20050667 Ver 1_Complete File_20050418

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Michael F. Easley, Govemor

William G. Ross Jr., Secrctary
North Carolina Department of Environment and Natural Resourccs

Alan W. Klimek, P,E. Director
Division of Watcr Quality

August 9,2006

CERTIFIED MAIL: 70042510000221774996
Return Receipt Requested

Mr. Rick Vaughn
Granite/Horsepen Creek, LLC
210 Airport Road, Suite 200
Mount Airy, NC 27030

SUBJECT: CORRECTIVE ACTIONS REQUIRED BY NOTICE OF VIOLATION
Stream Standards Violation
The Shoppes at Battleground North
Greensboro, Guilford County

Dear Mr. Vaughn:

On June 23, 2006, the Division of Water Quality (DWQ) in the Winston-Salem Regional Office
(WSRO) of the Department of Environment and Natural Resources issued a Notice of Violation
(NOV) to Granite/Horsepen Creek, LLC for violations of North Carolina stream standards resulting
from the release of sediment generated by construction and land disturbances conducted at the above
referenced site. On July 20, 2006, Mr. Daryl Lamb from the Division of Water Quality, Winston-
Salem Regional Office, conducted a site inspection of the subject property and examined the stream
and wetlands impacted by sediment. Mr. Lamb was accompanied by Mr. Brandon Hiatt of the John
S. Clark Company, LLC. During this site visit Mr. Lamb made observations of the sediment impact to
the stream, wetlands and adjoining floodplain. These observations indicated that a significant quantity
of sediment had been released from the site into an unnamed tributary of Lake Brandt/Reedy Fork
Creek (Class WS-III, NSW, CA waters). The influx and deposition of large amounts of sediment into
the tributary resulted in a removal of best usage and deposition of settleable solids, both of which are
violations of North Carolina stream standards.

On July 10, 2006, the Division of Water Quality, Winston-Salem Regional Office, received the
required written response to the NOV from Mr. J. Barry Hennings of John S. Clark Company, LLC. It
is our understanding that John S. Clark Company is the general contractor on this site. We have
reviewed the information provided in this response. We have also reviewed erosion control site
inspection reports for this site, which were prepared by the City of Greensboro's Sediment and
Erosion Control Section. We have reviewed reports for inspections conducted on the following dates
in 2006: March 3rd and ih, April 17th, 19th, and 25th, May 1 st, ih, and 30th, June 2nd, 5th, and 21 st, July
24th and 28th, and August ih. We noted that the site was found to be not in compliance with
Greensboro's erosion control ordinance during the inspections conducted from March 3rd to July 24th.
The site was determined to be in compliance on August ih. We took particular note of the inspection

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North Carolina Division of Water Quality
Wetlands Certification Unit 1650 Mail Service Center
2321 Crabtree Blvd.
Customer Service Number: 1-877-623-6748

Raleigh, NC 27699-1650
Raleigh, NC 27604-2260

Phone [phone] FAX [phone]
Internet hltp//:wwwncwaterqualitvorQ

An Equal Opportunity/Affirmative Action Employer - 50% Recycied/10% Post Consumer Paper

Mr. Rick Vaughn
Page 2, NOV Corrective Actions
August 9,2006

performed by the City on June 2,2006, which was the day after the large storm event that caused the
collapse of a retaining wall and accompanying release of sediment. The report noted that sediment
trap #3 had been removed before inlet boxes A24, A41, A23, and A06 were completed and able to
take water, and that the absence of this sediment trap allowed water to flow down to the unprotected
retaining wall causing it to collapse. The report further noted that sediment trap #3 had been removed
without the required prior approval of the City's Sediment and Erosion Control Section. While DWQ
acknowledges the severity of the June 15t storm, we believe that that the failure of John S. Clark
Company to adequately maintain the sediment and erosion control devises on the site is the primary
cause of the sediment release. Therefore we are requiring Granite/Horspen Creek, LLC to implement
the following corrective actions in order to mitigate the impact of sediment in the channel and riparian
areas of the unnamed tributary to Lake BrandtJReedy Fork Creek.

