * List each impact separately and identify temporary impacts. 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. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.¢ov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USAGE only). List the total acreage (estimated) of all existing wetlands on the property: 15 Acres +/- Total area of wetland impact proposed: 0.03 Acres (Crossing No. 2) *4,344 SF, 0.0997 AC total was authorized under previous permit. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name* * Average Width of Stream Before Impact Perennial or Intermittent? (please secif ) None * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, 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. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS snaps are available through the USGS at 1-800-358-9616, or online at wtvw.USItiS?. Several internet sites also allow direct download and printing of USGS maps (e.g., topozone.cum, www.ntapeest.cum, etc.). Cumulative impacts (linear distance in feet) to all streams on site: --- Page 8 of '8 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number indicate on ma) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. None List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation NONE 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.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): 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. Wetland crossings were minimized by road utility and lot layout Crossing #1 was completed as designed and originally permitted. Nationwide Permit #18 previously authorized Crossing #2 has expired. It is desire of the developer to have permit reissued so that Phase II construction can occur. 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 March 9, 2000, 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 NCWRP 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/strm,gide.htm1. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. No mitigation proposed. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): None Amount of buffer mitigation requested (square feet): None Amount of Riparian wetland mitigation requested (acres): None Amount of Non-riparian wetland mitigation requested (acres): None Amount of Coastal wetland mitigation requested (acres): Page 10 of 10 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No ? If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No X? 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? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No [k] If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total - Lone i extends out su teet perpendicular trom near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page I 1 of I I If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. XI. Stormwater (required by DWQ) Describe impervious acreage (both 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. Total project impervious area is 23.0 acres, 19.48% of total site area. Coastal stormwater Permit SW7000918 was issued for the project (copy attached) XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. On-site septic permits for each individual lot. 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. 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). Wetland impacts at Crossings #1 and #2 were previously authorized Crossing #1 was completed as a part of Phase I construction. It is the desire of the developer to complete Crossing #2. Reauthorization is requested due to expired permits. Applicant/A (Agent's signature is Martin Spratt, Member ature Straight Road, LLC only if an authorization letter from the applicant is provided.) Date Page 12 of 12 J V .. I .._.. N361 6.4?- S l -- u. Uwe, ..._ 1 -- -._. _..... .._----- .. .. _.._-_...__.- L_.?.-__ ...-- - -------- •?---- - ? 1 _ ? ._- _.. ...... 77 / ?. n T v -will O ' Ylfam (•' ; tares -i ? '° `° SITE ? ? , f -- foik Plt -- • °• ? ?`In liitn -/.. dm. creek Gil M' pomp- M - i? . f I r F Brmd r ` ? ?` Mt ` ` 1 ! r s ::. i -?r ?? ,?'` ' S1 ' ,,? i f 31 `tk'ai .?._x• ? r,+r ?J p n •? .. ' O 1 1 • it ! ! , l 51 tt31t? '? fy" I ' 4/ ` ?,:4 1 . ?t Xp x3 ._ - -. 435141 _ u. _ _ STf:1a 5 AVOLIS ENGINEERING, P., Civil and Environmental Engineering P.O. BOX 15564 NEW BERN, NORTH CAROLINA 285 PHONE: (252) 633-0068 FAX: (252) 633-6507 SITE LOCATION MAP RIVER RUN SUBDIVISION NCSR 1231, TOWNSHIP NO. 2 PAMLICO COUNTY, NC la 9 r+ A tl A? 7 ? ? E! v ?E b ffff till ? EEEdE? E? ? _H 1YId AsyNDinud TI"3AO ZK9i[9QSt) xr3 WDD-ETWSL) v R u4x 1999t 3M 'M1pp A311'9991 XOB Od 60-6.3 pl--- .3 9e WO E 7 tlNT OHVJ HJXON 'AlXDOO OOrMd -7- 'tl'd 'ONI2I33NION3 SMAV Z 'ON dMSKAO.L 'IZ£i HSON v ? ulow um NOISW08fIS NnH H3Ard 120LF SILT FENCE 60LF EA. SIDE AT R/W NEW 6" PVC WATER 1. 