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HomeMy WebLinkAbout20050746 Ver 1_Complete File_20050504W AT ?RQG 0 _1C Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources July 1, 2005 Edenton Cotton Mill Development, Inc. 149 Yeager Road Mooresville, NC 28117 Subject Property: Edenton Cotton Mill McMullen Street/King Street Edenton, NC Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 050746 Chowan County Approval of 401 Water Quality Certification (GC3490) with Additional Conditions Ladies and Gentlemen: You have our approval, in`accordancd"with the attached conditions, to place fill material within or otherwise impact 0.073 acres of waters to construct 50 residential units on-site as described in your application received by the Division of Water Quality (DWQ) Wetlands/401 Unit on May 4, 2005. After reviewing your application, we have determined that the Divistdn of Water Quality (DWQ) General Water Quality Certification Number 3402 covers these water impacts. This Certification allows you to use Nationwide Permit No. 18 when issued by the US Army Corps of Engineers (USACE). In addition, you should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations and LAMA. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference 404/LAMA Wetlands 0.073 (acres) Sheet 3 of 3 site plans 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 / Internet: http://h2o.enr.state.no.us/ncwetIands One NhCarolina dVatura!!? An Equal Opportunity/Affirmative Action Empbyer- 50% Recycled/ 100,10 Post Consumer Paper Edenton Cotton Mill Page 2 of 2 July 1, 2005 2. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent"modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 3. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3402. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any Qf-the conditions of this Certification (associated with the approved water impacts), you may ask for an adjudicatbry hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative \Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions''are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water \ Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919- 733-9721 or Tom Stefens in the DWQ Washington Regional Office at 252-946-6481. Sincerely, Alan W. Klimek, P.E. AWKlijm Enclosures: GC 3490 Certification of Completion cc: Warren Eadus, Quible & Associates, P.C. P.O. Drawer 870, Kitty Hawk, NC 27949 USACE Washington Regulatory Field Office DWQ Washington Regional Office File Copy Central Files Filename: 050746EdentonCottonMill(Chowan)401 approval MEMORANDUM TO: John Dorney Regional Contact: Tom Steffens Non-Discharge Branch WQ Supervisor: al bodge Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Edenton Cotton Mill Development County Chowan Project Number 05 0746 County2 Recvd From APP Region Washington Received Date 514105 Recvd By Region Project Type Residential Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. 7NW18 OTH O Y O N F__ 26-1-2 F -c NSW 30,104. 0.07 O Y O N F_F-F_F__F_F__ Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/fond 0 Deny Provided by Region: Latitude (ddmmss) 360325 Longitude (ddmmss) 753654 Comments: Issue n/c cc: Regional Office Central Office Page Number 1 Detaitsl Detail-2 Permits and Certs Cross Refs Impacts i Mitigations ;Fees Affiliations Events I Inspections Comments i History Projectt4umber. 20050746 Version: I Status: Issued Last ActionDesc: Projectissued Project Name: Edenton Cotton Mill Development Project Type: Residential Subdivision PrimaryCount/: Chowan 'Type 14umber Statutory- ate! Issued Date General 404 Nationwide NW18 i I Individual 'Type 'Number IStatjtory Dale IssuedDate ? Buller r TufierRule `Ac ti on Statutory Date <Back Comments Issued Date I EMC Hearinn Date Close i Ready SID: WPPC . 401 comments Subject: 401 comments From: Tom Steffens <Tom.Steffens@ncmail.net> Date: Tue, 14 Jun 2005 16:05:53 -0400 To: ian <Ian.Mcmillan@ncmail.net> CC: Kyle Barnes <kyle.barnes@ncmail.net> the following comments have been enteredd into fp50 in response to the tracking list 05-0716 Edenton Cotton Mill 16-Jun 401 6-May Issue n/c Awaiting ltr to fill in approved project details Dbase updated w/ approval date only L. Dennison 05-0726 Mary L. Perchy 16-Jun 401 25-Apr Issue n/c 05-0719 Chowan River Resort Marina 14-Jun dcm maj 27-Apr Issue w/condition that applicant provide notarized letter of no intent to sell fuel. Application has conflicting statements to that effect. variance issued by WaRO this week 6-Apr tas tas genmaj 6-Jun Pamlico Donald Grizzard Issue no cond, Zone II impacts only no mit 10-Jun tas tas min var 10-Jun Beaufort Windsong III Lot 21 Hold- needs justification for house site, needs professional appraisal for economic hardship 1 of 1 6/14/2005 4:08 PM Triage Check List Date: Project Name: V, County: To: ? ARO Kevin Barnett ,,,?WaRO Tom Steffens d Kyle Barnes ? FRO Ken Averitte ? WiRO Noelle Lutheran ? MRO Alan Johnson ? WSRO Daryl Lamb ? RRO Mike Horan From: -G Telephone : (919) The file attached is being forwarded to Aour for your evaluation. Please call if you need asst}stance. 1 . ? Stream length impacted ? Stream determination ? Wetland determination and distance to blue-line surface waters on USFW topo maps .Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy Is the application consistent with praT-appiidn meetings? ? Cumulative impact concern Comments: 'VI(_ 7 ci s_ AA o IT «' - 4, Qz--- Quible & Associates, P.C. ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING SINCE 1959 April 28, 2005 NO@ Ugoym 0 MAY d 2005 r Mr. John R. Dorney OVA • WATER QUALITY NCDWQ-401 Wetlands Unit AND STOrJrVATE/iC1UoXH 1650 Mail Service Center Raleigh, NC 27699-1650 Re: Nationwide 18 Fill Permit Application-Wetlands Shading Edenton Cotton Mill Development, Inc. USACE Action ID Number 200410799 Dear Mr.Dorney: P.O. Drawer 870 Kitty Hawk NC 27949 Phone: 252-261-3300 Fax: 252-261-1260 PRINCIPALS Sean C. Boyle, P.E. Joseph S. Lassiter, C.E.P. Eduardo J. Valdivieso, P.E. ASSOCIATES Joseph J. Anlout, P.E. Katherine C. Morchello, P.L.S. David S. Neff Please find enclosed seven copies of an application and associated documentation for a Nationwide 18 Fill Permit Application tashade 0.073 acres of cypress swamp forest at the Edenton Cotton Mill in Edenton, Chowan County. The Nationwide 18 Fill Permit Application was originally submitted to Mr. William Wescott in November of 2003. The USACE approved the Nationwide 18 Fill Permit for shading of wetlands at the site on December 14, 2003. A 401 Water Quality Certification was checked on the original forms. However, the former consultant did not submit any copies or a check to the Division of Water Quality (DWQ), siting that the project was exempt from DWQ certification requirements. Proposed mitigation at the site was originally preservation through conservation easement at a 60:1 ratio, and creation of 0.10 acres of cypress swamp forest. A permit modification request was submitted to the USACE on April 4, 2005 requesting that the mitigation requirements be reduced to include only the preservation of wetlands through conservation easement. The enclosed permit application is a request for 401 Water Quality Certification. The project as proposed has already begun, however, there have been no impacts to wetlands to date. The proposed project is shading of 0.073 acres of cypress swamp forest in Chowan County at the Edenton Cotton Mill Site. The cotton mill is being renovated to create multi family and single family residences. The developers propose to construct four single family units on piles over the cypress swamp forest on site. The building construction will permanently shade the wetlands. The following figures and documentation have been included with the permit application: • Original Site Survey (Hyman and Robey) • Proposed Site Plan divided into three sheets (sheets 1-3) • Copy of original Nationwide 18 Fill Permit Application prepared by Roger Schecter • Copy of relevant portion of USGS Topographic Quadrangle-Edenton • Copy of Permit Modification Request-USACE • Copy of Agent Authorization Letter Please do not hesitate to contact the undersigned at (252) 261-3300 if you have any questions or comments concerning this project. Sincerely, Quible & Associa es, P.C. Warre Eadus enc as stated cc Mr. Henry Yates Mr. Thomas Wilson Mr. Tom Steffans QUIBLE & ASSOCIATES, PC P.O. DRAWER 870 PH. 252-261-3300 KITTY HAWK, NC 27949 P TO THE AY /? ORDER OF ?'?? L= •?1 ` I f??I G? arT ?M?.,?,e `ECBj S-h- Shorn / Kitt, I1-k, N-h C-Im 27949 FOR Za ....?. ,,? 11'0000690511' .1:053 b067991: 6905 DATE 66-679-531 v I $ 2r?c? DOLLARS 8 6929051211' C. RP R Ei?fj] 0W F 00 MAY 4 2808 Office Use Only: Dl`f;+ • WAfiCFt QUALITY Form Version May 2002 t? aDSa'?D srail?yyTER mu"CH USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing Check all of the approval(s) requested for this project: ? Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 18 Fill (Shade 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Edenton Cotton Mill Develooment. Inc. Mailing Address: 149 Yeager Road Mooresville, NC 28117 Telephone Number: 704-663-5115 Fax Number: 704-663-1971 E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Warren Eadus Company Affiliation: Quible & Associates, P.C. Mailing Address: P.O. Drawer 870, Kitty Hawk, NC 27949 Telephone Number: 252.261.3300 E-mail Address: weadus@auible.com III. Project Information Fax Number: 252.261.1260 Page 5 of 13 Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Edenton Cotton Mill 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 7804-08-98-3307 4. Location County: Chowan Nearest Town: Edenton Subdivision name (include phase/lot number): Edenton Cotton Mill Directions to site (include road numbers, landmarks, etc.): From Edenton head south on Queen Street. Turn right on East Eden Street and then left on East King Street. Edenton Cotton Mill is at end of street at intersection of McMullan and King Streets. 5. Site coordinates, if available (UTM or Lat/Long): 36°03'25.29", 75°36'54.0" (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres) 14.36 acres 7. Nearest body of water (stream/river/sound/ocean/lake): Queen Anne Creek 8. River Basin: Pasquotank (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/niaps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site, a former cotton mill, is being renovated into residential housing. The surrounding area is chiefly residential. Page 6 of 13 10. Describe the overall project in detail, including the type of equipment to be used: The overall project is the construction of 50 residential units. Four of the 50 units are single family residential homes that are being constructed over a cypress swamp forest on site. The buildings are going to be constructed using_ pile supported techniques. Please note, the ten single family residences will shade 0.073 acres of cypress swamp forest. There is no proposed fill of wetlands or water of the state associated with this permit application. The equipment used will be typical of projects of this type. Please note, a USACE Nationwide 18 fill Permit has already been issued for the proposed work. 11. Explain the purpose of the proposed work: The purpose of the work is the construction of four single family residences to complete the design of the Edenton Cotton Mill. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. A General Permit was issued on 12-14-03 by the USACE. The Action ID Number is 200410799. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. A Maior CAMA Permit is being pursued to construct water dependent structures (boat slips and pier) and an access walkway through the wetlands on site. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: None Page 7 of 13 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (es/no) Distance to Nearest Stream (linear feet) Type of Wetland*** Al Permanent shading 0.073 Yes --400' from UT Queen Anne Creek Section 404-Cypress Swamp Forest * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov_ *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 6.08 acres Total area of wetland impact proposed: 0.073 acres 3. Individually list all intermittent and perennial stream impacts below: NA Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please secif ) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapgtiest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: NA 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: NA Page 8 of 13 Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name Wat (if applicable) ) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) List each impact separately and identity temporary impacts. Impacts include, but are not limited to: till, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation NA If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Due to the size of the development and existing impervious surfaces. additional site area was required to adequately size the stormwater detention ponds. Therefore the anticipated number of single family residential units was decreased. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted Page 9 of 13 aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://l12o.enr.state.nc.us/ncwetIands/strm( ,ide. lit nil. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Preservation of 6.01 acres (all remaining wetland acreage on site) of wetlands through a conservation easement was proposed as mitigation at the site. In addition the former Environmental Consultant offered wetlands creation at a ratio greater than one to one A copy of the original PCN has been included as an Attachment to this document Please note a formal permit modification request was sent to Tracey Wheeler on March 30, 2005 The modification request asked for the elimination of the wetlands creation as mitigation at the site. The originally offered mitigation was found to be excessive. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wm/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: NA Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) Page 10 of 13 Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total Gone 1 extends out 3U feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213 .0242 or.0260. Page 11 of 13 XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. A separate Stormwater Management Plan has been submitted and approved. Please note, this request for 401 Water Quality Certification is an after the fact event. Many aspects of the project excluding the items discussed herein have already begun. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. All wastewater will be handled by the Town of Edenton. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). The applicants retained the services of an environmental consultant who failed to submit the required documentation and Processing fee to the DWQ when the permit was submitted to the USACE. The consultant felt that the proiect was exempt from DWQ 401 Water Quality Certification because the impacts to the wetlands were shading and not fill. Discussions with the DWQ in the Washington Regional Office indicate that the DWQ would still require five copies of the PCN and a processing fee for this type of project. The USACE General Permit was issued in December 2004 and the developers are ready to begin work on construction of the single family homes. Therefore your timely cooperation in this matter is greatly appreciated. Page 12 of 13 -/?, 7 d5 - - Ap icant/Agent's Signature Da e (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 13 of 13 j . v, l ?. rJr /Radio, s ?? /. • ? ?? ® ? '? Ir IVVCDJ) mg •y , -_ ShopP .;. Center , .ti a 55 /`-/-St Lukc •?, rJ J/ X4.5 \ .Ir COM _ . z r - .? .Ir , , i • 11. i 1loly Temple r - i / - - - _ kicisp tat 4?atkrr ! c- % • Union Grove i ??- 6D`` Q Wr. •4? Ch / BeL-0 Hi,l; Vino O tmor r Q $ 5 _ ?? ?• F __ _- Cemt lj r Cep a % / v IYjh ? Sch/, 1!? i denfo - %' Pst -••?('j ..Prop eQ? Cem, l l / :jO \ 1 ' ?/?/II' ( IUUEE 'UHUR' YO 0 • •a n i s ..1?? ???,.. / ' E dddiii • ... ;r® V 4 - 'r' , ?H Cecil ! \ \ $?:? !? ?? Ccm - Y ,j _??• _ ?' .Swam r-?'"? •i'l? _J ., scf, -41 ? t ?. i' Seawall i'CH 3 6 r . i v T ''`;3.f\ ?T •t•-??% - al,w?ha a l I . r cn,/nCottonMill' _?. -Sr _ / a r o \ ohmion l r t CCm 1 ?. rJ; vry n l -10 T.__. ,. 4 U-- - r 1 i - ? cv Light r c r E:'D E IV T U N L3 M 29 r I3 ,A' Y 4 tl .? 