HomeMy WebLinkAbout20050746 Ver 1_Complete File_20050505W AT ?RQG
0 _1C
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
July 1, 2005
Edenton Cotton Mill Development, Inc.
149 Yeager Road
Mooresville, NC 28117
Subject Property: Edenton Cotton Mill
McMullen Street/King Street
Edenton, NC
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 050746
Chowan County
Approval of 401 Water Quality Certification (GC3490) with Additional Conditions
Ladies and Gentlemen:
You have our approval, in`accordancd"with the attached conditions, to place fill material within or
otherwise impact 0.073 acres of waters to construct 50 residential units on-site as described in your
application received by the Division of Water Quality (DWQ) Wetlands/401 Unit on May 4, 2005. After
reviewing your application, we have determined that the Divistdn of Water Quality (DWQ) General
Water Quality Certification Number 3402 covers these water impacts. This Certification allows you to
use Nationwide Permit No. 18 when issued by the US Army Corps of Engineers (USACE). In addition,
you should get or otherwise comply with any other federal, state and local requirements before you go
ahead with your project including (but not limited to) erosion and sediment control regulations and
LAMA. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved
(Units) Plan Location or Reference
404/LAMA Wetlands 0.073 (acres) Sheet 3 of 3 site plans
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 /FAX 919-733-6893 / Internet: http://h2o.enr.state.no.us/ncwetIands
One
NhCarolina
dVatura!!?
An Equal Opportunity/Affirmative Action Empbyer- 50% Recycled/ 100,10 Post Consumer Paper
Edenton Cotton Mill
Page 2 of 2
July 1, 2005
2. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent"modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality
Certification (GC) 3402.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any Qf-the conditions of this Certification (associated with the approved water
impacts), you may ask for an adjudicatbry hearing. You must act within 60 days of the date that you
receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the
North Carolina General Statutes to the Office of Administrative \Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions''are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water \
Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Tom Stefens in the DWQ Washington Regional Office at 252-946-6481.
Sincerely,
Alan W. Klimek, P.E.
AWKlijm
Enclosures: GC 3490
Certification of Completion
cc: Warren Eadus, Quible & Associates, P.C. P.O. Drawer 870, Kitty Hawk, NC 27949
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
File Copy
Central Files
Filename: 050746EdentonCottonMill(Chowan)401 approval
MEMORANDUM
TO: John Dorney Regional Contact: Tom Steffens
Non-Discharge Branch WQ Supervisor: al bodge
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Edenton Cotton Mill Development County Chowan
Project Number 05 0746 County2
Recvd From APP Region Washington
Received Date 514105 Recvd By Region
Project Type Residential
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
7NW18 OTH O Y O N F__ 26-1-2 F -c NSW 30,104. 0.07
O Y O N F_F-F_F__F_F__
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) 360325 Longitude (ddmmss) 753654
Comments:
Issue n/c
cc: Regional Office
Central Office Page Number 1
Detaitsl Detail-2 Permits and Certs Cross Refs Impacts i Mitigations ;Fees Affiliations Events I Inspections Comments i History
Projectt4umber. 20050746 Version: I Status: Issued Last ActionDesc: Projectissued
Project Name: Edenton Cotton Mill Development Project Type: Residential Subdivision PrimaryCount/: Chowan
'Type 14umber Statutory- ate! Issued Date
General 404 Nationwide NW18
i
I
Individual 'Type 'Number IStatjtory Dale IssuedDate
?
Buller r TufierRule `Ac ti on Statutory Date
<Back
Comments
Issued Date I EMC Hearinn Date
Close
i
Ready SID: WPPC .
401 comments
Subject: 401 comments
From: Tom Steffens <Tom.Steffens@ncmail.net>
Date: Tue, 14 Jun 2005 16:05:53 -0400
To: ian <Ian.Mcmillan@ncmail.net>
CC: Kyle Barnes <kyle.barnes@ncmail.net>
the following comments have been enteredd into fp50 in response to the tracking list
05-0716 Edenton Cotton Mill 16-Jun 401 6-May
Issue n/c
Awaiting ltr to fill in approved project details
Dbase updated w/ approval date only
L. Dennison
05-0726 Mary L. Perchy 16-Jun 401 25-Apr
Issue n/c
05-0719 Chowan River Resort Marina 14-Jun dcm maj 27-Apr
Issue w/condition that applicant provide notarized letter of no intent to sell
fuel. Application has conflicting statements to that effect.