12 FINISH GRADE-\ 10 EXISTING GRADE--\ 8 NEW 6" PVC- WATER 6 4 2 0 11+75 12+00 13+00 WETLAND CROSSING @ RIVER RUN ROAD HORIZONTAL: 1"=50' VERTICAL: 1"=5' I 52LFx60'W 2985 SF -(4:8}- 18" - -- - SEP MINIMUM ARATION n ? CD O CD co CD 0') 404 wE??AN?S 18 (2) 48LF 43"x27" CM ARCH PIPE WETLAND CROSSING #1 /- LIMITS OF WETLAND FILL UNDERCUT THIS AREA 16" \ ? rr 13+50 Crz) S S U C-? ff- 48 40 3 LF 15" RCP 60LF SILT FENCE 30LF EA. SIDE AT R/W 14 12 FINISH GRADE 10 EXISTING GRADE8 6 ?4 NEW 6" PVC-J 2 WATER 0 00 Lr? '4 12 10 8 6 \4 2--\-DITCH LEFT/RIGHT 0 7+50 8+00 8+75 WETLAND CROSSING #2 @ WATERS EDGE LANE HORIZONTAL: 1"=50' VERTICAL: 1"=5' l rnS?,??- I (2) 48 LF 18" RCP 18"- MINIMUM COVE N N I r? d- WETLAND CROSSING #2 LIMITS OF WETLAND FILL 21 L Fx60'W - 1359 SF iNDERCUT THIS AREA 16" it- 2 0-)9 Lon U.S. ARMY CORPS OF ENGINs,,:,RS L -? laz_c 14 Wilmington District ` Action ID: ? ??UO ? - 0 L? Z County: ~ I iP? Notification of Jurisdictional Determination t--_ Property owner/Authorized Agent 11111c' e. i•, y,; [! ?- E- Address (u -o e r 1W, 14- Telephone Number r Size and Location of Property(waterbody{, Highway name/number town, etc.) €.`• :-tn C+, R 1/ :, c n-f c; /cr_ OrJ F?, 4rs_ i 7 2 n ^i it :^,., . ! c'' t n .• t `?-':4'? c. ?' ?'? -?'? ? t •+'r r! S f ? '?. , -, r_ Indicate Which of the following apply: 1 cst?s 1322 f !32+ There are wetlands on the above described property which we strongly suggest should be delineated' and surveyed. The surveyed wetland lines must be verified by our staff before the.Cprps will make a' final i . urisdictional• determination on your property. Because of the size of your property and,our present workload, our identification and delineation of your wetlands cannot be accomplished in a timely manner. Y'ou may wish:/to employ a consultant to obtain a more timely delineation of the wetland Once vour consultant has flagged a wetland line on the?property, Corps staff will review and, if it is accurate, we strongly recommend that you have the line surveyed for witho al upt an approved by edsurvey. The'Corps will not make a final jurisdict'lional determination on your property fin PP tom r el _iiTc The wetlands on your lot have been delineated''and`thelimits o' rpsj f?Co ? ` yL? ps urisdiction have been explained to vou. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed threeyears from the date of this notification. • There are no wetlands present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33?bSC 1344). Unless there is aycchange in the law or our published regulations, this deter`rmination may be relied upon for a:P'eriod not to•exceed three years from the date of this notification i.1 ? • t'vV 4A_'-? The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of Coastal Management to determine their requirements. L?L-,?, 5I, 5cv' -gcs Placement of dredged or fill material in wetlands on this property without a Department of the Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the property restricted entirely to existing high ground. If you have any questions regarding the Corps of Engineers regulatory program, please contact at 471, IF Property owner/Authorized Agent Signature n Project Manager Signature's l ! f Date ; i., c oc ; Expiration Date ! 1 ?? 12D v- _ SURVEY PLAT OR. FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM. CFSAWForm 566 G! f'e j• LrG•+ Ji7•'lc,ti•-7 s;{? G GCI? is Wit., cJo?? •LJ ...• ?i;C 1 OCT 92 ?U/r1?.?w 1 ? ? ?2ovcx? (1 520?? ?- ? 1U State of North Carolina Department of Environment and Natural Resources Division of Water Quality Washington Regional Office James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director x`0'.4 O '?ESylr QUAM N? DIVISION OF WATER QUALITY October 20, 2000 Mr. Martin Spratt 160 Mather Street Wilton, CT 06897 Subject: Stormwater SW7000918 River Run Subdivision, Phases I, II, and III Pamlico County Dear Mr. Spratt: The Washington Regional Office received the completed Stormwater Application for the subject project on September 25, 2000. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7000918 dated October 20, 2000 to Straight Road, LLC. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252-946-6481 FAX 252-946-9215 An Equal Opportunity Affirmative Action Employer Page 2 Mr. Martin Spratt October 20, 2000 If you have any questions or need additional information concerning this matter, please contact Mr. Robert Tankard at (252) 946-6481, extension 233. Sincerely, h- Jim Mulligan Regional Water Quality Supervisor cc: ?Avolis Engineering Pamlico County Inspections Washington Regional Office Central Files 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252-946-6481 FAX 252-946-9215 An Equal Opportunity Affirmative Action Employer State Stormwater Management Systems Permit No. SW7000918 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Straight Road, LLC Pamlico County FOR THE construction, operation and maintenance of stormwater management systems in compliance with the provisions of 15A NCAC 2H.1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for grass swales to serve the proposed River Run subdivision site, Phases I, II, and III; located on NCSR 1321 near Oriental. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS The following criteria are approved as meeting the stormwater rules for this project: a. The total area for this project is 118.1 acres. b. Total impervious area proposed for this project site is 23.00 acres. C. Total number of lots is sixty-eight. d. Allowable built-upon area must be consistent with proposed plans and restrictions submitted in the application by the permittee. 2. The overall tract built-upon area percentage or lot size ibr the project must be maintained at levels at least as stringent as the low density levels specified in the stormwater rules. The development must demonstrate that no areas within the project site are of such high density that stormwater runoff threatens water quality. 4. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) or curb outlet systems as defined in the stormwater rules and approved by the Division. 6. No piping shall be allowed except: a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road. b. That minimum amount needed under driveways to provide access to lots. 7. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 8. No homeowner/lot owner/developer shall be allowed to fill in, alter, or pipe any vegetative practices (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 9. Each of the lots in the subdivision will be limited to the amount of built-upon area indicated in the approved plans and consistent with item 1 above. 10. The permittee is responsible for verifying that the proposed home plans do not exceed the allowable built-upon area. Once the lot transfer is complete, the home plan may not be revised without approval from the permittee, and responsibility for meeting the built-upon area limit is transferred to the individual homeowner. 11. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of Register of Deeds. A copy of the recorded restrictions must be received by this Office within 30 days of the date of recording. Recorded deed restrictions must include, as a minimum, the following statements related to stormwater management: a. A statement of the allowable built-upon area per lot in the following form: "The allowable built-upon area per lot shall not exceed 12,843 square feet, inclusive of that portion of the right-of-way between the front lot he and the edge of the pavement, structures, pavement, walkways of brick, stone, slate, not including wood decking." 4 b. Items related to stormwater management must .;,main in the deed restriction, and this is to be indicated by including the following: "The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State." To assure that vegetated conveyances are not piped (in accordance with item 5) deed restrictions must indicate that: "Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons." 12. The Engineer/Owner/Developer/Permittee must certify in writing that the project's stormwater controls, and impervious surfaces have been constructed within substantial intent of the approved plans and specifications. 13. The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size b. Project name change c. Transfer of ownership d. Redesign or addition to the approved amount of built-upon area e. Further subdivision of the project area. In addition, the Director may determine that other revisions to the project should require a modification to the permit. 14. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. II. SCHEDULE OF COMPLIANCE The permittee shall comply with the following schedule for construction and maintenance of the Low Density Option stormwater systems: a. Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built-upon surface except roads. b. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 2. The permittee shall aL all times provide the operation and maii,.enance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections b. Sediment removal c. Mowing, and revegetating of the side slopes d. Immediate repair of eroded areas e. Maintenance of side slopes in accordance with approved plans and specifications. The permittee shall submit recorded deed restrictions limiting built-upon area per lot in accordance with Part I, item 9, within 30 days of the date of recording. 