Required Corrective Actions

1. You must take immediate action to ensure that there is no further influx of s'ediment from the
above referenced site into streams or wetlands. You must ensure that appropriate sediment and
'erosion control measures, which equal or exceed those outlined in the most recent version of the North
Carolina Erosion and Sediment Control Planning and Design Manual or the North Carolina Surface
Mining Manual (available from the Division of Land Resources at NCDENR regional offices or the
central office), are in place and properly maintained at all times. These measures shall be designed,
installed and maintained properly to assure compliance with the appropriate water quality standards for
Class WS-III, NSW, CA waters (water supply watershed, nutrient sensitive, criticai area) and for all
wetlands. Such measures must equal or exce'ed the requirements specified in the most recent version of
the North Carolina Sediment and Erosion Control Manual. These measures shall be maintained on site
during any construction or other land disturbing activity and must control runoff from any borrow,
grade, or fill areas on site and from any waste (spoil) piles on site. All construction activities, including
the design, installation, operation, and maintenance of sediment and erosion control "Best Management
Practices" shall be performed so that no violations of state water quality standards, statutes, or rules
occur. These measures shall be maintained until any and all fill areas on site have been stabilized.
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable.

2. Excess sediment in the floodplain area and adjacent wetlands must be stabilized. Efforts must be
made to stabilize, by planting of vegetation, as much as sediment as is practicable in the wetlands and
adjacent floodplain area. Planting activities should be conducted in a manner that minimizes
disturbance to existing wetlands and floodplain vegetation and to the stream channel. Small mechanized
equipment may be used in less densely vegetated areas, but hand labor will be required in more sensitive
areas. Within 30 days of receiving this letter, you must submit a planting plan to DWQ for review and
approval. This plan must describe the methods and materials you will use to accomplish the sediment
stabilization. The plan must be implemented within 30 days after receiving approval from DWQ. We
encourage you to obtain the services of an enviromnental consultant experienced in wetland restoration
to assist you in the development and implementation of your plan.

3. The outlet of the large permanent storm water treatment pond, located on the western edge of the
site, must be modified. You must construct an armored dissipater basin and level spreader at the outlet
of the permanent stormwater pond in order to dissipate discharge flow velocity and to generate sheet

Mr. Rick Vaughn
Page 3, NOV Corrective Actions
August 9,2006

flow of stormwater prior to discharge into the riparian buffer that has been established along the
unnamed tributary. Based on site observations, we believe that the current outlet design is not
sufficient to prevent erosion and transport of additional sediment through the riparian buffer zone
and into the stream. Attached to this letter are DWQ guidelines for the construction of level
spreaders. Within 30 days of receiving this letter, you must submit a design for the dissipater
basin and level spreader to DWQ for review and approval. The dissipater basin and level
spreader must be constructed and fully functional within 30 days after receiving design approval
from DWQ. Please note that, per the attached guidelines, the level spreader must be constructed
of concrete.

We ask that .you give your immediate attention to this matter and that your response address all of the
items listed above. If you have questions concerning these requirements, or if this Office can be of
assistance, please contact Daryl Lamb at [phone].

;:;;d-

Steve W. Tedder
Regional Supervisor
Division of Water Quality

Attachment

SWT/cdl

cc: Mr. J. Barry Hennings, John S. Clark Company, LLC, P. O. Box 1468, Mount Airy, NC 27030
Mr. Kenneth Cook, Sediment and Erosion Control Section, City of Greensboro, P. O. Box 3136,
Greensboro, NC 27402-3136
DWQ, Winston-Salem Regional Office
Central Files
Wetlands/401 Unit File Copy

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AUG 1 5 2006

, UENR - WATER QUALITY
II'ETlN.'DS MID STORUiYATfR BRANCH

Triage Check List

Date:

4/20/05

Project Name: Battleground North c/o Granit/Horsepen
Creek LLC

D\VQ#: 05-0667
County: Guilford

Daryl Lamb, \Vinston-Salem Regional Office

To:

60-day processing time:

4/18/05

6/16/05

From: Cyndi Karoly Telephone: [phone]

The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.

D Stream length impacted
D Stream detennination
Wetland detennination and distance to blue-line surface waters on USFW topo maps
D Minimization/avoidance issues
D Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
D Pond fill
D Mitigation Ratios
Ditching
D Are the stream and or wetland mitigation sites available and viable?
D Check drawings for accuracy
D Is the application consistent with pre-application meetings?
Cumulative impact concern
D
D
D

Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested infonnation to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!

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ENGINEERING CONSULTING SERVICES, LTD.
Geotechnical · Construction Materials · Environmental

Ms. Cyndi Karoly
North Carolina Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650

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April 15, 2005

Subject:

Courtesy Notification
Battleground North
Guilford County, Greensboro, North Carolina
ECS Project G-8552D

Dear Ms. Karoly:

Please find two copies of the Pre-Construction Notification Application submitted to the U.S. Amy
Corps of Engineers for the above referenced site. The proposed development and the impacts to streams
and wetlands are described in the accompanying package. These copies are submitted as a courtesy since
written approval for the 401 Certification is not required.