variance issued by WaRO this week
6-Apr tas tas genmaj 6-Jun
Pamlico Donald Grizzard
Issue no cond, Zone II impacts only no mit
10-Jun tas tas min var 10-Jun
Beaufort Windsong III Lot 21
Hold- needs justification for house site, needs professional appraisal for
economic hardship
1 of 1 6/14/2005 4:08 PM
Triage Check List
Date: Project Name: V,
County:
To: ? ARO Kevin Barnett ,,,?WaRO Tom Steffens d Kyle Barnes
? FRO Ken Averitte ? WiRO Noelle Lutheran
? MRO Alan Johnson ? WSRO Daryl Lamb
? RRO Mike Horan
From: -G Telephone : (919)
The file attached is being forwarded to Aour for your evaluation.
Please call if you need asst}stance.
1 .
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
.Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with praT-appiidn meetings?
? Cumulative impact concern
Comments: 'VI(_ 7 ci s_ AA o IT «' - 4,
Qz---
Quible & Associates, P.C.
ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING
SINCE 1959
April 28, 2005
NO@ Ugoym 0
MAY d 2005
r
Mr. John R. Dorney OVA • WATER QUALITY
NCDWQ-401 Wetlands Unit AND STOrJrVATE/iC1UoXH
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: Nationwide 18 Fill Permit Application-Wetlands Shading
Edenton Cotton Mill Development, Inc.
USACE Action ID Number 200410799
Dear Mr.Dorney:
P.O. Drawer 870
Kitty Hawk NC 27949
Phone: 252-261-3300
Fax: 252-261-1260
PRINCIPALS
Sean C. Boyle, P.E.
Joseph S. Lassiter, C.E.P.
Eduardo J. Valdivieso, P.E.
ASSOCIATES
Joseph J. Anlout, P.E.
Katherine C. Morchello, P.L.S.
David S. Neff
Please find enclosed seven copies of an application and associated documentation for a Nationwide 18
Fill Permit Application tashade 0.073 acres of cypress swamp forest at the Edenton Cotton Mill in
Edenton, Chowan County. The Nationwide 18 Fill Permit Application was originally submitted to Mr.
William Wescott in November of 2003. The USACE approved the Nationwide 18 Fill Permit for
shading of wetlands at the site on December 14, 2003. A 401 Water Quality Certification was checked
on the original forms. However, the former consultant did not submit any copies or a check to the
Division of Water Quality (DWQ), siting that the project was exempt from DWQ certification
requirements.
Proposed mitigation at the site was originally preservation through conservation easement at a 60:1 ratio,
and creation of 0.10 acres of cypress swamp forest. A permit modification request was submitted to the
USACE on April 4, 2005 requesting that the mitigation requirements be reduced to include only the
preservation of wetlands through conservation easement.
The enclosed permit application is a request for 401 Water Quality Certification. The project as
proposed has already begun, however, there have been no impacts to wetlands to date.
The proposed project is shading of 0.073 acres of cypress swamp forest in Chowan County at the
Edenton Cotton Mill Site. The cotton mill is being renovated to create multi family and single family
residences. The developers propose to construct four single family units on piles over the cypress swamp
forest on site. The building construction will permanently shade the wetlands.
The following figures and documentation have been included with the permit application:
• Original Site Survey (Hyman and Robey)
• Proposed Site Plan divided into three sheets (sheets 1-3)
• Copy of original Nationwide 18 Fill Permit Application prepared by Roger Schecter
• Copy of relevant portion of USGS Topographic Quadrangle-Edenton
• Copy of Permit Modification Request-USACE
• Copy of Agent Authorization Letter
Please do not hesitate to contact the undersigned at (252) 261-3300 if you have any questions or
comments concerning this project.
Sincerely,
Quible & Associa es, P.C.
Warre Eadus
enc as stated
cc Mr. Henry Yates
Mr. Thomas Wilson
Mr. Tom Steffans
QUIBLE & ASSOCIATES, PC
P.O. DRAWER 870 PH. 252-261-3300
KITTY HAWK, NC 27949
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Office Use Only: Dl`f;+ • WAfiCFt QUALITY Form Version May 2002
t? aDSa'?D srail?yyTER mu"CH
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
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: Nationwide 18 Fill (Shade
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: ?