4. The Permittee shall submit the Engineer/Owner/Designer/Permittee Certification in accordance with Part I, item 12,within 30 days of completion of the project. 5. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. III. GENERAL CONDITIONS 1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination does not stay any permit condition. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et.al. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for those revisions under any of the following conditions: a. Any additions, deletions or redesign of the previously permitted amount of built- upon area proposed regardless of the size of the modification. b. Further subdivision of the project area. 6. The permit is not transferable to any person except after notic, o and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 7. The issuance of this permit does not preclude the Permittee from complying with any. and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state and federal) which have jurisdiction. Permit issued this the 20 th day of October 2000. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION - Kerr f Stevens, Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7000918 oo -- 1,'3 I "), l??R c -, ?O'- W A T FRQ 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 http://wxvw.saw.usace.army.mil/wetlands/Perin_app htm. 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 http://www.sa\v.usace.army.mil/wetlands/index.litm, 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://h2 o.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. Paste I of '2 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, 65 Fed. Reg. 12893 (March 9, 2000), available at http://www.saw.usace.army.mil/wetlands/nwpfinaIFedReQ 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://l12o.ehnr.state.nc.us/ncwetlands/fees.htm1. 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 Division of Water Quality 401 Wetlands Unit Wetlands Restoration Program 1650 Mail Service Center 1619 Mail Service Center Raleigh, NC 27699-1650 Raleigh, NC 27699-1619 Telephone: (919) 733-1786 Telephone: (919) 733-5208 Fax: (919)733-6893 Fax: (919) 733-5321 State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 733-4763 Fax: (919) 715-2671 US Fish and Wildlife Service / National Marine Fisheries Service US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service Raleigh Field Office Asheville Field Office Habitat Conservation Division Post Office Box 33726 160 Zillicoa Street Pivers Island Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516 Telephone: (919) 856-4520 Telephone: (828) 258-3939 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 ot'4 Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. CX? 3 ( Q_ ut,?, (It 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 2. Nationwide, Regional or General Permit Number(s) Requested: 18 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 Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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), c D II. Applicant Information lkgw4 1. Owner/Applicant Information 2005 Name: Straight Road, LLC ftftZNR? Mailing Address: 9 Richdale Drive raRMWAT_R Wilton, CT 06897 Telephone Number: 203-544-9961 Fax Number: 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 1 5 5 6 4 New Bern, NC 28561 Telephone Number: 252-633-0068 Fax Number: 252-633-6507 E-mail Address: avolisenq@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. Nameofproject: River Run Subdivision 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 21 4741 7842 4. Location County: Pamlico Nearest Town: oriental Subdivision name (include phase/lot number): River Run Directions to site (include road numbers, landmarks, etc.): NC Highway 55 to Straight Road, NCSR 1321. Go approximately 4.5 miles, Proiect entrance ?.s on right. Site coordinates, if available (UTM or Lat/Long): N 35°-5.34' W76°-38.78' (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 118 Acres 7. Nearest body of water (stream/river/sound/ocean/lake) 8. River Basin: Neuse Broad Creek (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: River Run Phase I is developed. Surrounding property is undeveloped or sparse residential. Page 6 of 6 10. Describe the overall project in detail, including the type of equipment to be used: Project includes development of Phase II of River Run Subdivision. Road construction includes installation of one wetland road crossing. The wetland crossing was previously authorized under NC Permit #18, Permit #0020011568 11. Explain the purpose of the proposed work: Create roadway and utility acees to upland property for 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. Jurisdictional Determination competed November 16, 2000 (Action ID 200010420) Nationwide No. 18 #0020011568 issued for two road crossings. 