Please feel free to contact me at [phone] if you have questions concerning this submittal or if
additional infonnation is required. Thank you in advance for your timely consideration of this matter.

Sincerely,

ENGINEERING CONSULTING SERVICES, LTD.

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, Denise M. Poulos, LSS
Principal Scientist

Attachments

6909 Intemational Drive, Suite 103 · Greensboro, NC 27409 · [phone] · Fax [phone]

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ENGINEERING CONSULTING SERVICES, LTD.
Geotechnical · Construction Materials · Environmental

April IS, 2005

Ms. Andrea Wade
U.S. Army Corps of Engineers
6508 Falls of the Neuse Road
Suite 120
Raleigh, North Carolina 27615

Reference:

Request for NWP 39 and NWP 18
Battleground North
Battleground Avenue
Guilford County, Greensboro, North Carolina
ECS Project G-IOI98B

Dear Ms. Wade:

Enclosed please find one copy of the Preconstruction Notification for the Battleground North
project located in Greensboro, North Carolina. The site is a 75.96 acre tract located in the
northeast quadrant of the intersection of Battleground Avenue (Highway 220) and Horsepen
Creek in Greensboro (Figure 1 ). You visited the site on November 8, 2004.

The site is being evaluated for development with Battleground North. When developed, the site
will contain a shopping center, townhouses and apartments. Tributaries to Lake Brandt, a pond
and wetlands are present on the site. The streams, wetlands and pond have been delineated by
ECS and are depicted on Exhibit I of 4. In addition, Mr. Ron Small with the City of Greensboro
has visited the site to evaluate the streams. A map generated by Mr. Small that identifies the
ephemeral, intennittent and perennial stream channels on the site is included for your use.

This pennit application, prepared on behalf of Granite/Horse Pen Creek, LLC, requests N\VP 39
to authorize tile impact to 147 linear feet of internlittent stream channel associated with the
construction of a parking lot and the installation of a stonn pipe and N\VP 18 to authorize the
impact to 1,400 square feet (0.03 acres) of wetlands associated with the construction of a
stonnwat~r management pond. Two stonnwater ponds will be constructed on the site to satisfY
the requirements of the City of Greensboro. One pond will be constructed on high ground in the
approximate center of the site near the western boundary. The second pond will be constructed
near the northwestern boundary of the site and will result in the impact to 0.03 acres of wetlands.
The impacts to streams and wetlands are further described in the attached pennit application.

As shown on the accompanying exhibits prepared by Civil Consultants, Inc., 100 foot buffers will
be maintained on both sides of the perennial stream channels and around the existing pond.

This project will be constructed with minimal impacts to streams and wetlands. There are 4,556
linear feet of stream channel present on the site; only 147 linear feet will be impacted by the
development. There are 67,186 square feet of wetlands present on the site; only 1,400 square feet
(0.03 acres) of wetland will be impacted. Due to the minimal impacts, mitigation should not be
required and none is proposed.

6909 Intemational Drive, Suite 103. Greensboro, NC 27409. [phone]. Fax [phone]

Battleground North
Greensboro. North Carolina
Apri/15. 2005
Page 2 of2

Thank you in advance for your timely consideration of this matter. Please contact me at (336)
856-7150 if you have questions or require additional information.

Sincerely,

ENGINEERING CONSULTING SERVICES, LTD.
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,Denise M.;.,.POUIOS):sS
Principal Scientist

Attachments

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Project Numbes:
ScopcofWOIk:
Location:

EUlineering Comultillg Senices, Ltd.

AGENT AUTHORlZATION

Q-S5S2A
Wetland Determination Services
~OWldA~nuc
Greensboro. Nottb Carolina

This (ann lWthori~ ECS. lAd. to act as our aseat in strcarnIwc.tland matters including U.S. Anny Corps
ofEnginecn; and North Carolina Division ofWata Quality field vcrific:llion aDd pamit application.

PropCJty Addresr.

Name:

Owna lnfonnation:

Address:

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Fax. Number:

Telephone Number:

E-t'l);JjJ ~:

SigDaturc:

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Date: ~~....V-

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APR 1 8 2005

Office Use Only:

D8iR - WATER aUALllY
\'.'ETtIJ:DSND STOHMWATER ORAlJCH

Form Version May 2002

USACE Action ID No. D'VQ No.
(If any particular item is not applicable to this project, please enler "Not Applicable" or "N/A".)

