HomeMy WebLinkAbout20050953 Ver 1_Complete File_20050601W AT ?9pG
D 'C
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Doris Bumgarner
City of Claremont
P.O. Box 446
Claremont, NC 28601
Wk T- Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Subject:
t`7
OF.rilt V?r,trtel r.i?„r:n';vut?.
Dear Ms. Buingarner:
July 17, 2006
Notice of Violation and
Notice of Recommendation For Enforcement
Incident #: 200602218 & NOV-2006-WQ-0019
DWQ # 05-0953, Heart Dr. Extension Project
401 Water Quality Certification,
NCAC 0213.0211 (2), and
General Permit NCG010000
Catawba County, NC
In response to a referral from the North Carolina Department of Transportation Mr. Alan Johnson and Ms. Polly
Lespinasse, of this office, conducted an investigation at the subject site on July 12, 2006. During the investigation it was
observed that in excess of 900 linear feet (If) of stream and been impacted due to sediment deposition from the
construction of the Heart Drive road extension/stream crossing. Specifically, immediately above and below the stream
crossing sediment was approximately two feet deep. Further downstream, the sediment deposition averaged between eight
to twelve inches in depth removing the ripple/pool complex through out the segment of the stream that was inspected. In
addition, it was noted that along the sewer line construction easement, approximately 600 feet below the culvert, sediment
appeared to be entering the stream due to a failing silt fence. This letter is being issued as a Notice of Violation and
Notice of Recommendation For Enforcement for the removal of best usage of the waters pursuant to 15A North Carolina
Administrative Code (NCAC) 02B .0211 (2) and failure to comply with General Certification 3402, condition #9.
Based on this office's inspection of the site, the following violations were observed:
NCAC 213.0211 (2): Preclusion of Best Usage
The sediment deposition in the stream resulted in the loss of use of the channel for aquatic life. Specifically, 15A
NCAC 213 .0211 (2) states that the preclusion of best usage, which includes "...aquatic life propagation and
maintenance of biological integrity, wildlife, secondary recreation, and agriculture ..." represents a water quality
standard violation.
General Certification 3404, 912
The sediment and erosion control practices must equal or exceed those in the most recent version of the North
Carolina Sediment and Erosion Control Manual and be in full compliance with state rules and regulations.
Be advised that upon approval of your Sediment and Erosion Control Plan (SECP) by the Division of
Land Resources, Land Quality Section, you were also issued (along with the approval letter) the State General ore
Storm Water Permit (NCGO 10000). The permit requires the installation of a rain gauge, regular No hCarolma
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service
Internet ncwaterquality.org FAX (704) 663-6040 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
inspections of storm water discharges and erosion control devices, and record keeping. It is requested that records
from January 1, 2006 to the present be submitted to this office within 24 hours of receipt of this notice. Failure
to submit this information may result in additional violations due to none compliance with the storm water
permit.
This office requires that the violations be abated immediately. If you have an explanation for the noted
violations that you wish to present, please respond in writing within fifteen (15) days following the date of receipt of
this notice. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your
explanation will be forwarded to the Director with the enforcement package for his consideration. Please note that
these violations and any future violations are subject to civil penalty assessments of up to $25,000.00 per day for
each violation.
In addition to your response and NPDES records, a stream restoration plan and a timeline for completion of the
work must be submitted to this office. We strongly recommend that immediate action be taken to prevent further
migration of the sediment downstream and that a professional who is experienced in these matters be contacted. Thank
you for your prompt attention to this matter. If you have any questions, please do not hesitate to contact Mr. Johnson or
me at (704) 663-1699.
Sincerely,
D. Rex Gleason, P.E.
Surface Water Protection
Regional Supervisor
cc: US Army Corps of Engineers
Danny Smith - Compliance/Enforcement
Wetlands Unit -Ian McMillan
Becky Fox - EPA
Central File
r
j
C) Sediment Impacts at adjoining property owner 900-plus ft. downstream.
O?O? W A T ?9pG
t-
Michael F. Easley, Govemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
June 10, 2005
DWQ# 05-0953
Catawba County
Ms. Doris Bumgarner
City of Claremont
P.O. Box 446
Claremont, NC 28601
Subject: Heart Dr. Extension Project
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Ms. Bumgarner:
You have our approval, in accordance with the attached conditions and those listed below, to impact
149 linear feet (If) of unnamed stream to Long Creek in order to extend Heart Drive in Catawba County, as
described in your application received by the Division of Water Quality (DWQ) on June 1, 2005. After
reviewing your application, we have determined that this project is covered by Water Quality General
Certification Number 3404, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. The
General Certification allows you to use Nationwide Permit Number 14 once it is issued to you by the U.S. Army
Corps of Engineers. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control,
Non-Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless otherwise
specified in the General Certification. This approval is only valid for the purpose and design that you described
in your application. If you change your project, you must notify us in writing, and you may be required to send
us a new application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter; and is thereby responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. Riprap or other stream armoring materials shall not be utilized for the construction of the plunge pool.
3. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts are not
allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities.
4. The planting of native vegetation and other soft stream bank stabilization techniques must be used where
practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in
the streambed, unless approved by the DWQ.
5. Stormwater discharge structures at this site shall be constructed in a manner such that the potential receiving
streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the
stream banks.
NorthCarolina
.11atirr rlly
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service
Internet: h2o.enr.state.nc.us FAX (704) 663-6040 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer- 500% Recycled/109% Post Consumer Paper
6. No waste, spoils, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Preconstruction Notification application. All construction activities
associated with this project shall meet, and/or exceed, those requirements specified in the most recent
version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no
violations of state water quality standards, statutes, or rules occur.
7. Sediment and erosion control devices shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within two months of the date the Division of Land
Resources has released the project.
8. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality. Please send photographs of
the upstream and downstream sides of each culvert site to document correct installation, along with the
Certificate of Completion form.
9. Continuing Compliance. The applicant (City of Claremont) shall conduct all activities in a manner so as not to
contravene any state water quality standard (including any requirements for compliance with section 303(d)
of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ determines
that such standards or laws are not being met (including the failure to sustain a designated or achieved use)
or that state or federal law is being violated, or that further conditions are necessary to assure compliance,
DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with
such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the
certification, DWQ shall notify the applicant and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A
NCAC 2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be provided
to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of
the Clean Water Act, and shall also become conditions of the 404 Permit for the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that
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 Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
for Alan W. Klimek, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
Land Quality, MRO
Central Files
File Copy
Chris Huysman
Triage Check List
Date:
6/9/05
Project Name: Heart Drive Ext.
To:
Alan Johnson, Mooresville Regional Office
DWQ#: 05-0953
County: Catawba
60-day Processing Time: 6/6/05 to 7/30/05
From: Cyndi Karoly Telephone : (919) 733-9721
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Neuse, 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 pre-application meetings?
? Cumulative impact concern
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 information 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!
Michael F. Easley, Governor
?0 FQG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
tip r Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
June 8, 2005
DWQ # 05-0953
Catawba County
CERTIFIED MAIL
Mr. Chris Huysman
WNR
PO Box 224
Newton, NC 28658
Dear Mr. Huysman:
On 6/1/05, the Division of Water Quality received your application on behalf of the City of Claremont for Heart
Drive Extension for a 401 Certification in Catawba County, North Carolina. In reviewing the project it was
noted that an incorrect fee amount had been submitted (check 1458, $200). Ms. Bev Strickland alerted you to
the error and on 6/6/05 Division of Water Quality received another check (#1460, $475) in the appropriate
amount.
Returned to you is check # 1458 in the amount of $200. Please reference DWQ # 05-0953 in any future
correspondence.
If you have any questions regarding this letter please do not hesitate to call me at (919)-733-1786.
Sincerely,
1 14-1,
Cyndi Karoly
Enclosure: Check #1458 in the amount of $200.00
CC: File Copy
Central Files
05-0953 Ck Returned City of Claremont
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
(919) 733-1786 (phone), 919-733-6893 (fax), (http:%.h2n cm .titate.nc.us;'nc??etlancls)
Customer Service #: 1-877-623-6748
r?coENR
Personal Account Information Redacted
Wetland and
Natural Resource
Consultants, Inc.
Facsimile
Newton Office
PO Box 224
Newton, NC 28658
Phone: 828 / 465-3035
Fax: 828 / 465-3050
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Ms. Amanda Jones
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Rm 208
Asheville, NC 28801
RE: Heart Drive Ext
Claremont, Catawba County, NC
Action ID 200431315
Ms. Jones
JUN ?005_
DENR . t-, r
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Attached are revised drawings and PCN form for the Heart Drive Extension that you
authorized under Nationwide Permit 14.
Please revise the authorization to reflect that the project will have hard impacts that
total 149 linear feet and soft impacts resulting from a plunge pool that total 30 linear
feet. The entire impact will be to 179 and accounts for meanders in the stream.
Please call me at 828 / 320-8120 with any questions that you may have.