1 u 1 Y - --- - - - -- 4 ° - - -- =h5.o - --- Cherry '\r 1 u. \\ Point ? Aight ' ?q .. ",4.5 10, ?20• iName: EDENTON Location: 036° 03' 13.40" N 076° 36' 10.91 W Date: 4/19/2005 Caption: Figure 1 Scale: 1 inch equals 2000 feet Edenton Cotton Mill King and McMullan Streets ?,+ r rL, r r Copyright (C) 1998, Maptech, Inc. ! LMrACAV S 1191"+S` x _ - - --???"- ?. _ " EtlSpYi AavPA a for-1 ; ms ri so FT MV ARCS : Calm y NMrWC LIISAI6? 118 -YI.N' MM AV x Jy?f ?•s°?L: caw Sim PROT cmillim mwiw (nW AS Sal Ctc. EL57M PM PfE -0. PaE am ME7 P057 AnO1RA KaW CO? NARR 1ERR Dwivgm Opi lOJ OwNmewT 04 7M BASIN APATl 00275L L Call 7F AMOM KW Aw " a .'a..... .. /KiyZaw LAC A004N LM AAPASIN 1r?rrruE -r N La-4 mw ja 4,41m: N1 C^? 5m m N 1 E GRAPHIC SCALE r r a ? ? r (Q10Q) 1 frr . 100 n "STRAWBERRY HHL" / Al. , # s m1mi ¦ YIDi SO fOQmf.11R O11>wMf1 / Ik " _r ??• ? ?? ? of 11. a am P. m QR' qw fmm pm9 C Q Q 00 I& PJU . 1Q2 lO011 / ?'? Q moan awr or PUMM Om? Omw PQAQi no / ???'? AF1AfTAA1p / J'? AOP AY 11I.4? ,I`I ? 0NTA01E ?`??? °1?+?,.?{/aqt' x00+°- , 0 ?? J I?•.? Ti8lY yjk4C / fAp'NMS +S? AM AN I 2 I I ???.o.I . J000' iSry;Ns PA I' f RCP 'I'r 2.r; Rb AV- ?l # I .A•A P. T.cP. Ml # I,I` 's ? A11.7R ,T A9(WT-fI. Al # I 4tp I RmIN w e x tog r+ acreesfe N i • txs-m aarnr \Willi 07 - " _ " - I, tAirAC . I,• AOY AM WAIRM caw f8[Y 1 # Al. AL 5722 Fcw oP Aax PA naY NII01'N'E Full _ /REtF _ I'r'--LA1R?G (1 I rfA-7fNNyV 1 ?? SN1Yp!'F ?? i ?I . I`I,I • , f81Y 0 ? LI fsty ? ? ,. . -. ? i9EY ?1y 1 ".0 ,Jill A17AVRR10 r10'PAIf>Ei 7-1 _ 81°M N / sins: (IN' PAM34W MNJ a 1 :$ 1 l 1 t 1 _ 1 1 1 AA7 -Al! 1 1 1 1 1 = 1 1 1 1 ? 1 INU21' 1 1 1 1 1 1 1 1 1 1 1 # i #? # # I # # # I 1 I I ?oe?D !Y 1005 (wraeamrco \\ MAX 11xrAP (Ft8 lY (346M' .RAY Am i1wmamS WN REJ # cavi Oll AaAW,OT N 1 N Email rO !IE' mwv t7r tZDaw A d 244 P. 2X / I. Owl L HKOL A ILLAq Oll N 0 ? O ?-3 M v r* ?v I N, CR)EJD WETLANDS BOUNDARY I r?4 / ti J 4../?? ill I!J I ? ' y!VI `a N O O F> V C? N O r 0 ® Q ENGINE Since 1959 K K P- Q??Qae?? x4 ,°,??M,,AY 4 1005 StF4Q n ftwo, PE- ! EDENTON COTTON MILL u i b l e& Associates, P .?. ERING PLANNING ENVIRONMENTAL SCIENCES COLOR IMAGING Date: 04/28/05 scale t° 50 SHEET I Project No.: Designed By WDE j Filename: 05023 Checked By: -WDE 1 OI j .?J of /'? II 1Drawn BY Others Reference Files: 05023, - -- Il I s~ P7 --`tea - - > ?? l MAY 4 1005 WATER QUALITY p 0 m o I 0 z ? 0 a I/ I= P. o o k i ? F a. - %T! 'P C Q @9 1 ENGIN Since 1959 uible &.ssociates, P.C. EDENTON COTTON MILL EERING PLANNING $ ENVIRONMENTAL SCIENCES COLOR IMAGING Date: oa/2a/as ' s?aie r sD' SHEET Project No.. Designed By: WDE Filename: 05023 Checked By: WD r- ---2 E I of Drawn By Others Reference Files: 05023. F , N o y ? o II ? ? ? Vl U 1 ? ? N \ 1 O O Lai r- r- r- lip D @Egg? MAY 4 MM,, 2005 7 µp? 7v I F I I 1 ? I I ?I EDEN TON COTTON MILL Quible& Associates, P.c. ENGINEERING PUNNING ENVIRONMENTAL SCIENCES COLOR IMAGING Date: - 0428/05 Scale ,'= 50' I, ?I SHEET i Z Project No.: Designed By: WIDE ? i Filenam 05023 Ch k d B WDE (e c ec e y 3 01 3 Since 1959 prawn By Others l Reference Files: 050231 Quible Quible & Associates, P.C. ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING SINCE 1959 March 30, 2005 Mrs. Tracey Wheeler US Army Corps of Engineers PO Box 1000 Washington, NC 27889 Re: Edenton Cotton Mill USACE Action ID# 200410799 Mrs Wheeler: P.O. Drawer 870 Kitty Hawk, NC 27949 Phone: 252-261-3300 Fax: 252-261-1260 PRINCIPALS Sean C. Boyle, P.E. Joseph S. Lassiter, C.E.P. Eduardo J. Valdivieso, P.E. ASSOCIATES Joseph J. Anlauf, P.E. Katherine C. Marchello, P.L.S. David S. Neff This letter serves as a formal request for a permit modification for the above referenced General Permit issued to Thomas Wilson owner of the property referenced as the 14.36 acre Edenton Cotton Mill Property. _ The proposed project is the shading of 0.073 acres of cypress swamp forest with pile supported residential homes. The original permit offered mitigation through a conservation easement at a ratio of 60:1, and creation of 0.10 acres of cypress swamp forest. The original permit application was prepared by a different consultant and upon review by Quible & Associates, P.C. (Quible) the mitigation offered in the permit was found to be excessive for the work proposed. Therefore, on behalf of the Edenton Cotton Mill, Quible respectfully requests that the mitigation requirements be reduced to the 60:1 preservation to conservation easement, and omit the 0.10 acre cypress swamp forest creation. A sample conservation easement will be forwarded to the Edenton Cotton Mill for preparation by their attorney(s). During conversations and meetings with you on this matter I understand that you have a copy of the permit on file. I have not included a copy of the permit for this reason. However, if you require an additional copy or any related materials please do not hesitate to contact me immediately at 252.261.3300 or via electronic mail. Sincerely, arren Ead , G. cc Henry Yates enc 02/07/2005 14:13 5 4823390 YATES PAGE 02 U.S. ARMY CORPS OF ENGINEERS Onc WILMINGTON DISTRICT ^ Action ID. 20041079 County Chowan v GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: Thomas Wilson Address: 14 gaiter Road Moorecville, Nnrth. Carnlina 2R117 Telephone No.: 704-663-5115 Size and location of project (water body, road name/number,-town, etc.) Edenton Cotton AZill property consists of 14.36 acres located on McMullan Avenue in Edenton and adjacent to Queen Anne Creek. Jurisdictional Determination reference ACTID 200310308. Description of activity Permanently impact 3,200 square feet (0.07 acres) of cypress swamp forest for the construction of four residential housing units. Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) _ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number Nationwide Permit Number WP 18 Your work is authorized by the above referenced pern-. t provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 of the Clean Water Act (as indicated above), before beginning work you must receive a Section 401 water quality certification from the N.C. Division of Water Quality (telephone (919) 733-1786). For any activity within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management (telephone (919) 733-2293. Plcasc read and comply with the attached conditions. Any violation of these conditions may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This Deparnnent of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program please contact William Wescott at 252-975-1616 extension 25. Date 1.2-14-2003 Corps Regulatory Official Expiration Date of Verification 12-14-2005 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Received OZ-OT-ZO05 0P:14pm From-P5P49 M U To-QUIBLE&ASSOCIATES Page OOP 02/07/2005 14:13 2524823390 YATES PAGE 16 Regulatory Division Action ID No. 200410799 Thomas Wilson 149 Yeager Road Mooresville, North Carolina 28117 Permit Special Conditions December 14, 2003 Your work is authorized by Nationwide Permit 18 provided it is accomplished in strict accordance with the attached General Conditions and the following Special Conditions: - a. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. b. No construction within waters of the United States, including wetlands, shall be commenced prior to the submission of a final mitigation plan by the Permittee, and approval of that plan by the Wilmington District's Regulatory Division. The final plan should be submitted to Mr. William Wescott, Washington Regulatory Field Office, Post Office Box 1000, Washington, North Carolina 27889-1000. c. The Permittee shall restore or cause to be restored 4,500 square feet (0.103 acres) of cypress swamp forest comparable to the wetlands being impacted. d_ The Permittee shall preserve and maintain 6.01 acres of DA jurisdictional wetlands identified on the applicant's property plat. The Permittee is prohibited from performing any of the following activities on the property: Filling; grading; excavating; earth movement of any kind; construction of roads, walkways, . buildings, signs, or any other structure; any activity that may alter the drainage patterns on the property; the destruction, mowing, or other alteration of vegetation on the property; disposal or storage of any garbage, trash, or other waste material; or any other activity which would result in the wetlands being adversely impacted or destroyed. e. Prior to beginning work authorized by this permit, the Permittee shall execute and cause to be recorded a conservation casement prohibiting those activities listed in condition d. above. The holder of this easement shall be approved by the Corps of Engineers prior to recordation of the easement. The Received 02-07-2005 02:14pm From-2524828390 To-QUISLE&ASSOCIATES Page 018 02/07/2005 14:13 2524823390 YATES PAGE 17 2 Permittee shall provide the Corps of Engineers, a copy of the recorded easement within 60 days of the recordation of the easement. The Permittee shall take no action inconsistent with the terms and purpose of the conservation easement on the property described therein. l( ?1 f. Condition e. above runs with the land. The Permittee shall not sell, lease, or otherwise convey any interest in the property without first providing sixty (60) days written notice to the Corps of Engineers of the proposed conveyance. The instrument effecting such conveyance shall include legally binding restrictions on the use of the mitigation property as described in condition d. above, to be enforceable by the Permittee as well as the U.S. Army Corps of Engineers, Wilmington District. The instrument establishing such restrictions shall be subject to the approval of the Corps of Engineers. The Permittee shall enforce the terms of the required restrictions. g. Excavated or fill material shall not be placed in any location or in any manner so as to impair surface water flow into or out of any wetland area. If you have not-already done so, you should contact Mr. John Dorney, North Carolina Division of Water Quality, telephone (919) 733-1786, regarding Section 401 Water Quality Certification. This nationwide permit does not relieve you of the responsibility to obtain other required State or local approval. This verification will be valid for two years from the date of this letter unless the nationwide authorization is modified, reissued or revoked. Thank you for your time and cooperation. Questions or commcats may be addressed to Mr. Wescott, Washington Regulatory Field Office, telephone (252) 975-1616, extension 25. Recoivod 02-07-2005 02:14pm From-2524823390 To-QUIBLE&ASSOCIATES Page 017 PAGE 04 02/07/2005 14:13 2524823390 `=w MAY h 2005 Office Use Only: USACE Action ID No. (If any particular item is not app 1. Processing DEl'1R - WATER QUALITY V.'Z1VJMAN'D STORUNATER BRANCH Form Version May 2002 DWQ No. to this project, please enter "Not Applicable" or "NIA".) I . Cher all of the approval(s) requested for this project: ection 404 Permit Q Riparian or Watershed Buffer Rules ? S tion 10 permit