I. Processing

1. Check all of the approval(s) requested for this project:
~ Section 404 Permit D
D Section 10 Permit D
D 401 Water Quality Certification

Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ

2. Nationwide, Regional or General Permit Number(s) Requested: NWP 18. NWP 39

3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ~

4. If payment into the North Carolina 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: D

5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: D

II. Applicant Information

1. Owner/Applicant Information

Telephone Number:
E-mail Address:

Granite/Horse Pen Creek. LLC
210 Airport Road
Suite 200
Mt. Airv. NC 27030
Attn: Mr. Rick Vaul.!hn
336-786-1356 Fax Number:

336-786-8398

Nan1e:
Mailing 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: Denise M. Poulos
Company Affiliation: ECS. Ltd.
Mailing Address: 6909 International Drive
Suite 103
Greensboro. NC 27409

Telephone Number: 336-856-7150
E-mail Address:dnoulosrmecslimited.com

Fax Number: 336-856-7160

Page I of8

/

III. Project Information

Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a <'mall 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: Battleground North

2. T.I.P. Project Number or State Project Number (NCDOT Only):

3. Property Identification Number (Tax PIN):

4. Location
County: Guilford Nearest Town: Greensboro
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): From Greensboro: North on
Battleground Avenue (Highway 220). The site is on the east side of Battleground Avenue,
iust north of its intersection with Horsepen Creek Road/Old Battleground Road.

5. Site coordinates, if available (UTM or Lat/Long): 36009'9.26"N; 79052'9.77"W
(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): 75.96 acres

7. Nearest body of water (stream/river/sound/ocean/lake): UT to Lake Brandt

8. River Basin: Haw/Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h20.enr.state.nc.us/adminlmaps/.)

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time ofthis application: The site currently contains retail and residential
development and undeveloped, wooded areas. The surrounding properties contain residential
and commercial development.

Page 2 of8

10. Describe the overall project in detail, including the type of equipment to be used: The site is
bein~ evaluated for development with Battleground North. When constructed, the site will
contain a shopping center, townhouses and apartments. Trucks, pans, loaders, track hoes,
etc. will be used to construct the project.

11. Explain the purpose of the proposed work: The purpose of the work is to develop the site
with Battleground North. A pond, tributaries to Lake Brandt and wetlands are present on the
site (Exhibit 1 of 4). A shoppin!J; center, townhouses and apartments will be constructed on
the site (Exhibit 2 of 4). Approximately 1.400 square feet (0.03 acres) of wetland will be
impacted by the construction of a storm water pond (Exhibit 3 of 4): 137 linear feet of
intermittent stream channel will filled in order to construct a parking lot and 10 linear feet of
intermittent stream channel will be impacted by the installation of a storm pipe (Exhibit 4 of
4).

T. Prior Project History

If jurisdictional detemlinations 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 pennits 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 pennits issued for prior segments of the same T.I.P. project, along with
construction schedules.
There have been no prior permits requested or obtained for this project. Ms. Andrea Wade with
the u.s. Army Corps of Engineers visited the site on November 8,2004.

V. Future Project Plans

Are any future pennit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
There are no future pemlit requests anticipated for this project.

VI. Proposed Impacts to Waters of the United States/\Vaters 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 streanl
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 3 of8

1. Provide a written description of the proposed impacts: The following impacts are associated
with the proiect: approximately 1 AOO ft2 wetlands associated with a stonnwater pond:
approximately 137 linear feet of intermittent stream associated with the construction of a
parking lot: and. approximately 10 linear feet of intermittent stream associated with the
instaIlation of a stoml pipe.

2. Individually list wetland impacts below:

Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact I OO-year Floodplain** Nearest Stream Type ofWetland***
(indicate on map) (acres) (yes/no) (linear feet)
#1 Flooding 0.03 No Adjacent forested

*

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 (FEl\1A) Flood Insurance Rate Maps
(FIRM), or FEl\1A-approved local floodplain maps. Maps arc available through the FEMA Map Service Center at 1-800-358-9616, or
online at httn://www,fema,t!ov.
List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).

