HomeMy WebLinkAbout20190009 Ver 1_401 Application_20181228o'� W AT F9�G
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
1
Pre -Construction Notification PCN Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: NWP 12 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
❑ Yes
® No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
❑ Yes
® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2. Project Information
2a. Name of project:
Sedge Hollow
2b. County:
Forsyth
2c. Nearest municipality / town:
Kernersville
2d. Subdivision name:
Sedge Hollow
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
Shugart Enterprises, LLC
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
Mr. Greg Garrett
3d. Street address:
221 Jonesville Road
3e. City, state, zip:
Winston Salem, NC 27104
3f. Telephone no.:
336.765.9661
3g. Fax no.:
3h. Email address:
greg@shugarthomes.net
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
Bradley S. Luckey
5b. Business name
(if applicable):
Pilot Environmental Inc.
5c. Street address:
PO Box 128
5d. City, state, zip:
Kemersville, NC 27285
5e. Telephone no.:
336.708.4997
5f. Fax no.:
5g. Email address:
bluckey@pilotenviro.com
Page 2 of 12
PCN Form — Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
6895-82-95-44, 6865-92-3869, 6865-92-4505 & 6865-92-
9329
1 b. Site coordinates (in decimal degrees):
Latitude: 36.0852 Longitude: - -80.1192
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size:
44 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Fishers Creek (nearest). Fiddler's Creek (receiving
proposed project:
waters)
2b. Water Quality Classification of nearest receiving water:
Class C
2c. River basin:
Yadkin
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Phase I and II of the Sedge Hollow single family residential subdivision have been constructed on the northern portion of
the site. The southern portion of the site contains undeveloped cleared/graded land and wooded land. Structures are not
located on the undeveloped portions of the site. The site is located in a residential/rural area of Kemersville, Forysth
County, North Carolina.
3b. List the total estimated acreage of all existing wetlands on the property:
—1.5 Acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
-1,750 LF perennial stream
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to provide municipal wastewater treatment and long term maintenane access to
Phase III of Sedge Hollow residential sub-division.
3e. Describe the overall project in detail, including the type of equipment to be used:
The overall project consists of development of the site with a residential sub-division. The sub-division has been planned
to be constructed in four phases. Phases I and II have already been completed. Phase III is proposed to be developed
immediately. Phase IV of the subdivision has been conceptually planned to be completed following partial build out of
Phase III. In order to provide maintenance access and municipal wastewater service to Phase III, a stream/wetland
crossing with a sewer line is necessary. In order for the proposed sewer line crossing to be approved by the local
jurisdiction, the crossing cannot be an aerial crossing and the sewer line crossing must be buried. Due to existing
topographic conditions, the sewer line can only be buried if fill is placed within the stream and wetlands. To facilitate
development of the site and construction of the proposed crossing, clearing and grading portions of the site are
necessary. Graders, haulers, excavators and other heavy equipment will be used during site construction.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes ElNo ElUnknown
project (including all prior phases) in the past.'
Comments: SAW-2016-01523
4b. If the Corps made the jurisdictional determination, what type
® Preliminary ❑ Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: Pilot Environmental, Inc.
Name (if known): Michael Brame/Bradley Luckey
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
SAW-2016-01523=8/15/16
Page 3 of 12
PCN Form — Version 1.3 December 10, 2008 Version
5. Project History
5a. Have permits or certifications been requested or obtained for
❑ Yes ® No ® Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
The project is a phased project. Phases I and II have previously been completed with no impacts to Waters. Impacts to
streams/wetlands, outside of those proposed in this application, are not anticipated as a result of the remaining phases of
the proposed project.
Page 4 of 12
PCN Form — Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non404, other)
(acres)
Temporary
W1 ®P ❑ T
Sewer Line Fill
PFO
® Yes
❑ No
® Corps
❑ DWQ
0.07
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0.07
2h. Comments: The sewer line crossing will permanently impact 0.07 acres of wetlands from culvert/earthen fill.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ®P ®T
Sewer Line
Culvert Fill/Rip-
® PER
EJ INT
® Corps
DWQ
4
122/21/10
Rap/Pump Around
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 [:]PRT
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
122/21/10
3i. Comments: The proposed sewer line crossing will permanently impact 122 linear feet of stream channel with
culvert/earthen fill and 21 linear feet of stream channel with keyed in rip -rap energy dissipater. Due to the proposed
permanent impacts from rip -rap being keyed into existing stream bed elevation, the permanent impact from the rip -rap energy
dissipater is not considered a net loss of stream. Additionally, the proposed culvert pump around will temporarily impact 10
Page 5 of 12
PCN Form — Version 1.3 December 10, 2008 Version
linear feet of stream channel. Areas of temporary impact from the sewer line and road crossings will be restored to similair
pre -construction bed/banks conditions, matted and seeded.