If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Edenton Cotton Mill Develooment. Inc.
Mailing Address: 149 Yeager Road Mooresville, NC 28117
Telephone Number: 704-663-5115 Fax Number: 704-663-1971
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: Warren Eadus
Company Affiliation: Quible & Associates, P.C.
Mailing Address: P.O. Drawer 870, Kitty Hawk, NC 27949
Telephone Number: 252.261.3300
E-mail Address: weadus@auible.com
III. Project Information
Fax Number: 252.261.1260
Page 5 of 13
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Edenton Cotton Mill
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 7804-08-98-3307
4. Location
County: Chowan Nearest Town: Edenton
Subdivision name (include phase/lot number): Edenton Cotton Mill
Directions to site (include road numbers, landmarks, etc.): From Edenton head south on
Queen Street. Turn right on East Eden Street and then left on East King Street. Edenton
Cotton Mill is at end of street at intersection of McMullan and King Streets.
5. Site coordinates, if available (UTM or Lat/Long): 36°03'25.29", 75°36'54.0"
(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)
14.36 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Queen Anne Creek
8. River Basin: Pasquotank
(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/niaps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site, a former cotton mill, is being renovated into
residential housing. The surrounding area is chiefly residential.
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used: The
overall project is the construction of 50 residential units. Four of the 50 units are single
family residential homes that are being constructed over a cypress swamp forest on site. The
buildings are going to be constructed using_ pile supported techniques. Please note, the ten
single family residences will shade 0.073 acres of cypress swamp forest. There is no
proposed fill of wetlands or water of the state associated with this permit application. The
equipment used will be typical of projects of this type. Please note, a USACE Nationwide 18
fill Permit has already been issued for the proposed work.
11. Explain the purpose of the proposed work: The purpose of the work is the construction of
four single family residences to complete the design of the Edenton Cotton Mill.
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.
A General Permit was issued on 12-14-03 by the USACE. The Action ID Number is
200410799.
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.
A Maior CAMA Permit is being pursued to construct water dependent structures (boat slips and
pier) and an access walkway through the wetlands on site.
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.
1. Provide a written description of the proposed impacts: None
Page 7 of 13
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***
Al Permanent
shading 0.073 Yes --400' from UT
Queen Anne Creek Section 404-Cypress
Swamp Forest
* 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.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: 6.08 acres
Total area of wetland impact proposed: 0.073 acres
3. Individually list all intermittent and perennial stream impacts below: NA
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 )
* 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.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapgtiest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: NA
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: NA
Page 8 of 13
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres)
Name Wat
(if applicable) ) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
List each impact separately and identity temporary impacts. Impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation NA
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.
Due to the size of the development and existing impervious surfaces. additional site area was
required to adequately size the stormwater detention ponds. Therefore the anticipated number of
single family residential units was decreased.
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.
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
Page 9 of 13
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://l12o.enr.state.nc.us/ncwetIands/strm( ,ide. lit nil.
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.
Preservation of 6.01 acres (all remaining wetland acreage on site) of wetlands through a
conservation easement was proposed as mitigation at the site. In addition the former
Environmental Consultant offered wetlands creation at a ratio greater than one to one A
copy of the original PCN has been included as an Attachment to this document Please note
a formal permit modification request was sent to Tracey Wheeler on March 30, 2005 The
modification request asked for the elimination of the wetlands creation as mitigation at the
site. The originally offered mitigation was found to be excessive.
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/wm/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information: NA
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Page 10 of 13
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. 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 ® 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
Gone 1 extends out 3U feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, 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.
Page 11 of 13
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.
A separate Stormwater Management Plan has been submitted and approved. Please note, this
request for 401 Water Quality Certification is an after the fact event. Many aspects of the project
excluding the items discussed herein have already begun.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
All wastewater will be handled by the Town of Edenton.
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).
The applicants retained the services of an environmental consultant who failed to submit the
required documentation and Processing fee to the DWQ when the permit was submitted to the
USACE. The consultant felt that the proiect was exempt from DWQ 401 Water Quality
Certification because the impacts to the wetlands were shading and not fill. Discussions with the
DWQ in the Washington Regional Office indicate that the DWQ would still require five copies
of the PCN and a processing fee for this type of project. The USACE General Permit was issued
in December 2004 and the developers are ready to begin work on construction of the single
family homes. Therefore your timely cooperation in this matter is greatly appreciated.