401 Water Quality Certification was also issued. 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. None anticipated. 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. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must 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. Page 7 of 7 1. Provide a written description of the proposed impacts: Wetland filling at Road Crossing #2 as indicated on attached map Crossing #1 was completed as a part of Phase I construction. The originally issued Nationwide Permit No. 18 has expired and is requested to be reissued. 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (es/no Distance to Nearest Stream (linear feet Type of Wetland*** * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditch i ng/drai nag" etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at httn://ww,w.fema.uYov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USAGE only). List the total acreage (estimated) of all existing wetlands on the property: 15 Acres +/- Total area of wetland impact proposed: 0.03 Acres (Crossing No. 2) *4,344 SF, 0.0997 AC total was authorized under previous permit. 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please seci None List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, 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. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usus.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., w??_w_top)zonc.con), \\l?w.manq Ul'SLCOnl, etc.). --- Cumulative impacts (linear distance in feet) to all streams on site: --- Page 8 of 8 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact (acres) (if Name applicable) ) Wat Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. None List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation NONE 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 Describe the method of construction (e.g., dam/embankment, excavation, draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): 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. Wetland crossings were minimized by road utility and lot layout Crossing #1 was completed as designed and originally permitted. Nationwide Permit #18 previously authorized Crossing #2 has expired. It is desire of the developer to have permit reissued so that Phase II construction can occur. 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. ? wetlands installation of Paee 9 of '9 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, 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 NCWRP 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/ncwet]ands/strmgide.hti-n1. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. No mitigation proposed. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp//index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): None Amount of buffer mitigation requested (square feet): None Amount of Riparian wetland mitigation requested (acres): None Amount of Non-riparian wetland mitigation requested (acres): None Amount of Coastal wetland mitigation requested (acres): Page 10 of 10 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No 0 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 ? 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? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No E If you answered "yes", provide the following information: 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. * Lone Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total Lone I extends out 3V feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page It of 1 I If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213 .0242 or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (both 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. Total project impervious area is 23.0 acres, 19.48% of total site area. Coastal stormwater Permit SW7000918 was issued for the project (copy attached) XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. On-site septic permits for each individual lot. 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. 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). Wetland impacts at Crossings #1 and #2 were previous ly authorized. Crossing #1 was completed as a part of Phase I construction. It is the desire of the developer to complete Crossing #2. Reauthorization is requested due to expired permits. / Applicant/A (Agent's signature is ?ature Straight Road, LLC Date only if an authorization letter from the applicant is provided.) Page 12 of 12 1 tl?t x•. ? t '?' i r 00? I1. • ?•?