isolated Wetland Permit from DWQ 401 Water Quality Certification\A(RC.4p --:V Z 2. Nationwide, Regional or General Permit Numbcr(s) Requested: f ul 3. If this notification is solely a courtesy copy because written approval for the 401 Cerrification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigationzf impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here; ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management ea of environmental Concern (see the top of page 2 for further details), check here: ¦?V? - ??t?? ?? -?stcL??? rao ??W?? H. Applicant Information Owner/Applicant Information Name. c7 wvft? )A zu? Mailing Address: 2. AgendConsultant Information must be a ched if the Agent I I 1.46C. Name: Company Affiliation: Mailing Address: (A signed and dated cop of the Agent Authorization letter q,-,.,signatory authority for the owner/applicant.) ;:*- Telephone Numbers.';- - ?'3g• a.17 Fax Number: E-mail Address: !?!>Q 0r-K,?? ?Ly+.?S?Qr% uL- Q?L:&Jo ?- Page 5 of IZ Received 02-07-2005 02:14pm From-2524823390 To-QUIBLEBASSOCIATES Page 004 Telephone Number? 3 - Fax Numbe . E-mail Address: - 02/07/2005 14:13 2524823390 YATES PAGE 05 (((, Project Information Attach a?Kiaity map clearly showing the location of the proper -it l-, respect to local (? landmarks such as towns, rivers, and roads. Also provide a detailed to pla ^showing prope rkOFA boundaries and development plans in relation to surrounding properties. Both the vicinity ma s> and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or?? at e acilities must be included. If Ms *lc, the maps and plans should include the appropriate`US Topographic Quad Map and NRC Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than I I by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that 6 the project has been placed on hold until decipher?a?ble? maps arc provided. 1. Name of project. 2. T.I.P. Project Number or State Project Number (NCDOT Only):' 3. Property Identification Number (Tax PIN): 4_ Location r- County: Q,?4t?t>l u O Nearest Town: 6"OGr%kA49*' Subdivision name (include phase/lot number): LAc Directions to ?sit?e? (include road n mbcm, landmarks, etc.): ' V1 \"7?0 ML? S ? LI L2?bck3? 5. Site coordinates, if available (UI'M or Lat/Long): t4 f'o (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody_) 6. Property size (acres): k.2t Pry -tom ' !?O( 6111D& uw 64% 7. Nearest body of water (stream/river/sound/ocean/lake) oIIE3;g 8. Pivcr Basin: Qywck? (Note - this must be one of North Carolina's seventeen designated major river basins. The ) River Basin map is available at 9. Describe the existing conditions on the st nd general land use the vicint of the project at the time of this application:-15-t0 h Page 6 of 12 Received 02-07-2005 02:14pm From-2524823390 To-QUISLUASSOCIATES page 005 02/07/2005 14:13 2524823390 10. Describe thp,pvcrall project in detail, YATES the of cquipment;o ?e PAGE 06 IV. Prior Project History if jurisdictional determinations and/or permits have been requested and/or obeained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USAGE Action ID Number, DWQ Project Number, application date, and date permits and eenifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with co truction scchgc ales. wVXI AKW'.5- V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, apd,provide justification for the exclusion of this work from the current application. KA13 G;- V1. Proposed Impacts to Waters of the United StatewWaters of the State It is the applicant's (or agent's) responsibility to determine, dclineatc and snap all impacts to wetlands, open water, and stream channels associated with the project. The applicat3t 4huftans'o provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 Received 02-07-2005 02:14pm From-2524823390 To-QUIBLE&ASSOCIATES Pale 006 02/07/2005 14:13 2524823390 YATES PAGE 07 1. Provide atwrincn qms pdon of the I in 10- 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of Impact' Area of Impact acres L.ocatcd within 100-year Floodplain" eslno Distance to Nearest Stream linear feet Type of Wetland'" a'o7 ;A- List tech impact scparawlr and identify temporary impacts. Impacts include, but ate not urnited to: mechant.•ea etranng, grading, lul, excavation, flooding, ditchingidrainage, etc. For dams, scparatcly list impacts due to both strucn= and flooding. 100-Year floodplains are identified through the Federrl Emergency Management Agency's (FF-MA) Flood Insurance Rate Maps (FIFLM), or FEMA-approved local floodpWn maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at .. ..._...............__.• List a wetland type that best describes wetland to be impacted (e.a., freshwater/aaltwater marsh foreatcd wcdand, bcavor pond. Carolina Day. bog, etc.) Indicate if wetland is isolated (determinarion of isoiation to be made by US ACE only). List the total acreage (estimated) of all existing wetlands on the property: G • A7r- Total circa of wetland impact proposed: O. 0113 k-1- 3. Individually list all intermittent and perennial stream impacts below: tJouC' Stream Impact Site Number indicate on ma Type of Impact' Length of Impact linear fret Stream Names' Average Width of Stream ncforc Im arc Perennial or Intermittent? Icwc s i • List each impact separately and identify temporary impactm impacts include. but are not limited to: culverts and associated rip-rap. dams (separately list impacts due to both structure and flooding), relocation (irtclude linear feet before and after, and act