Best regards,
hris Huysman
Cc: Alan Johnson
NC DWQ
610 East Center Street, Suite 310
Mooresville, NC 28115
Newton Office Clyde Office
PO Box 224 wnrinc.com 217 Paragon Parkway, #142
Newton, NC 28658 Clyde, NC 28721
828-465-3035 828-648-8801
828-465-3050 Fax 1 828-648-8802 Fax
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action 1D. 200431315 County: Catawba USGS Quad: Newton
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: City of Claremont / Attn: Doris Bumcarner
Address: P.O. Box 446
Claremont. NC 28601
Telephone No.: 828-459-7009
Size and location of property (water body, road name/number, town, etc.): The proposed road extension
is located on Heart Road. north of Keisler Dairv Road, in Claremont. Catawba Countv. North
Carolina.
Description of projects area and activity: This permit authorizes the placement of fill associated with a
road extension. Impacts to stream channels authorized by this permit are 208 linear feet of an
unnamed tributarv to Lone Creek.
Applicable Law: ® 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: 14
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide conditions and your submitted plans. Any violation of the attached conditions or deviation
from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate
legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine
Section 401 requirements.
For activities occurring 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 .
This Department 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 Amanda Jones at 828-271-7980 x231.
Corps Regulatory Official Amanda Jones Date: March 2. 2005
Expiration Date of Verification: March 2. 2007
-1-
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless
there is a change in the law or our published regulations, this determination may be relied upon for a period not
to exceed five years from the date of this notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued-. Action ID
Basis of Jurisdictional Determination: The site contains a stream channel with indicators of an ordinary high water
mark. The stream channel on the property is an unnamed tributary to Long Creek which flows into the Catawba
River and ultimately flows to the Atlantic Ocean through the Santee-Cooper in South Carolina.
Corps Regulatory Official: Amanda Jones
Date March 2. 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.
Copy Furnished:
WK Dickson, Attn: Al Stewart, 231 16th Avenue, NE, Hickory, NC 28601
WNR, Inc., Attn: Chris Huysman, P.O. Box 224, Newton, NC 28658
07-01-'04 12:29 FnCM-?K DICKSCN & CO, 111C 3233279164
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WN:t ''.r
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Wetland and Natural Resource ' ?`
Consultants. Inc. '+?
Department of the Army
Wilmington District, Carps of Engin ers
Attn: Ken Jolly, Chief Regulatory Division
PO Box 1890
Wilmington, North Carolina, 28402-1890
NC Division of Water Quality
Attn: John Dorney
2321 Crabtree Blvd.
Raleigh, Narth Carolina. 27604.2260
We. the project proponent for +c prcposcd road project, a public thoroughfare, hereby authorize
Wetlend and Natural Resourcz Consultants, Inc. to act on our behalf as our cgerrt during the
processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean
Water Act and the Rivers and Harbors Act. The City, as the benefactor of the protect, provides
signatory power for parmit'appiicatlons and the developers and landawners that art required to
build the thoroughfare are responsible for compliance with all applicable state and federal
regulations.
Paderal and State ogents are authorized to be an said property when accompanied by Wetland and
Natural Resource Consultants, Inc. staff.
Wetiand and Natural Resourca Consultants. Inc. Is authorized to provide supplemental information
needed for permit processing at the request of the Corps or OWQ.
Project Proponent: -I-/7y OF CL,4,eE54ol-27-
Addreso: /°D. t3ox- 54410
Address: 33G/ E, A44Y l 97-
A ddress: ALA 2?ti1 orcl T ?? 28? fJ
Phone, Number: B28 - ;159 - 700
Proponent's Signature: DorLis j u, (,/4 ,-j,IEMY _
Date: ?S-a
Property Location: Z4Rk--f?7VAJ7-
Property Cwner: /l?i4TTr/EL?S ?.yST.eI?GTID.tJ ,? ,rc;C ,
Address: A9 f 45 r ,5oy771
Address: ??.tJ01/?Q /t1C 2?1v/3
Owner's Signature: Newton Ctflca Cyde Ofnce
Pa 130X224 wrutnc.corn 217 Pcrcgon Pcrkuroy. 1142
Newton. NC 26658 Clydo, NC 28721
828-465.30-13 826-627-0051
828-465-3050 Fox 1 826-627-0052 Fox
Above: Photo of the approximate impact location of Heart Drive
Below: Map from MapQuest that shows Heart Drive from Keisler Dairy to Hwy 70
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Office Use Only: Form Vcrsion May 2002
USACC Action ID No. DWQ No.