Page 12 of 13
-/?, 7 d5 - -
Ap icant/Agent's Signature Da e
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
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Quible& Associates, P.C. ! EDENTON COTTON MILL
ENGINEERING PLANNING ENVIRONMENTAL SCIENCES COLOR IMAGING Dote: 04/28/05 Scale: -- - 50 u
Project No.: Designed By WDE SHEET
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ERING PLANNING ENVIRONMENTAL SCIENCES COLOR IMAGING Date: 04j28/05scale 1' So'
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Quible & Associates, P.C.
ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING
SINCE 1959
March 30, 2005
Mrs. Tracey Wheeler
US Army Corps of Engineers
PO Box 1000
Washington, NC 27889
Re: Edenton Cotton Mill
USACE Action ID# 200410799
Mrs Wheeler:
P.O. Drawer 870
Kitty Hawk, NC 27949
Phone: 252-261-3300
Fax: 252-261-1260
PRINCIPALS
Sean C. Boyle, P.E.
Joseph S. Lassiter, C.E.P.
Eduardo J. Valdivieso, P.E.
ASSOCIATES
Joseph J. Anlauf, P.E.
Katherine C. Marchello, P.L.S.
David S. Neff
This letter serves as a formal request for a permit modification for the above referenced General Permit
issued to Thomas Wilson owner of the property referenced as the 14.36 acre Edenton Cotton Mill
Property. _
The proposed project is the shading of 0.073 acres of cypress swamp forest with pile supported
residential homes. The original permit offered mitigation through a conservation easement at a ratio of
60:1, and creation of 0.10 acres of cypress swamp forest. The original permit application was prepared
by a different consultant and upon review by Quible & Associates, P.C. (Quible) the mitigation offered in
the permit was found to be excessive for the work proposed. Therefore, on behalf of the Edenton Cotton
Mill, Quible respectfully requests that the mitigation requirements be reduced to the 60:1 preservation to
conservation easement, and omit the 0.10 acre cypress swamp forest creation.
A sample conservation easement will be forwarded to the Edenton Cotton Mill for preparation by their
attorney(s). During conversations and meetings with you on this matter I understand that you have a
copy of the permit on file. I have not included a copy of the permit for this reason. However, if you
require an additional copy or any related materials please do not hesitate to contact me immediately at
252.261.3300 or via electronic mail.
Sincerely,
arren Ead , G.
cc Henry Yates
enc
02/07/2005 14:13 5 4823390 YATES
PAGE 02
U.S. ARMY CORPS OF ENGINEERS Onc
WILMINGTON DISTRICT ^
Action ID. 20041079 County Chowan v
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Thomas Wilson
Address: 14 gaiter Road
Moorecville, Nnrth. Carnlina 2R117
Telephone No.: 704-663-5115
Size and location of project (water body, road name/number,-town, etc.) Edenton Cotton AZill property
consists of 14.36 acres located on McMullan Avenue in Edenton and adjacent to Queen Anne
Creek. Jurisdictional Determination reference ACTID 200310308.
Description of activity Permanently impact 3,200 square feet (0.07 acres) of cypress swamp forest
for the construction of four residential housing units.
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344)
_ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number
Nationwide Permit Number WP 18
Your work is authorized by the above referenced pern-. t provided it is accomplished in strict
accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 of the Clean Water Act (as indicated above), before beginning work you must receive a Section 401
water quality certification from the N.C. Division of Water Quality (telephone (919) 733-1786). For any
activity within the twenty coastal counties subject to regulation under the Coastal Area Management Act
(CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management (telephone
(919) 733-2293.
Plcasc read and comply with the attached conditions. Any violation of these conditions may subject
the permittee to a stop work order, a restoration order and/or appropriate legal action.
This Deparnnent of the Army verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps
of Engineers regulatory program please contact William Wescott at 252-975-1616 extension 25.
Date 1.2-14-2003
Corps Regulatory Official
Expiration Date of Verification 12-14-2005
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT
PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF
REQUIRED OR AVAILABLE.