**

***

List the total acreage (estimated) of all existing wetlands on the property: 67.186 ft2 (1.54
acres)
Total area of wetland impact proposed: 1.400 ft2 (0.032 acres)

3. Individually list all intemlittent and perennial stream impacts below:

Stream Impact Length of A verage Width Perennial or
Site Number Type ofImpact* Impact Stream Name** of Stream Intennittent?
(indicate on map) (linear feet) Before Impact (please specify)
#2 Fill 137lf UT to Lake Brandt 2-4 feet Intermittent
#3 Pipe/rip-rap 10 If UT to Lake Brandt 2-4 feet Intennittent

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 aller, 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 ur (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
\\'\\'w,u~t!~,t!o\'. Several internet sites also allow direct download and printing of USGS maps (e.g., W\\'\\'.tono70nc,com,
\\'\\'w,manque~t.com, etc.).

*

Cumulative impacts (linear distance in feet) to all streams on site: 147 linear feet

Page 4 of8

4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: A 2.37 acre pond is located on the site. The
pond will not be impacted by the project.

Open Water Impact Area of Name of Water body Type of Water body
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on map) (acres) bay, ocean. etc.)

*

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.

5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): D uplands D stream ~ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): dam/embankment

Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): City of Greensboro stormwater requirement

Size of watershed draining to pond: 9 acres

Expected pond surface area: 7,700 ft2

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.
The development has been planned in a manner that limits impacts to streams and wetlands
to the maximum extent possible. There are approximately 4.556 linear feet of stream channel on
the site. Only 147 linear feet of intermittent stream will be impacted by the development. There
are 67.186 square feet (1.54 acres) of wetlands on the site. Only 10400 square feet (0.03 acres
will be impacted by the proposed development. A 103.146 ft2 (2.37 acres) pond is present on the
site. The pond will not be impacted by the development. In addition. buffers will be maintained
on both sides of the perennial streams.

Page 5 of8

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
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://h20.enr.state.nc.us/ncwetlands/strm!!i de. htm 1.

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 casement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Due to the minimal impact, mitilJ-ation should not be required and none is proposed.

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] 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://h20.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:

Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):

Page 6 of8

,

, /-4

If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Prooertv. Conservation Easement. Rioarian Buffer Restoration / Enhancement. Preservation or

Amount of Coastal wetland mitigation requested (acres):

IX. Environmental Documentation (required by D\VQ)

Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes 0 No [2J

If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEP AlSEP A)?
Note: If you are not sure whether a NEP AlSEP A document is required, call the SEP A
coordinator at [phone] to review current thresholds for environmental documentation.
Yes 0 No 0

If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEP A or SEP A final approval letter.
Yes 0 No 0

X. Proposed Impacts on Riparian and \Vatershed Buffers (required by D\VQ)

It is the applicant's (or agent's) responsibility to detemline, 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), l5A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes 0 No [2J 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 Multiplier Required
(square feet) Mitigation
I 3
2 1.5
Total

*

Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.

Page 70f8

,

, .,.....

If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration I Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate infonnation as
identified within 15A NCAC 2B .0242 or .0260.

XI. Stormwater (required by DWQ)

Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stonnwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
When developed. 36.56% of the site will contain impervious surfaces. Stom1water will be
treated in two ponds in accordance with City of Greensboro requirements. The locations of the
ponds are depicted on Exhibit 2 of 4. During construction. appropriate erosion control measures
will be employed to protect downstream surface waters and wetlands.

XII. Sewage Disposal (required by D\VQ)

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.
When developed. the City of Greensboro will provide sanitary sewer services.

XIII. Violations (required by D\VQ)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes D No ~

Is this an after-the-fact pennit application?
Yes D 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 pennits. 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).

O--:4tt t~ ~/(s~~

Applican IAge'nt's Signature flate (
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 8 of8

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DATED 1969 AND REVISED 1994
AND LAKE BRANDT, NC QUADRANGLE
DATED 1951 AND REVISED 1994
SCALE: I" = 2,000'

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FIGURE I

SITE LOCA nON MAP
BATTLEGROUND NORTH
BATTLEGROUND A VENUE
GREENSBORO, NORTH CAROLINA

ECS PROJECT G-8552D

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Greensboro. North Carolina 27401

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DATA FORl\1
ROUTINE \VETLAND DETERl\lINATION
(1987 COE \Vetlands Delineation Manual)
Project/Site: Battleground North Project No: Date: April 14, 2005
Applicant/Owner: Granite/Horsepen Creek, LLC County: Guilford
Investigators: ECS, Ltd. G-8552D State: North Carolina
Plot ID: DP-l