_ pal .x ?i / -c 1 I t i r Bit" r 4b ih ? , i . °' ? SITE FCWPt •- - • - '°? ; " WCniltdn c.ea C+'eak ° N r Pt 1 Cora and i•Ske1 ? } ?'N4(f'd f ? ff o ? :1 j ? i / r l{ , b. t t y r i ..'?.t t x 4 ,f 3 AVOLIS ENGINEERING, P.A. Civil and Environmental Engineering inn d P.O. BOX 15564 NEW BERN, NORTH CAROLINA 28561 PHONE: (252) 633-0068 FAX: (252) 633-6507 SITE LOCATION MAP RIVER RUN SUBDIVISION NCSR 1231, TOWNSHIP NO. 2 PAMLICO COUNTY, NC rli 1VId ANVNimmIld 'nV*d3 ZD;0-1CMr9(,r9Z) zr! Pm--Erg. UZ) A0 V Q XLY(I Ad ?"Jamj wt 36 woe +IN '. p oe 199" eu, ] c- w? tlNTtONtlO H L210N 'A 1 Nf100 OOII1ftld ONI NIDN V'd '3 SCIOAV Z 'ON dIHSNr01 'IM 2ISJN \ / 1 bQ NOISLUMS NnH 83Ard .. S la_iF la o V lit G i ) ! , ?,+* s= i 0 .. 7 0 0 ® m o o -??:: o \ O ? I ) ( I o 1 r-' ?; i 0 0 y 0 ee g:9!r l e d aril l?1??i iprl+. 01 ?} 120LF SILT FENCE 60LF EA. SIDE AT R/W NEW 6" PVC WATER 14 11 FINISH GRADE 10 EXISTING GRADE-\ 8 NEW 6" PVC-\ WATER 6 4 2 0 404 wE??ANQS 18 (2) 48LF 43"x27" CM ARCH PIPE WETLAND CROSSING #1 LIMITS OF WETLAND FILL UNDERCUT THIS AREA 16" 11+75 12+00 13+00 WETLAND CROSSING @ RIVER RUN ROAD HORIZONTAL: 1"=50' VERTICAL: 1"=5' t 13+50 CrvSS ??? ? 48 40 3 LF 15" RCP 60LF SILT FENCE 30LF EA. SIDE AT R/W 14 12 FINISH GRADE 10 EXISTING GRADE --,,,8 6 4 NEW 6" PVC ?2 WATER 0 cl? L.n 14 12 10 8 6 ?4 2? DITCH LEFT/RIGHT 0 7+50 8+00 8+75 WETLAND CROSSING #2 @ WATERS EDGE LANE HORIZ7ONTAL: 1"=50' VERTICAL: 1"=5' ?rn s? UNDERCUT (2) 48 LF 18" RCP - (4.0) 18" MINIMUM COVE WETLAND CROSSING #2 LIMITS OF WETLAND FILL 21 LFx60'W - 1359 SF THIS AREA 16" i?- 2 39 °s ce J 8 9 0 O.S. ARMY CORPS OF ENGINt SRS Wilmington District Action ID: 000 Q County:- ?. Notification of Jurisdictional Determination Property owner/Authorized Agent 1_4 C; e, , 61i C} { ;, E- Address (u ?i?lc I7. r` OU + , 0 L4 -7 Telephone Number ; .. 7 raa'? ct 9r Size and Location of Property(waterbody, Highway name/number, town, etc.) ?? rtn C S` j G: afr ryrt. r u.$['C' o_? G , /Cc; Indicate Which of the following apply: I -? csR; ` ! 3? Z f ! "t Z + 1 J??; ?, ., , ,?• r4 There are wetlands on the above described property which we strongly suggest should be delineated' and surveyed. The surveyed wetland lines: must be verified by our staff before the. Corps will make a' final jurisdictionat determination on your property. • Because of the size of your property and!our present workload, our identification and delineation of your wetlands cannot be accomplished in a timely manner. Ylou may wish,/to employ a consultant toI obtain a more timely delineation of the wetland- Once your consultant has flagged a wetland line on the?property, Corps staff will review it, and, if it is accurate, we strongly recommend that you have the line surveyed for fi nhoupt r approved survey. oe: Corps will not make a final jurisdictional determination on your property re/ k,CG td!; ?.';'a ,ice 1 - :,• j The wetlands on your lot have been delineated land the limits of`Corps jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed threeyears from the date of this notification. • There are no wetlands present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33rOSC 1344). Unless there is ay change in the law or our published regulations, this determination may be relied upon for a:period not to'exceed three years from the date of this notification. !vb`:.;A', The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of Coastal Management to determine their requirements. Placement of dredged or fill material in wetlands on this property without a Department of the Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the property restricted entirely to existing high ground. If you have any questions regarding the Corps of Engineers regulatory program, please contact at CZ J 7a t 6 Property owner/Authorized Agent Signature Project Manager Signature 1'L•,_„ Date H !' is 12oc ; V SURVEY PLAT OR FIELD SKETCH OF DELINEATION FORM MUST BE ATTACHE I'll e1 Y/re'!u-v5 rile -• CFSAW Form 566 (,r ! 4e C.- 1 OCT 92 Expiration Date DESCRIBED PROPERTY AND THE WETLAND D TO THE YELLOW (FILE) COPY OF THIS FORM. 1" l + C4 CC +0 ?J /?-r lb.-?w r rj ? ?2oUC? f l S?orrS `- ---- ?- i l • _.. _ -.-- - - - Ir;?.°1- .'Ir;IriI,.'II.?I"Imo;IY.•Ii:l?'13_ - pi U ?G State of North Carolina Department of Environment and Natural Resources Division of Water Quality Washington Regional Office James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director DIVISION OF WATER QUALITY October 20, 2000 Mr. Martin Spratt 160 Mather Street Wilton, CT 06897 Subject: Stormwater SW7000918 River Run Subdivision, Phases I, II, and III Pamlico County Dear Mr. Spratt: ? SSE ? ? ? ?Imm tL? QUAM N?