Received OZ-OT-ZO05 0P:14pm From-P5P49 M U To-QUIBLE&ASSOCIATES Page OOP
02/07/2005 14:13 2524823390 YATES PAGE 16
Regulatory Division
Action ID No. 200410799
Thomas Wilson
149 Yeager Road
Mooresville, North Carolina 28117
Permit Special Conditions
December 14, 2003
Your work is authorized by Nationwide Permit 18 provided it is accomplished in
strict accordance with the attached General Conditions and the following Special
Conditions: -
a. All work authorized by this permit must be performed in strict compliance with the
submitted plans, which are a part of this permit.
b. No construction within waters of the United States, including wetlands, shall be
commenced prior to the submission of a final mitigation plan by the Permittee, and
approval of that plan by the Wilmington District's Regulatory Division. The final plan
should be submitted to Mr. William Wescott, Washington Regulatory Field Office, Post
Office Box 1000, Washington, North Carolina 27889-1000.
c. The Permittee shall restore or cause to be restored 4,500 square feet (0.103 acres)
of cypress swamp forest comparable to the wetlands being impacted.
d_ The Permittee shall preserve and maintain 6.01 acres of DA jurisdictional
wetlands identified on the applicant's property plat. The Permittee is prohibited
from performing any of the following activities on the property: Filling; grading;
excavating; earth movement of any kind; construction of roads, walkways, .
buildings, signs, or any other structure; any activity that may alter the drainage
patterns on the property; the destruction, mowing, or other alteration of vegetation
on the property; disposal or storage of any garbage, trash, or other waste material;
or any other activity which would result in the wetlands being adversely impacted
or destroyed.
e. Prior to beginning work authorized by this permit, the Permittee shall
execute and cause to be recorded a conservation casement prohibiting those
activities listed in condition d. above. The holder of this easement shall be
approved by the Corps of Engineers prior to recordation of the easement. The
Received 02-07-2005 02:14pm From-2524828390 To-QUISLE&ASSOCIATES Page 018
02/07/2005 14:13 2524823390 YATES PAGE 17
2
Permittee shall provide the Corps of Engineers, a copy of the recorded easement
within 60 days of the recordation of the easement. The Permittee shall take no
action inconsistent with the terms and purpose of the conservation easement on
the property described therein.
l( ?1
f. Condition e. above runs with the land. The Permittee shall not sell, lease, or
otherwise convey any interest in the property without first providing sixty (60) days
written notice to the Corps of Engineers of the proposed conveyance. The instrument
effecting such conveyance shall include legally binding restrictions on the use of the
mitigation property as described in condition d. above, to be enforceable by the Permittee
as well as the U.S. Army Corps of Engineers, Wilmington District. The instrument
establishing such restrictions shall be subject to the approval of the Corps of Engineers.
The Permittee shall enforce the terms of the required restrictions.
g. Excavated or fill material shall not be placed in any location or in any manner so as
to impair surface water flow into or out of any wetland area.
If you have not-already done so, you should contact Mr. John Dorney, North Carolina
Division of Water Quality, telephone (919) 733-1786, regarding Section 401 Water
Quality Certification. This nationwide permit does not relieve you of the responsibility to
obtain other required State or local approval. This verification will be valid for two years
from the date of this letter unless the nationwide authorization is modified, reissued or
revoked.
Thank you for your time and cooperation. Questions or commcats may be addressed
to Mr. Wescott, Washington Regulatory Field Office, telephone (252) 975-1616,
extension 25.
Recoivod 02-07-2005 02:14pm From-2524823390 To-QUIBLE&ASSOCIATES Page 017
PAGE 04
02/07/2005 14:13 2524823390 `=w
MAY h 2005
Office Use Only:
USACE Action ID No.
(If any particular item is not app
1. Processing
DEl'1R - WATER QUALITY
V.'Z1VJMAN'D STORUNATER BRANCH
Form Version May 2002
DWQ No.
to this project, please enter "Not Applicable" or "NIA".)
I . Cher all of the approval(s) requested for this project:
ection 404 Permit Q Riparian or Watershed Buffer Rules
? S tion 10 permit isolated Wetland Permit from DWQ
401 Water Quality Certification\A(RC.4p --:V Z
2. Nationwide, Regional or General Permit Numbcr(s) Requested: f ul
3. If this notification is solely a courtesy copy because written approval for the 401 Cerrification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigationzf 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 ea of
environmental Concern (see the top of page 2 for further details), check here:
¦?V? - ??t?? ?? -?stcL??? rao ??W??