Do Normal Circumstances exist on the site?
Is the site significantly disturbed (Atypical Situation:)?
Is the area a potential Problem Arca?
(If needed, explain on the reverse side)
VEGET A nON

Community ID:
Transect ID:
Field Location: Outside Wetland

Yes No
DYes ~ No
DYes ~ No

Dominant Plant Species (Latin/Common) Stratum Indicator Plant Species (Latin/Common) Stratum Indicator
Lonicera japonica
Japanese honeysuckle Vine FAC-
Acer rubrum
Red maple Tree/Sa p FAC
Vitis rotundifolia
Muscadine grape Vine FAC
Ulmus rubra
Slippery elm Tree/Sap FAC
Percent of Dominant Species that are OBL, FACW or FAC: 75% FAC Neutral:
(excluding FAC-) Numeric Index:
Remarks:
The dominant vegetation is hydrophytic.

HYDROLOGY

U Recorded Data (Describe in Remarks): Wetland Hydrology Indicators
D Stream, Lake or Tide Gauge Primary Indicators
D Aerial Photographs D Inundated
D Other D Saturated in Upper 12 Inches
~ No Recorded Data D Water Marks
D Drift Lines
D Sediment Deposits
Field Observations D Drainage Patterns in Wetlands
Secondary Indicators
Depth of Surface Water: 0" D Oxidized Root Channels in Upper 12 Inches
D Water-Stained Leaves
Depth to Free Water in Pit: >12" D Local Soil Survey Data
D FAC-Neutral Test
Depth to Saturated Soil: > 12" D Other (Explain in Remarks)
Remarks:
Wetland hydrology indicators are not present.

(Wetform)

Page 1 of2

DATA FORl\l
ROUTINE \VETLAND DETERl\HNATION
(1987 COE \Vctlands Delineation Manual)
ProjecUSite: Battleground North Project No: Date: April 14, 2005
ApplicanUOwner: Granite/Horsepen Creek, LLC County: Guilford
Investigators: ECS, Ltd. G-8552D State: North Carolina
Plot ID: DP-l
Map Unit Name (Series and Phase): Madison clay loam DYes [Zl No
Map Symbol: McE2 Mapped Hydric Inclusion?
Drainage Class: Well drained Field Observations Confirm Mapped Type: [ZlYes D No
Taxonomy (Subgroup): Typic hapluduIts
Profile Description
Depth Matrix Color Mottle Color Mottle
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Texture, Concretions, Structure, etc.
0-12 10YR 5/6 0% Loam
Hydric Soil Indicators:
D Histosol D Concretions
D Histic Epipcdon D High Organic Content in Surface Layer in Sandy Soils
D Sulfidic Odor D Organic Streaking in Sandy Soils
D Aquic Moisture Regime D Listed on Local Hydric Soils List
D Reducing Conditions D Listed on National Hydric Soils List
D Gleyed or Low Chroma Colors D Other (Explain in Remarks)
Remarks:
Hydric soil indicators are not present.

WETLAND DETERMINA nON
Hydrophytic Vegetation Present?
Wetland Hydrology Present?
Hydric Soils Present?

Is the Sampling Point within the Wetland?

No

Yes No
DYes [Zl No
DYes [Zl No

Remarks:
Wetland hydrology and hydric soil indicators are not present. The sampling point is not located within a wetland.

(Wetfonn)

Page 2 of2

I DATA FORM
ROUTINE \VETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
ProjecUSite: Battleground North Project No: Date: April 14, 2005
ApplicanUOwner: Granite/Horsepen Creek, LLC County: Guilford
Investigators: ECS, Ltd. G-8552D State: North Carolina
Plot In: DP-2

Do Normal Circumstances exist on the site?
Is the site significantly disturbed (Atypical Situation:)?
Is the area a potential Problem Area?
(If needed, explain on the reverse side)
VEGET A nON

~Yes UNo
DYes ~ No
DYes ~ No

Community In:
Transect ID:
Field Location: Outside Wetland

Dominant Plant Species (Latin/Common) Stratum Indicator Plant Species (Latin/Common) Stratum Indicator
Lonicera japonica
Japanese honeysuckle Vine FAC-
Acer rubrum
Red maple Tree/Sap FAC
Parthenocissus quinquefolia
Virginia creeper Vine FAC
Rubus betulifolius
Blackberry Herb FAC
Percent of Dominant Species that are OBL, FACW or FAC: 75% FAC Neutral:
(excluding FAC-) Numeric Index:
Remarks:
The dominant vegetation is hydrophytic.