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number—
Permanent (P) or
Temporary
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody type
4e.
Area of impact (acres)
01 ❑P❑T
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
4f. Total open water impacts
4g. Comments: Open water impacts are not proposed.
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID
number
5b.
Proposed use or purpose
of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
Stormwater
0.74
P2
K Total
5g. Comments: Construction of a stormwater pond in uplands has been completed.
5h. Is a dam high hazard permit required?
❑ Yes ®No If yes, permit ID no:
5i. Expected pond surface area (acres):
0.774
5j. Size of pond watershed (acres):
20.13
5k. Method of construction:
Excavated within uplands.
Page 6of12
PCN Form — Version 1.3 December 10, 2008 Version
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse ❑Tar -Pamlico ®Other: Yadkin
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number—
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary
impact
required.
61 ❑P❑T
El Yes
❑ No
132 ❑P[IT
El Yes
❑ No
133 ❑P❑T
El Yes
❑ No
6h. Total buffer impacts
6i. Comments: Buffer impacts are not proposed.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The applicant designed the four phases of the residential sub -division to avoid any permanent or temporary impacts to
Waters. Initial site plans provided sanitary sewer service to: Phases I and II to the north of the site, across Sedge Hollow
Road; to Phase III to the southwestern portion of the site; and, to Phase IV to the south of the site. However, the applicant
has been unsuccessful in obtaining an easement for Phase III on at least three different occasions. Furthermore, the
applicant consulted the N.0 Utilities Commission and the local jurisdiction in attempts to request condemnation of an
easement to the southwest that would avoid impact to Waters. However, the N.C. Utilities Commission and the local
jurisdiction will not condemn land for an easement for a private development project. Therefore, the applicant evaluated a
proposed aerial crossing within the same location of the proposed buried crossing. However, the City of Winston Salem will
not approve an aerial crossing due to maintenance concerns and height of the aerial sewer line crossing. This is documented
within the attached electronic mail correspondence from Mr. Todd Lewis with the City of Winston-Salem dated December 10,
2018. The applicant has exhausted all options to avoid the proposed buried sewer line crossing and proposed impacts to
Waters within this application.
The buried sewer line crossing location was selected in an area of stream that is relatively straight with few meanders. The
applicant has further demonstrated avoidance and minimization of stream/wetland impacts by proposing to construct
approximately 4 feet tall culvert head/end walls and utilize 2:1 side slopes. Furthermore, the Applicant has designed rip -rap
stabilization measures to be keyed into existing grades of the stream bed and banks to 21 linear feet of stream channel, thus,
resulting in no net loss to 21 feet of stream.
The remainder of the larger residential subdivision, including road/other utility infrastructure, lots and post construction
stormwater retention devices have been designed to avoid impact to WoUS. There are approximately 1,750 linear feet of
perennial stream channel and 1.5 acres of wetlands located on the site. The site has been designed to avoid approximately
1.43 acres of wetlands and 1,607 linear feet of perennial stream.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The clearing limits will be staked and silt fence will be used. A temporary coffer dam will be installed up -gradient of the
proposed culvert. During construction, water will be pumped around the construction footprint. Appropriate stream bank
protection will be provided in the channel during construction and all excess excavated material will be immediately removed
from the stream bank crossing area. Upon completion of the culvert/utility line installation, the temporary sand bag coffer dams
will be removed and flow will be diverted through the culvert. Disturbed banks will be restored to similar pre -construction
conditions, matted and seeded/live staked.
Page 7 of 12
PCN Form — Version 1.3 December 10, 2008 Version
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ® No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments: The applicant does not propose mitigation for the unavoidable impact to streams and wetlands as a result of
the proposed buried sewer line crossing because cumulative impacts to wetlands do not exceed 0.10 acres and because
cumulative net loss of the stream does not exceed 150 linear feet of stream channel.
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 8 of 12
PCN Form — Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 9 of 12
PCN Form — Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
—48%
2b. Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
A stormwater management plan for quantity and treatment of Phases I, II and III has been approved (attached). The
approved stormwater management plan also has been designed for quantity of Phase IV. To achieve necessary
treatment requirements for Phase IV, an additional proposed bio -cell or sand filter has been conceptually designed within
uplands as shown as BMP #3 on the overall site plan, but has yet to be approved by the local jurisdiction.
® Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
City of Winton Salem
❑ Phase II
3b. Which of the following locally -implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4. DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a. Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 10 of 12
PCN Form — Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered 'fres" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ® No
letter.)
Comments: We are not aware of a NEPA or SEPA being requried.
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Welland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
We are not aware of additional development that will impact nearby downstream water quality.
4. Sewage Disposal (DWQ Requirement)
4a. 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.
Impacts outside of those proposed within this application are not anticipated for wastewater treatment.
Page 11 of 12
PCN Form — Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The USFWS List of federally protected species for Forsyth County identifies: Bog turtle (T=S/A), NLEB (T) and small-
anthered bittercress (E). Based on our site observations, suitable habitat for the bog turtle and small anthered bittercress
are not located on the site. Suitable summer roosting habitat for NLEB is located on the site. However, the site is not
located within 150' of known summer roost trees or 1/4 mi of known hibemacula. Therefore, the applicant will rely on the
final 4(d) rule for NLEB and removal of suitable summer roosting trees should not be restricted.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Based on our knowledge of the site, the site is not located in or near an area designated as essential fish habitat. Best
management practices and the use of temporary sediment and erosion control devices will prevent sediment from entering
down -gradient waterbodies which may contain fish.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC SHPO HPO GIS Website (attached).
S. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? FEMA FIRMs 371068500J & 3710687500J
Digitally signed by Bradley S. Luckey
DN: cn=Bradley S. Luckey, o=Pilot
Bradley S. Luckey
' Environmental, Inc., ou,
r` ,— =bluckey@piiotenviro.com,
email
'� �;
C--us12.21.18
(/ Date: 2018.12.2107:31:03 -05'00'
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization letter from the applicant
isprovided.)
Page 12 of 12
PCN Form — Version 1.3 December 10, 2008 Version
AGENT AUTHORIZATION
This form authorizes PEI to act as our agent in stream/wetland matters including U.S. Army Corps
of Engineers and North Carolina Division of Water Resources field verification and permitting.
Property Address:
a�r �,
1 •moi c 'Uq
Applicant Information:
Name:
Address:
!VC., DI
Telephone Number: C. 3b) 3OR -117
Fax Number:
E-mail Address:
1 inch - 500 &
DEVELOPER:
SHUGART ENTERPRISES. LLC
221 JONESTOWN RD
NANSTON—SALEM, NC 27104
PHONE: (336) 765-9661
CELL.• 336 399-7197
GREGGSHUOARTHOMES.NET
IMPACT LOCATION
ID
TYPE
LINEAR STREAM
WETLAND IMPACT
IMPACT
(SQUARE FEET)
(FEET)
1
STORM CROSSING
121.2
2,849
2
RIP RAP IMPACT
20.1
163
3
TEMP. PUMP
10
70
AROUND IMPACT
SITE MAP
SEDGE HOLLOW
WETLAND IMPACT MAP
FORSYTH COUNTY, NC
DECEMBER 14, 2018
RIP RAP T
PLACE
BANK'
STREAM
SHEET
60in STORM
SEDGE HOLLOW SUBDIVISION
PHASE -II
MUNICIPALITY: CITY OF WINSTON-SALEM STATE: NORTH CAROLINA
TOWNSHIP: WINSTON COUNTY: FORSYTH
U
❑c
0
R
GREEN MOUNTAIN
ENGINEERING, PLLC
7A WENDY CT
GREENSBORO, NC 27409
Tel: 336.294.9394
CERTIFICATE #P-0826
www.greenmountainengineers.com
DEVELOPER:
SHUGART ENTERPRISES, LLC 221 JONESTOWN RD
NANSTON—SALEM, NC 27104
PHONE: (336) 765-9661
CELL- (336) 399-7197
GREGaSHUGARTHOMES.NET
IMPACT LOCATION
ID
TYPE
LINEAR STREAM
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DEVELOPER:
SHUGART ENTERPRISES, LLC 221 JONESTOWN RD
NANSTON—SALEM, NC 27104
PHONE: (336) 765-9661
CELL- (336) 399-7197
GREGaSHUGARTHOMES.NET
IMPACT LOCATION
ID
TYPE
LINEAR STREAM
WETLAND IMPACT
IMPACT
(SQUARE FEET)
(FEET)
1
STORM CROSSING
121.2
2,849
2
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163
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SEDGE HOLLOW SUBDIVISION PHASE -II
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MUNICIPALITY: CITY OF WINSTON-SALEM
TOWNSHIP: WINSTON
STATE: NORTH CAROLINA
COUNTY: FORSYTH
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CULVERT FILL /
SSMH-OS-3
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PERMANENT