H. Applicant Information
Owner/Applicant Information
Name. c7 wvft? )A zu?
Mailing Address:
2. AgendConsultant Information
must be a ched if the Agent I
I 1.46C.
Name:
Company Affiliation:
Mailing Address:
(A signed and dated cop of the Agent Authorization letter
q,-,.,signatory authority for the owner/applicant.) ;:*-
Telephone Numbers.';- - ?'3g• a.17 Fax Number:
E-mail Address: !?!>Q 0r-K,?? ?Ly+.?S?Qr% uL- Q?L:&Jo ?-
Page 5 of IZ
Received 02-07-2005 02:14pm From-2524823390 To-QUIBLEBASSOCIATES Page 004
Telephone Number? 3 - Fax Numbe .
E-mail Address: -
02/07/2005 14:13 2524823390 YATES PAGE 05
(((, Project Information
Attach a?Kiaity map clearly showing the location of the proper -it l-, respect to local (?
landmarks such as towns, rivers, and roads. Also provide a detailed to pla ^showing prope rkOFA
boundaries and development plans in relation to surrounding properties. Both the vicinity ma s>
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or?? at e acilities must be included. If Ms *lc, the maps and plans should
include the appropriate`US Topographic Quad Map and NRC 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 I I 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 6
the project has been placed on hold until decipher?a?ble? maps arc provided.
1. Name of project.
2. T.I.P. Project Number or State Project Number (NCDOT Only):'
3. Property Identification Number (Tax PIN):
4_ Location r-
County: Q,?4t?t>l u O Nearest Town: 6"OGr%kA49*'
Subdivision name (include phase/lot number): LAc
Directions to ?sit?e? (include road n mbcm, landmarks, etc.): '
V1 \"7?0 ML? S
? LI L2?bck3?
5. Site coordinates, if available (UI'M or Lat/Long): t4 f'o
(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): k.2t Pry -tom ' !?O( 6111D& uw 64%
7. Nearest body of water (stream/river/sound/ocean/lake) oIIE3;g
8. Pivcr Basin: Qywck?
(Note - this must be one of North Carolina's seventeen designated major river basins. The
)
River Basin map is available at
9. Describe the existing conditions on the st nd general land use the vicint of the project
at the time of this application:-15-t0 h
Page 6 of 12
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02/07/2005 14:13 2524823390
10. Describe thp,pvcrall project in detail,
YATES
the
of cquipment;o ?e
PAGE 06
IV. Prior Project History
if jurisdictional determinations and/or permits have been requested and/or obeained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USAGE Action ID Number, DWQ Project Number, application date, and date permits and
eenifications 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
co truction scchgc ales.
wVXI AKW'.5-
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
apd,provide justification for the exclusion of this work from the current application.
KA13 G;-
V1. Proposed Impacts to Waters of the United StatewWaters of the State
It is the applicant's (or agent's) responsibility to determine, dclineatc and snap all impacts to
wetlands, open water, and stream channels associated with the project. The applicat3t 4huftans'o
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 12
Received 02-07-2005 02:14pm From-2524823390 To-QUIBLE&ASSOCIATES Pale 006
02/07/2005 14:13 2524823390 YATES PAGE 07
1. Provide atwrincn qms pdon of the
I in
10-
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma
Type of Impact' Area of
Impact
acres L.ocatcd within
100-year Floodplain"
eslno Distance to
Nearest Stream
linear feet
Type of Wetland'"
a'o7
;A-
List tech impact scparawlr and identify temporary impacts. Impacts include, but ate not urnited to: mechant.•ea etranng, grading, lul,
excavation, flooding, ditchingidrainage, etc. For dams, scparatcly list impacts due to both strucn= and flooding.
100-Year floodplains are identified through the Federrl Emergency Management Agency's (FF-MA) Flood Insurance Rate Maps
(FIFLM), or FEMA-approved local floodpWn maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at .. ..._...............__.•
List a wetland type that best describes wetland to be impacted (e.a., freshwater/aaltwater marsh foreatcd wcdand, bcavor pond.