HYDROLOGY

U Recorded Data (Describe in Remarks): Wetland Hydrology Indicators
D Stream, Lake or Tide Gauge Primary Indicators
D Aerial Photographs D Inundated
D Other D Saturated in Upper 12 Inches
D Water Marks
~ No Recorded Data D Drift Lines
D Sediment Deposits
Field Observations D Drainage Patterns in Wetlands
Secondary Indicators
Depth of Surface Water: 0" D Oxidized Root Channels in Upper 12 Inches
D Water-Stained Leaves
Depth to Free Water in Pit: >12" D Local Soil Survey Data
D FAC-Neutral Test
Depth to Saturated Soil: > 12" D Other (Explain in Remarks)
Remarks:
Wetland hydrology indicators are not present.

(Wetfonn)

Page lof2

DATA FORl\f
ROUTINE 'VETLAND DETERl\HNA TION
(1987 COE 'VetIands Delineation Manual)
Project/Site: Battleground North Project No: Date: April 14, 2005
Applicant/Owner: Granite/Horsepen Creek, LLC County: Guilford
Investigators: ECS, Ltd. G-8552D State: North Carolina
Plot ill: DP-2
Map Unit Name (Series and Phase): Cecil sandy loam DYes ~ No
Map Symbol: CcC Mapped Hydric Inclusion?
Drainage Class: Well drained Field Observations Confirm Mapped Type: ~Yes D No
Taxonomy (Subgroup): Typic hapluduIts
Profile Description
Depth Matrix Color Mottle Color Mottle
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Texture, Concretions, Structure, etc.
0-12 2.5YR 5/8 10YR 3/3 20% Loam
Hydric Soil Indicators:
D Histosol D Concretions
D Histic Epipedon D High Organic Content in Surface Layer in Sandy Soils
D Sulfidic Odor D Organic Streaking in Sandy Soils
D Aquic Moisture Regime D Listed on Local Hydric Soils List
D Reducing Conditions D Listed on National Hydric Soils List
D Gleyed or Low Chroma Colors D Other (Explain in Remarks)
Remarks:
Hydric soil indicators arc not present.

WETLAND DETERl\IINATION

Hydrophytic Vegetation Present?
Wetland Hydrology Present?
Hydric Soils Present?

Is the Sampling Point within the Wetland?

No

Yes No
DYes ~ No
DYes ~ No

Remarks:
Wetland hydrology and hydric soil indicators are not present. The sampling point is not located within a wetland.

(Wet form)

Page 2 of2

, DATA FORM
ROUTINE WETLAND DETERl\lINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Battleground North Project No: Date: April U, 2005
Applicant/Owner: GranitefHorsepen Creek, LLC County: Guilford
Investigators: ECS, Ltd. G-8552D State: North Carolina
Plot ID: DP-3

Do Normal Circumstances exist on the site?
Is the site significantly disturbed (Atypical Situation:)?
Is the area a potential Problem Area?
(If needed, explain on the reverse side)
VEGETATION

l8JYes UNo
DYes ~ No
DYes ~ No

Community ID:
Transect ID:
Field Location: Inside Wetland

Dominant Plant Species (Latin/Common) Stratum Indicator Plant Species (Latin/Common) Stratum Indicator
Toxicodendron radicans
Poison ivy Vine FAC
Acer rubrum
Red maple Tree/Sap FAC
Parthenocissus quinquefolia
Virginia creeper Vine FAC
Percent of Dominant Species that are OBL, FACW or FAC: 100% FAC Neutral:
(excluding FAC-) Numeric Index:
Remarks:
The dominant vegetation is hydrophytic.

HYDROLOGY

U Recorded Data (Describe in Remarks): Wetland Hydrology Indicators
D Stream, Lake or Tide Gauge Primary Indicators
D Aerial Photographs D Inundated
D Other ~ Saturated in Upper 12 Inches
~ D Water Marks
No Recorded Data D Drift Lines
D Sediment Deposits
Field Observations D Drainage Patterns in Wetlands
Secondary Indicators
Depth of Surface Water: 0" [ZJ Oxidized Root Channels in Upper 12 Inches
~ Water-Stained Leaves
Depth to Free Water in Pit: 8" D Local Soil Survey Data
D FAC-Neutral Test
Depth to Saturated Soil: 7" D Other (Explain in Remarks)
Remarks:
Wetland hydrology indicators are present.