IMPACT FROM
CULVERT FILL
GREEN MOUNTAIN
ENGINEERING, PLLC
7A WENDY CT
GREENSBORO, NC 27409
Tel: 336.294.9394
CERTIFICATE #P-0826
www.greenmountainengineers.com
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DEVELOPER:
SHUGART ENTERPRISES, LLC 221 JONESTOWN RD
NANSTON—SALEM NC 27104
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CELL' (336) 399-7197
GREGOSHUGARTHOMES.NET
920
910
9 0
IMPACT LOCATION
ID
TYPE
LINEAR STREAM
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IMPACT
(SQUARE FEET)
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121.2
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163
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SEDGE HOLLOW SUBDIVISION PHASE -II
POST CONSTRUCTION
MUNICIPALITY: CITY OF WINSTON-SALEM STATE: NORTH CAROLINA
TOWNSHIP: WINSTON COUNTY: FORSYTH
I ,
141.3 LF
_ PERMANENT
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MPACT FROMLVERT FILL &
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0
GREEN MOUNTAIN
ENGINEERING, PLLC
7A WENDY CT
GREENSBORO, NC 27409
Tel: 336.294.9394
CERTIFICATE #P-0826
www.greenmountainengineers.com
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id, SAW -2016-01523 County: Forsyth U.S.G.S. Quad: NC-KERNERSVILLE
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner:
Marlene Flinchum
Address: a03 Oak Grove Church Road
Winston-Salem . NC. 27107
Telephone Number: 336 788-0966
Size (acres) I44
Nearest Waterway Fishers Branch
USGS RUC 0100101
Nearest Town Kernersville
River Basin Uoner Yadkin
Coordinates Latitude: 3. S
Longitude: -80.1192
Location description: Proposed residential subdivision development located off of 820 & 830 Sedge Garden Road, adjacent to
a tributary of Fishers Branch, in Kernersville, Forsyth County, North Carolina.
Indicate Which of thg Following Annly:
A. Preliminary Determination
X Based on preliminary information, there may be waters of the U.S. including wetlands on the above described project area
. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA)
jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary
determination is not aii appealable action under the Regulatory Program Administrative Appeal Process (Reference 33
CFR Part331). If you'wish, you may request an approved JD (which maybe appealed), by contacting the Corps district
for further instruction. 1 Also, you may provide new information for further consideration by the Corps to reevaluate the
JD. Please see remarks section in regard to this Jurisdictional Determination.
B. Approved Determpination
There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Riivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of
this notification.
There are waters of thd U.S. including wetlands on the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the waters of the U.S. including wetlands on your project area delineated. Due to the
size of your property a0d/or our present workload, the Corps may not be able to accomplish this wetland delineation in a
timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any
delineation must be verified by the Corps.
_ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
Page 1 of 2
_ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
The property is located, in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You shouldcontact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to
determine their requirements.
Placement of dredged or 11" material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact John Thomas at 919-554-4884 x25 or
C. Basis For Determination: Site includes tributaries of Fisher Branch whichflows to the Yadkin River and on to
the Atlantic Ocean.
D. Remarks:
IT
�1
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Secrarity Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Profess (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Dii ision
Attn: Jason Steel¢, Review Officer
60 Forsyth Street $W, Room 1 OM 15
Atlanta, Georgia 10303-8801
In order for an RFA to be cepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA7formto
, it must be received at the above address by 10/15/2016.
**It is not necessary to submit an the Divi ' Office if you do not object to the determination in this
correspondence."t
Corps Regulatory Official:; –M—J4
Date: August 15, 2016 Cc' -Michael Brame, Pilot Environmental, Inc., 743 Parklawn Court, Kernersville, NC 27284
impNOTIIACATION O A1IDN11:"viI-,I
x1 FOR _t'FA r.