Carolina Day. bog, etc.) Indicate if wetland is isolated (determinarion of isoiation to be made by US ACE only).
List the total acreage (estimated) of all existing wetlands on the property: G • A7r-
Total circa of wetland impact proposed: O. 0113 k-1-
3. Individually list all intermittent and perennial stream impacts below: tJouC'
Stream Impact
Site Number
indicate on ma
Type of Impact' Length of
Impact
linear fret
Stream Names' Average Width
of Stream
ncforc Im arc Perennial or
Intermittent?
Icwc s i
• List each impact separately and identify temporary impactm impacts include. but are not limited to: culverts and associated rip-rap.
dams (separately list impacts due to both structure and flooding), relocation (irtclude linear feet before and after, and act loss/pip),
smollization activities (cement wa1L tip-tap, crib wall. gs0lons. etc.). excavation. ditehing(straigttrcmng, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated stmarns must be included.
•• Stream names can be found on USGS, topographic traps. 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
several intanct sites also allow direct download and printing of USGS mops (e.g..
etc.).
Cumulative impacts (linear distance in fret) to all strearrrs on site:
Page S of 12
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02/07/2005 14:13 2524823390 YATES PAGE 08
-t. Individually list all open water impacts (including lakes, ponds. estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: 46,tt4f
e of Watethody
T
Open Water Impact
Site Number
indicate on map)
Type of Impact' Area of
Impact
acres Name of Waterbody
(if applicable) yp
(lake, pond estuary. sound,
bu ocean etc.)
• r __._w .,.. AEI -...-..-r.nn AredmnQ_
List earn [mpao scparuay anv 19cnury -F--Y I...F---
flooding. drainage. bulkheads. eta
5. Pond Creation t-laeze-
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 lication.
Pond to be created in (check all that apply): [I uplands astream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-downs valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local storrtlwater 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. 'lbe applicant may attach drawings of alternative, lower-impact
sire 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 ti? by follg%ed during construction to reduce impacts.
V111. 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.
ti
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PAGE 09
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Fedcral 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
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
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 wcbsite at If use of
the NCWRP is proposed, please check the appropriate box on page thrrc an&prtTvf& M
following infbrmation:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
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(X. Environmcntal Documentation (rcquircd by DWQ)
Does the project involve an expenditure of public (federallstate) fiends 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) 733-5033 to review current thresholds for environmental documentation.
Yes L 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 lener. :? .
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts arc 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 Buffet Requirements), or other (please identify )?
Yes ? No [ 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 fact Multiplier Required
Mitigation
I 3
2 I.5
Total
Lune 1 extends out 30 feet perpendicular from near bank of channel: Zone'_ extends an
additional 20 Net from the edge of Zone I.
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X[.
XII.
(f buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.. Donation
of Property, Consc-rvation Eascmcnt, Riparian Buffcr Restoration / Enhancement. Preservation or
Payment into the Riparian Buffer Rcstorarion Fund). Please artach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Stormwster (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss storrrtwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed proo''e_ct, or available capacity of the subject facility.
IAA )4,- , ,..l Hsu vin IL' to k h ?c l Y3 e?Q?+?a
XIII. Violations (required by DWQ)
15 this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules?
Yes ? No 0?
is this an after-the-fact permit ap lication?
Yes [I 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 lirnits 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 coaaa4. -
pp 'cant/Agent's Signature ( Date
(Agent's signature is valid only if an authorization letter from the applicant is provided-)
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ADDENDUM: NWP 18 WETLANDS APPLICATION
EDENTON COTTON MELL DEVELOPMENT
Town of Edenton; County of Chowan
North Carolina
PAGE 13
IIh9 Existing Development
The Old Edenton Cotton Mill and surrounding out buildings arc the dominant features
covering most of the 14 acres of upland on the site. The Mill building itself, an excellent
example of Italianatc Revival, is listed on the National Historic Register by the National
Park Service. As shown by the Plat "Existing Site Development", the area is almost fully
developed A large portion of the area was historically filled, raising the site elevation to
x-10 to +14 feet. Steep contour lines along the eastern and southern alignments of the
cypress swamp forest, and the presence of solid fill just below the surface soil attest to
historical disturbance. Water access is available via a small ramp and dock to Queen
Anne Creek at the eastern boundary of the site.