(Wetfonn)

Page 1 of2

DATA FORM
ROUTINE \VETLAND DETERMINATION
(1987 COE \VetIands Delineation Manual)
ProjectJSite: Battleground North Project No: Date: April 14, 2005
ApplicantJOwner: GranitefHorsepen Creek, LLC County: Guilford
Investigators: ECS, Ltd. G-8552D State: North Carolina
Plot lD: DP-3
Map Unit Name (Series and Phase): Cecil sandy loam DYes I2l No
Map Symbol: CcC Mapped Hydric Inclusion?
Drainage Class: Well drained Field Observations Confirm Mapped Type: DYes I2l No
Taxonomy (Subgroup): Typic hapludults
Profile Descriotion
Depth Matrix Color Mottle Color Mottle
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Texture, Concretions, Structure, etc.
0-12 2.5Y 4/2 10YR 3/3 10% Loam
Hydric Soil Indicators:
D Histosol 0 Concretions
D Histic Epipedon 0 High Organic Content in Surface Layer in Sandy Soils
D Sulfidic Odor 0 Organic Streaking in Sandy Soils
D Aquic Moisture Regime 0 Listed on Local Hydric Soils List
I2l Reducing Conditions 0 Listed on National Hydric Soils List
I2l Gleyed or Low Chroma Colors 0 Other (Explain in Remarks)
Remarks:
Hydric soil indicators arc present.

WETLAND DETERl\IINA nON
Hydrophytic Vegetation Present?
Wetland Hydrology Present?
Hydric Soils Present?

Is the Sampling Point within the Wetland?

No

Yes No
l2lYes 0 No
l2lYes D No

Remarks:
The three wetland criteria are present. The sampling point is located within a wetland.

(Wetfonn)

Page 2 of2

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CIVIL CONSULTANTS INC.
Civil Engineers
Land Development Consultants

3708 Lyckan Parkway Suite 201 Durham, NC 27707
PH: [phone] Fax: [phone] www.civil-consultants.com

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CIVIL CONSULTANTS INC.
Civil Engineers
Land Development Consultants

3708 Lyckan Parkway Suite 201 Durham, NC 27707
PH: [phone] Fax: [phone] www.civil-consultants.com

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CIVIL CONSULTANTS INC.
Civil Engineers
Land Development Consultants

3708 Lyckan Parkway Suite 201 Durham, NC 27707
PH: [phone] Fax: [phone] www.civil-consultants.com

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CIVIL CONSULTANTS INC.
Civil Engineers
Land Development Consultants

3708 Lyckan Parkway Suite 201 Durham, NC 27707
PH: [phone] Fax: [phone] www.civil-consultants.com

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;. 1"

Sep 16 05 10:09a

DENNIS FORNES

252-249-2052

p.2

Dennis Fornes & Associates
Professional Land Surveying

Telephol/e: (2.52) 249-04.~S, DilY or :Vi::!1I
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Mr. John Dorney
401 Oversight Permitting Unit
1650 Mail Service Center
Raleigh, N.C. 27699-1650

Subject: DWQ Project # 050677
Pamlico County
415 Whittaker Point Rd.
Ociental, N.C.

Dear Mr. Dorney,

I am writing in response to your lette= of August 24, 2005
relative to the above subject project. We are in t~e
process of developing the additional information requested
in that letter; however additional time is requested beyond
the three week time frame noted in your lette=.

Additionally, I have contacted Mr. Kyle Barnes of the
Washington Regional Office and have arranged to meet with
him at his office on September 22, to discuss this
application and a possible expanded projecL. Depending upon
the outcome of that meeting we may wish to withdraw this
application and resubmit. We however would like to reserve
the option of keeping the current application acLive until
He ~an meet with Mr. Barnes.

We are therefore requesting that the current appllcaLlon be
kept in the active status until we can review and consider
our options subsequent to the meeti~g Mr. Barnes.

Thank you for your assistance in this matter.

SEP-16-2005 FRI 08:33

TEL: [phone]

~jAI'1E: DWQ-~jETLAt'lDS

P. 2

(. 'y
Sep 16 05 10:09a

DENNIS FORNES

252-249-2052

p.3

Sincerely,

r-:> ^ .-,- ~
.............~II\""lv, :,. \ ~......;;..--
De~nis Fornes, Agent
For Knute Byshicm

Copies:
Kyle Barnes, DWQ Washington Regional Office
~r. Knute Byshiem

::.EP-16-2005 FRI 08:33 TEL: [phone]

HAt'lE: D~lQ - ~JETLA~jDS

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