AL
Applicant: Marlene FlInchu�,� File Number: SAW -2016-01523 Date: August 15, 2016
Attached is: See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A
PROFFERED PERMIT Standard Permit or Letter ofpermission) 13
PERMIT DENIAL
APPROVED JURISDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DF.,TF,RMINAT16N
F
SECTION I -The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/Re ulatorvPro�yrainandPermits.gWx or
Corps regulations at 33 CPR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
13: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section It of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. I:f you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION Il - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
IZEASONS I -'OR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered pen -nit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: John Thomas
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room l OM 15
Atlanta, Georgia 30303-8801
Phone: 404 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant oragent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, John Thomas,
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
From: Greg Garrett
To: Brad Luckev
Cc: "Joe O"Buch"
Subject: Fwd: Sedge Hollow Subdivision- Wetland Impact Map
Date: Monday, December 10, 2018 8:36:09 AM
---------- Forwarded message ----------
From: "Todd Lewis" <toddl(acityofws.org>
Date: Mon, Dec 10, 2018 at 8:16 AM -0500
Subject: RE: Sedge Hollow Subdivision- Wetland Impact Map
To: "Greg Garrett" <greeenshugarthomes.net>
Cc: "Chris Jones" <charlesj_cityofw-a=>
G reg,
As mentioned previously in our meetings regarding sewer design options for the Sedge Hollow
Subdivision, the City of Winston Salem would not approve an aerial crossing at the current
alignment due to excessive height of the crossing. Maintenance of such a crossing would have been
extremely difficult.
The City of Winston Salem approved the plans as shown on the "Sedge Hollow Subdivision Phase II"
attachment. This plan would provide access for our maintenance crews to get to the sewer mains to
perform repairs in the future.
Thanks,
Todd Lewis, PE
City/County Utilities I Senior Civil Engineer
Utilities Administration — P.O. Box 2511 — Winston Salem, NC 27102
W: 336-747-6842 1 C: 336-745-18521 F: 336-727-2361
From: Greg Garrett [mailto:greg@shugarthomes.net]
Sent: Friday, December 07, 2018 5:26 PM
To: Todd Lewis
Cc: Chris Jones
Subject: FW: Sedge Hollow Subdivision- Wetland Impact Map
CAUTION: This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Can one of you provide a letter or even an email stating that you will not allow the aerial sewer
crossing over the stream without fill due to the height of the aerial?
From: [mailto:jordan(@greenmountainengineers.com]
Sent: Friday, December 7, 2018 4:SS PM
To: Greg Garrett <gree(@shugarthomes.net>
Cc:'Vince Townsend'<vince(@izreenmountainengineers.com>
Subject: Sedge Hollow Subdivision- Wetland Impact Map
Greg,
I have attached the updated Wetland Impact Map for Sedge Hollow Phase 2.
Bradley Luckey from Pilot Environmental has asked us to obtain a letter from the City of Winston
Salem stating that the storm pipe cannot be installed as an aerial crossing with no impact to the
stream.
If you could handle that for us, that would be great!
Let me know if you need any further information.
Thanks,
Jordan Young
Green Mountain Engineering, PLLC
(336) 252-2781
Post Construction
PERMIT #
0151
Stormwater Management Permit
THE STORMWATER MANAGEMENT PLANS FOR
Sedge Hollow — Phases 2 and 3
HAVE BEEN REVIEWED BY THE STORMWATER DIVISION AND FOUND TO BE
IN COMPLIANCE WITH THE CITY OF WINSTON-SALEM'S POST
CONSTRUCTION STORMWATER MANAGEMENT ORDINANCE. THIS PERMIT
CONSTITUTES EVIDENCE OF COMPLIANCE.
City of Winston-Salem
ulk
Signed
Storm����c�
___
Joseph Fogerty, PE
Stormwater Engineer DiNision
Date: March 19'n, 2018
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Drawing 1 USGS Topographic Map
USGS Topographic Map Approximate 44 Acre Tract
Kernersville & Wnston-Salem 820 and 830 Sedge Garden Road
East, NC Quadrangles
Kernersville, Forsyth County, NC
Scale: 1" = 2,000' PEI Project 2066
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LEGEND
Site Boundary
NWI Designations
Estuarine and Marine
Deepwater
Estuarine and Marine Wetland
Freshwater Emergent Wetland
Freshwater Forested/Shrub
® Wetland
Freshwater Pond
Lake
Other
Riverine
'A' ,.",
JF
I
NWI Map
Drawing 3
USFWS National Wetlands Opp -Approximate 44 Acre Tract ,
Inventory Mapper820 and 830 Sedge Garden Road,
Not to Scale Kernersville, Forsyth County, NC,
PEI Project 2066 '
LEGEND
Approximate Site Boundary
SPECIAL FLOOD HAZARD AREAS (SFHAS) SUBJECT TO
INUNDATION BY THE 1% ANNUAL CHANCE FLOOD EVENT
The 1% atmud dance Mood (IOOry
ear bond), also knono as the base 11000, K the Mood that
has a 1% chase M b.M equaled a OKleded m any q— lith,. The SpRal FknC tfazmd
Arranthe mea wgKt to food"T by the 1% annual (Nn(e ilool. Malls of St -1 Flood
.,d -1kde Zones A, AE, AH, AO, AR, A99, Y. and YE. The Base Fuad Elevaton K the
wale, wda(e elevadon tN the 1% annual dance food.