loss/pip), smollization activities (cement wa1L tip-tap, crib wall. gs0lons. etc.). excavation. ditehing(straigttrcmng, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated stmarns must be included. •• Stream names can be found on USGS, topographic traps. If a stream has no name. list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616. or online at several intanct sites also allow direct download and printing of USGS mops (e.g.. etc.). Cumulative impacts (linear distance in fret) to all strearrrs on site: Page S of 12 Received 02-07-2005 02:14pm From-2524823390 To-QUIBLE&ASSOCIATES Paige 007 02/07/2005 14:13 2524823390 YATES PAGE 08 -t. Individually list all open water impacts (including lakes, ponds. estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: 46,tt4f e of Watethody T Open Water Impact Site Number indicate on map) Type of Impact' Area of Impact acres Name of Waterbody (if applicable) yp (lake, pond estuary. sound, bu ocean etc.) • r __._w .,.. AEI -...-..-r.nn AredmnQ_ List earn [mpao scparuay anv 19cnury -F--Y I...F--- flooding. drainage. bulkheads. eta 5. Pond Creation t-laeze- If construction of a pond is proposed, associated wetland and stream impacts should be- included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this lication. Pond to be created in (check all that apply): [I uplands astream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-downs valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local storrtlwater requirement. etc.); Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to. site constraints such as topography, building ordinances, accessibility, and financial viability of the project. 'lbe applicant may attach drawings of alternative, lower-impact sire layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques ti? by follg%ed during construction to reduce impacts. V111. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. ti Page 9 of 12 Received 02-07-2005 02tldpm From-252d823390 To-QUIBLE&ASSOCIATES page 008 02/07/2005 14:13 2524823390 YATES PAGE 09 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Fedcral Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating. restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible. including, but not limited to: site location (attach directions and/or map. if offsite), affected stream and river basin. type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view. preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP wcbsite at If use of the NCWRP is proposed, please check the appropriate box on page thrrc an&prtTvf& M following infbrmation: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 Received 02-07-2005 02:14pm From-2524823390 To-QUIBLEBASSOCIATES pace 009 02/07/2005 14:13 2524823390 YATES PAGE 10 (X. Environmcntal Documentation (rcquircd by DWQ) Does the project involve an expenditure of public (federallstate) fiends or the use of public (federal/state) land? Yes ? No [+? If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at 919) 733-5033 to review current thresholds for environmental documentation. Yes L No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval lener. :? . Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts arc proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffet Requirements), or other (please identify )? Yes ? No [ If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. if buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone' Impact (square fact Multiplier Required Mitigation I 3 2 I.5 Total Lune 1 extends out 30 feet perpendicular from near bank of channel: Zone'_ extends an additional 20 Net from the edge of Zone I. Page I I of 12 Raceivad 02-07-2005 02:14pm From-2524829980 To-QUIBLE&ASSOCIATES Page 010 02/07/2005 14:13 2524823390 YATES PAGE 11 X[. XII. (f buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.. Donation of Property, Consc-rvation Eascmcnt, Riparian Buffcr Restoration / Enhancement. Preservation or Payment into the Riparian Buffer Rcstorarion Fund). Please artach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. Stormwster (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss storrrtwater controls proposed in order to protect surface waters and wetlands downstream from the property. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed proo''e_ct, or available capacity of the subject facility. IAA )4,- , ,..l Hsu vin IL' to k h ?c l Y3 e?Q?+?a XIII. Violations (required by DWQ) 15 this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules? Yes ? No 0? is this an after-the-fact permit ap lication? Yes [I No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose lirnits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's coaaa4. - pp 'cant/Agent's Signature ( Date (Agent's signature is valid only if an authorization letter from the applicant is provided-) Pap 12 of 12 Received 02-07-2005 02:14pm From-2524823390 To-QUIBLE&ASSOCIATES Page 011 02/07/2005 14:13 2524823390 YATES ADDENDUM: NWP 18 WETLANDS APPLICATION EDENTON COTTON MELL DEVELOPMENT Town of Edenton; County of Chowan North Carolina PAGE 13 IIh9 Existing Development The Old Edenton Cotton Mill and surrounding out buildings arc the dominant features covering most of the 14 acres of upland on the site. The Mill building itself, an excellent example of Italianatc Revival, is listed on the National Historic Register by the National Park Service. As shown by the Plat "Existing Site Development", the area is almost fully