The area surrounding the Mill is residential in nature and the area is undergoing some
reconstruction and re-development of old mill houses, as well as new residential
development.
II1.10 Proposed Development
The project proposes to convert the sprawling complex into a mixed-use development
primarily utilizing the existing buildings. These will primarily be for residential uses,
while others will be converted to modest commercial uses intended to support the
residents of the complex and adjoining mill village.
The 49,200 square foot (sf) Mill will be divided into 29 residential condominiums from
1,435 sf to 3,100 sf. The Mill basement is within the 100-year flood plain and will be
used only as unconditioned storage. The existing 6,200 sf boiler and engine houses will
be converted into a mix of professional office and caf6 space. The existing 3.600 sf
picker room will be converted into professional office space, and in the mill yard, the
existing 9,900 sf cotton house will be converted to retail. Also in the mill yard, the
existing 3,800 sf warehouse w111 be divided into two residential units.
The existing out building located to the east of the asphalt driveway and the wetland line
will be removed as the majority of this area is needed for construction of the required
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VIA
VIi
stormwater detention pond, Additional area dedications are required to meet the Town
of Edenton Unified Zoning Ordinance which requires a minimum of 199 spaces. These
are shown at the center of the development and depicted in the Plat. Proposed Site
Development.
New construction is proposed to add ten, two-story wood framed houses ( Creek Houses)
as shown on the Plat, Proposed Site Development. Each of these homes will contain
between 800 sf and 1,500 st. The four units just to the east of the old warehouse are
proposed to be constructed on pilings and would be elevated over approximately 3,200 sf
of wetlands (see response to items Vt. VIi and V111).
Proposed Impacts
The Applicant proposes to construct four of the Creek. Houses partially over the
delineated wetlands as shown in the Plat, Proposed Site Development. The shaded area
depicted is approximately 3,200 --f and will consist ofpilinps. No fill or related
alteration of the wetlands is proposed and the primary impact will be a shading of this
area of understory of the swamp forest habitat.
Impact Justification
In the early planning/design phasc5, twelve Creek i4ouses were anticipated in the existing
massed area to the east of the mill complex (see flat, Existing; Sitc Development). As
development plans progressed considerably more area than was planned would need to
be set aside to meet stormwater and parking requirements respectively from the State and
To%vn.
In particular, the size of the detention pond in volume and area was recalculated with the
increased impervious surface from the required additional parking to accommodate an
85% coverage. The calculations (attached to this Addendum) require a pond of
approximately 5 acres and a storage area of 10,121 sf' (See Plat, Proposed Site
Development)
The alternative chosen was to reduce the number of proposed units from 12 to 10, and to
site a portion of four of the foot prints over 3,200 sf of historically filled wetlands.
No other impacts to wetlands are expected.
V111 Mitigation
in addition to preserving the 6.01 acres of the existing 6.08 acres of wetlands at the site,
the applicant proposes to mitigate the .073 acres (3.200 sf) of shaded wetlands by
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• s sf) of h?sturically filled wetlands on site. The proposed area is
restoring 0.1 ac rc (4,500
located sU area 1 layerGait, 18U)
roximately 60 feet west of the Impacted wetland hrea th
Severaal l meet above "natural'' elevations and is characterized
several app
covering solid rack or rip rap till.
1'he area, shown in Plat, Proposed Site Development, will be excavated to remove the
debris and till material, finished contoured to approximately +--33 feet or less and
landscaped into the existing, elevations of wetlands on the area's southern side. Naturally
occurring species will bG planted and the available seed sources of existing species will
expand to the restored area.
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04/29/2005 13:28 2524823390
?4-26-2006 12:06pm Frcm-QJ1UE9ASSOCIATES
April 28, 2005
Henry Yates
Edenton Cotton Mill Developmcm, Inc.
X01 East Queen 5treat
Edenton, ANC 27932
Re: Edenton Cotton Mill
YATES PAGE 02
252261'250 T-063 P.002/002 F-170
To Whom It May Concern:
T a;rthorize Quible & Associzam P.C. to act as my agent for permining Issues related to CAMA
Permitting. Nationwide 18 Fill and water Q1:aliry Certification at tie property refcrcttccd as tho Edemon
Cotton Mill.
Sincerely,
Edenton Cotton Mil, Inc.
Henry Yaws
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