ZONE A No Rai! Flood Mpv dete,m need
ZONE AE Rase Flood EkvmorK men m.
ZONE AN Food depths of t To 7 " (usually areas of ponding); Base Flood E1eva00nl
delerrwe0.
ZONE AO Food depths of I to 3 het 1-111, st t Row on sop,q teoam;; average
depths dKerrolld. For MN, of ^-1 fan focd,ng, seu(nes also
' defANenncN.
ZONE AR SPKW Flood Hatmd Med fan," praWod hon the I�Yu annual ch—
flood
by
-flood
oo." system tat was w0,eq—" W.tdad. Zoa AR
11d. that the fanner food control system K bend resloted to protide
NOKOon hon the I% annul (lame o greater flood.
ZONE Aft Meas to be wotet ham F, annual charm flood M a feaem food
protW—,y,ten undo, cdl4ncATn; - Base Flood tkvatans dKer hm
ZONE VE Coo" Mood lone wAh vekxAy hazard (wave achon); Rase Flood Elevators
dKenwle0
FLOODWAY AREAS IN ZONE AE
The Itoodway K the channel of a stream plus any adsacan Booapsatn ateat that must be kept
ft- of Cnc hossnt w that the 1% anhtdl dance flood (an tu• (dnAr)'wAhtwt s.Li Wl
ffm Rood hk,"
OTHER FLOOD AREAS
ZONE X Miss of 0 Z% annual chance food; areas d 1% armual chance food ,nth
avenge depth of kis Karl t od a with dtal W areas tens than 1 square
rNe; and areas protected by levees ham 1% antral dance flood.
OTHER AREAS
ZONE Mew dele,.ned toRouHtle tNe 01% you/thane fooklen.
ZONED Attics n .nth Mvd Nrtah an uneeeerm ta, ba o—e.
® COASTAL BARRIER RESOURCES SYSTEM (CBRS) AREAS
OTHERWISE PROTECTED AREAS (OPAS)
CORS meas and OPAs me nanally located Nall a adtacent to Spec al Food Hatard Mess.
1°.! a+aual ma�xe )loo Wan bou'dary
ork anmw Chante MuttYn boadary
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reit•
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cine — ix
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1477 $00 FEET woo -Allot Ord vakes Nam Cmmra YaN Roe coo,dvWe v& m
("PSZONE 3700. State HMe NAD 03 Net)
SM5510Non� C"nk'a C'edH` suns b ,nob — (Nr mon nfo nam,
a —t Cop: ecy+� ^Lo.slasetXaD)
BMS5106 Nal—i C.Iw< 5wK tenth moa P. more WoonslOn nNt
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NOSS8 C45 7-S cm aecbcm Congo Myo a Cann W Esa0Nhe1
SM55100 wFaw Rn+t—, . (b ince «••'amamn s*a
•M7.5 ager mne
FEMA FIRM
Approximate 44 Acre Tract
820 and 830 Sedge Garden Road
Kernersville, Forsyth County, NC
PEI Project 2066
FLAG NUMBERS/INFO
WETLAND FLAGS =
STREAM FLAGS =
Stream Flags = 48
Wetland Flags = 38 M
Total Flags = 86
a,
LEGEND
Site Boundary
�t
Intermittent Stream
Perennial Stream
�• Wetlands
!!
�41 sA i -s Flag Number
DP -1 Q Data Point
Of
44
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE APPROXIMATE. THEY HAVE BEEN VERIFIED BY MR. JOHN THOMAS WITH
THE USACE ON AUGUST 11, 2016. THEY HAVE NOT BEEN SURVEYED OR GEOLOCATED. DELINEATION CONDUCTED BY MICHAEL T.
BRAME AND DAVID S. BRAME ON JUNE 30, 2016.
I." - . rs •-� i s _
Drawing 5A
2015 Aerial Photograph from Google
Earth and PEI Field Notes
Scale: 1" = 350'
Wetland Verification Map
Approximate 44 Acre Tract
820 and 830 Sedge Garden Road
Kernersville, Forsyth County, NC
Date: 08.11.16 PEI Pr t 2066'