developed A large portion of the area was historically filled, raising the site elevation to x-10 to +14 feet. Steep contour lines along the eastern and southern alignments of the cypress swamp forest, and the presence of solid fill just below the surface soil attest to historical disturbance. Water access is available via a small ramp and dock to Queen Anne Creek at the eastern boundary of the site. The area surrounding the Mill is residential in nature and the area is undergoing some reconstruction and re-development of old mill houses, as well as new residential development. II1.10 Proposed Development The project proposes to convert the sprawling complex into a mixed-use development primarily utilizing the existing buildings. These will primarily be for residential uses, while others will be converted to modest commercial uses intended to support the residents of the complex and adjoining mill village. The 49,200 square foot (sf) Mill will be divided into 29 residential condominiums from 1,435 sf to 3,100 sf. The Mill basement is within the 100-year flood plain and will be used only as unconditioned storage. The existing 6,200 sf boiler and engine houses will be converted into a mix of professional office and caf6 space. The existing 3.600 sf picker room will be converted into professional office space, and in the mill yard, the existing 9,900 sf cotton house will be converted to retail. Also in the mill yard, the existing 3,800 sf warehouse w111 be divided into two residential units. The existing out building located to the east of the asphalt driveway and the wetland line will be removed as the majority of this area is needed for construction of the required Received 02-07-2005 02:14pm From-2524823390 To-QUIBLUASSOCIATES Page 013 02/07/2005 14:13 2524823390 YATES PAGE 14 VIA VIi stormwater detention pond, Additional area dedications are required to meet the Town of Edenton Unified Zoning Ordinance which requires a minimum of 199 spaces. These are shown at the center of the development and depicted in the Plat. Proposed Site Development. New construction is proposed to add ten, two-story wood framed houses ( Creek Houses) as shown on the Plat, Proposed Site Development. Each of these homes will contain between 800 sf and 1,500 st. The four units just to the east of the old warehouse are proposed to be constructed on pilings and would be elevated over approximately 3,200 sf of wetlands (see response to items Vt. VIi and V111). Proposed Impacts The Applicant proposes to construct four of the Creek. Houses partially over the delineated wetlands as shown in the Plat, Proposed Site Development. The shaded area depicted is approximately 3,200 --f and will consist ofpilinps. No fill or related alteration of the wetlands is proposed and the primary impact will be a shading of this area of understory of the swamp forest habitat. Impact Justification In the early planning/design phasc5, twelve Creek i4ouses were anticipated in the existing massed area to the east of the mill complex (see flat, Existing; Sitc Development). As development plans progressed considerably more area than was planned would need to be set aside to meet stormwater and parking requirements respectively from the State and To%vn. In particular, the size of the detention pond in volume and area was recalculated with the increased impervious surface from the required additional parking to accommodate an 85% coverage. The calculations (attached to this Addendum) require a pond of approximately 5 acres and a storage area of 10,121 sf' (See Plat, Proposed Site Development) The alternative chosen was to reduce the number of proposed units from 12 to 10, and to site a portion of four of the foot prints over 3,200 sf of historically filled wetlands. No other impacts to wetlands are expected. V111 Mitigation in addition to preserving the 6.01 acres of the existing 6.08 acres of wetlands at the site, the applicant proposes to mitigate the .073 acres (3.200 sf) of shaded wetlands by Raceived 02-07-2005 02:14pm From-2524823390 To-QUIBLE&ASSOCIATES Paie 014 02/07/2005 14:13 2524823390 YATES PAGE 15 • s sf) of h?sturically filled wetlands on site. The proposed area is restoring 0.1 ac rc (4,500 located sU area 1 layerGait, 18U) roximately 60 feet west of the Impacted wetland hrea th Severaal l meet above "natural'' elevations and is characterized several app covering solid rack or rip rap till. 1'he area, shown in Plat, Proposed Site Development, will be excavated to remove the debris and till material, finished contoured to approximately +--33 feet or less and landscaped into the existing, elevations of wetlands on the area's southern side. Naturally occurring species will bG planted and the available seed sources of existing species will expand to the restored area. Received 02-07-2005 02:14pm From-2524323390 To-QUIBLE&ASSOCIATES Page 015 04/29/2005 13:28 2524823390 ?4-26-2006 12:06pm Frcm-QJ1UE9ASSOCIATES April 28, 2005 Henry Yates Edenton Cotton Mill Developmcm, Inc. X01 East Queen 5treat Edenton, ANC 27932 Re: Edenton Cotton Mill YATES PAGE 02 252261'250 T-063 P.002/002 F-170 To Whom It May Concern: T a;rthorize Quible & Associzam P.C. to act as my agent for permining Issues related to CAMA Permitting. Nationwide 18 Fill and water Q1:aliry Certification at tie property refcrcttccd as tho Edemon Cotton Mill. Sincerely, Edenton Cotton Mil, Inc. Henry Yaws Received 04-29-2005 12:33pm From-2524023390 To-QUIBLE&ASSOCIATES Pala 002