_a4 O The Washington Regional Office received the completed Stormwater Application for the subject project on September 25, 2000. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7000918 dated October 20, 2000 to Straight Road, LLC. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filled with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252-946-6481 FAX 252-946-9215 An Equal Opportunity Affirmative Action Employer Page 2 Mr. Martin Spratt October 20, 2000 If you have any questions or need additional information concerning this matter, please contact Mr. Robert Tankard at (252) 946-6481, extension 233. Sincerely, n Jim Mulligan Regional Water Quality Supervisor cc: ?/Avolis Engineering Pamlico County Inspections Washington Regional Office Central Files 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252-946-6481 FAX 252-946-9215 An Equal Opportunity Affirmative Action Employer State Stormwater Management Systems Permit No. SW7000918 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Straight Road, LLC Pamlico County FOR THE construction, operation and maintenance of stormwater management systems in compliance with the provisions of 15A NCAC 211.1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for grass swales to serve the proposed River Run subdivision site, Phases I, II, and III; located on NCSR 1321 near Oriental. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: 1. DESIGN STANDARDS 1. The following criteria are approved as meeting the stormwater rules for this project: a. The total area for this project is 118.1 acres. b. Total impervious area proposed for this project site is 23.00 acres. C. Total number of lots is sixty-eight. d. Allowable built-upon area must be consistent with proposed plans and restrictions submitted in the application by the permittee. 2. The overall tract built-upon area percentage or lot size ibr the project must be maintained at levels at least as stringent as the low density levels specified in the stormwater rules. 3. The development must demonstrate that no areas within the project site are of such high density that stormwater runoff threatens water quality. 4. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) or curb outlet systems as defined in the stormwater rules and approved by the Division. 6. No piping shall be allowed except: a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road. b. That minimum amount needed under driveways to provide access to lots. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 8. No homeowner/lot owner/developer shall be allowed to fill in, alter, or pipe any vegetative practices (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. Each of the lots in the subdivision will be limited to the amount of built-upon area indicated in the approved plans and consistent with item 1 above. 10. The permittee is responsible for verifying that the proposed home plans do not exceed the allowable built-upon area. Once the lot transfer is complete, the home plan may not be revised without approval from the permittee, and responsibility for meeting the built-upon area limit is transferred to the individual homeowner. 11. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of Register of Deeds. A copy of the recorded restrictions must be received by this Office within 30 days of the date of recording. Recorded deed restrictions must include, as a minimum, the following statements related to stormwater management: a. A statement of the allowable built-upon area per lot in the following form: "The allowable built-upon area per lot shall not exceed 12,843 square feet, inclusive of that portion of the right-of-way between the front lot line and the edge of the pavement, structures, pavement, walkways of brick, stone, slate, not including wood decking." 4 b. Items related to stormwater management must .amain in the deed restriction, and this is to be indicated by including the following: "The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State." C. To assure that vegetated conveyances are not piped (in accordance with item 5) deed restrictions must indicate that: "Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons." 12. The Engineer/Owner/Developer/Permittee must certify in writing that the project's stormwater controls, and impervious surfaces have been constructed within substantial intent of the approved plans and specifications. 13. The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size b. Project name change c. Transfer of ownership d. Redesign or addition to the approved amount of built-upon area e. Further subdivision of the project area. In addition, the Director may determine that other revisions to the project should require a modification to the permit. 14. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. II. SCHEDULE OF COMPLIANCE 1. The permittee shall comply with the following schedule for construction and maintenance of the Low Density Option stormwater systems: a. Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built-upon surface except roads. b. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 2. The permittee shall at all times provide the operation and maitwmance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections b. Sediment removal c. Mowing, and revegetating of the side slopes d. Immediate repair of eroded areas e. Maintenance of side slopes in accordance with approved plans and specifications. 3. The permittee shall submit recorded deed restrictions limiting built-upon area per lot in accordance with Part I, item 9, within 30 days of the date of recording. 4. The Permittee shall submit the Engineer/Owner/Designer/Permittee Certification in accordance with Part I, item 12,within 30 days of completion of the project. 5. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. III. GENERAL CONDITIONS 1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated. 3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination does not stay any permit condition. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H. 1000; and North Carolina General Statute 143-215.1 et.al. 5. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for those revisions under any of the following conditions: a. Any additions, deletions or redesign of the previously permitted amount of built- upon area proposed regardless of the size of the modification. b. Further subdivision of the project area. 6. The permit is not transferable to any person except after notic, o and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 7. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state and federal) which have jurisdiction. Permit issued this the 20 th day of October 2000. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION l- `,- Kerr . Stevens, Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7000918 7 -M - 1 31-Z DWQ# U PI?v;Q^Z Date tY Who Review Plan Detail Incomplete ? Please provide a location mip for the.project. ? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan.o 0- Please show all wetland impacts including fill slopes on the site plan. 04 ? Please indicate all buffer impacts on the site plan. ` p,, 2- ? Please indicate proposed lot layout as overlays on the site plan. a (J?"s GL.IS 5 ? ? Please indicate the location of the protected buffers as overlays on the site plan. ?-s 31 p ?gl d1++ ? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan. E] Please provide cross section details showing the provisions for aquatic life passage., l ? Please locate any planned sewer lines on the site plan. ?1j ,1('ti 6, . n ? . Please provide the location of any proposed stormwater management practices as required by GC ? Please provide detail for the stonmwater management practices as required by GC ? Please specify the percent of project imperviousness area based on the estimated buili-out conditions. ? Please indicate all stormwater outfalls on the site plan. ? Please indicate the diffuse flow provision measures on the site plan. ? Please indicate whether or not the proposed impacts already been conducted. Avoidance and/or Minimization Not Provided ? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional information as to why it is necessary for this project. ? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the T Please revise the plans to avoid the impacts. ? This Office believes that the labeled on the plans as can be moved or reconfigured to minimi?.e the impacts to the Please revise the plans to minimize the impacts. ? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because . Please revise the plans and provide calculations to show that diffuse flow will be achieved through.the entire buffer. If it is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management practices that remove nutrients before the stormwater can be discharged through the buffer. Other ? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetiaLd impacts were requested. Please provide $ . This additional fee must be received before your application can be reviewed. ? Please complete Section(s) on the application. ? Please provide a signed copy of the application. ? Please provide Mitigation copies of the application, copies of the site plans and other supporting information. 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 211 .0500 and must be appropriate to the type of impacts proposed. ? Please indicate which 404 Permit the USACE would use to authorize this project.