(If any particular item is not applicable to tlus 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: 14
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: ?
if. Applicant Information
1. Owner/Applicant Information H@L i0 \`J !5 n
Name: Doris Bum<>arner ffuuJJ
Mailing Address: City of Claremont JUN 1_ 2005
PO Box 446
Claremont, NC 2860.1 DENR - wATERQUALITY
V,'ETU,NDS AND STGRkWATER BRAEXIi
Telephone Number: 828 459 7009 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Chris Huysman
Company Affiliation: Wetland and Natural Resource Consultants, Inc
Mailing Address: PO Box 224
Newton, NC 28658
Telephone Number: 828 465 3035 Fax Number: 828 465 3050
E-mail Address:wnrinc@aol.com
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Heart Drive from terminus to Keisler Dairy Road
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Catawba Nearest Town: Claremont
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): East on Hwy 70 from Hwy 16
toward Claremont Right on NCSR 1739, left on NCSR 1734, left on NCSR 1731 NCSR
1731 is Keisler Dairy Road
5. Site coordinates, if available (UTM or Lat/Long):35 41'41 " N and 81 09' 51" 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): Linear Road Project
7. Nearest body of water (stream/river/sound/ocean/lake): UT Long Creek
8. River Basin: Catawba River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The proposed right of way is illustrated on the Newton, NC
USGS Topographical Quadrangle (1993) and is on the City of Claremont's Thoroughfare
plan. The right of way passes through fields and forest and has one stream impact.
10. Describe the overall project in detail, including the type of equipment to be used:
The protect entails the development thoroughfare road for the Claremont for public access.
Dozers, track-hoes and other equipment will be used during; construction. The design will
allow for the passage of aquatic life through the installation of the pipe below grade. The
proposed segment will connect to the existing terminus at Kellv Boulevard. No other impact
will occur to regulated waters.
11. Explain the purpose of the proposed work:
The road will provide alternate traffic flows between Keisler Dairy Road and US 70. The
road will also serve a proposed industrial facility.
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.
N/A
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.
N/A
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:
Impacts will result from the piping and filling of an unnamed urban channels. CMP with baffels
will be placed on a washed stone bed. Flows will discharge into a riprap to dissapate flow
energy. Pipes will be counterset by 1 foot or 20% of the diameter.
2. Individually list wetland impacts below:
Wetland Impact
Site Nmnber
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(ycs/no) Distance to
Nearest Stream
(linear feet)
Type of Wctland***
N/A
N/A
N/A
N/A
N/A
N/A
' List each impact separately and identity temporary impacts. Impacts include, but are not lunited to: mechanized clewing, grading, till,
excavation, flooding, ditching drainage, etc. For darns, separately list impacts due to both structure and flooding.
" 100-Year lloodplains are identified through the Federal Enu:rgcncy Management Agency's (FEMA) Flood Insurance Rate Maps
(ITW), or FEMA-approved local lloodplain maps. Maps are available through the FEMA Map Snice Center at I-SW-3580616, or
online at hump /h%?%w lcrna.• cw.
List a wetland type that be tit describes wetland to be impacted (e.g., treshwatcr/s ilhvater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USAGE only).
List the total acreage (estimated) of all existing wetlands on the property: 0
Total area of wetland impact proposed: 0
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Nwuber
(indicate on ma)
Type of Impact* LengUr of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Im ct Perennial or
Intermittent?
(lease specify)
Impact 1 pipe 144 UT Long Creek 2 perennial
Impact 2 rock vane 5 UT Long Creek 2 perennial
Impact 3 plunge pool 30 UT long Creek 2 perennial
' 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 (untamed tributary) to the nearest
downstream named stream into which it !lows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.us<gs.gov. Several internet sites also allow direct dowuload and printing of USGS maps (e.g., wwxv.toTwone.coin,
etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 179
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres)
Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bav, ocean, etc.)
N/A
N/A
N/A
N/A
N/A
* List unch impact separately and identity temporary impacts. Impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkhurds, etc.
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): ? uplands ? stream ? wetlands
Describe the method of construction dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
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.
Impacts are required to provide alternative traffic flows as cart of the Citv of Claremont's
thoroughfare plan.The current alignment honors topographical constraints and property lines.
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 sliall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr state.nc.us/ncwetlands/strmgide.html.
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.
Remaining stream channels and their buffers will be preserved.
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:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federaUstate) funds or the use of public
(federaUstate) 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. Tile 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 N/A)?
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* (s rare feet) Multiplier ti Require on
1 N/A 3 N/A
2 N/A 1.5 N/A
Total N/A N/A
Gone l exlLnds out A text 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.
N/A
XI. Stormwater (required by DWQ)
Describe impervious acrea&e (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.
N/A (Linear road project)
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.
N/A (Linear road project)
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (I 5A 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).
Applicant/Agedt's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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Name: NEWTON Location: 715072 ft. N 1356813 ft E
Date: 5/31/2005 Caption: Heart Drive Extention
Scale: 1 inch equals 2000 feet
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Consultants, Inc. ..-•._.? •.•.
May 6, 2005
Ms. Amanda Jones
U5 Army Corps of Engineers
Asheville Regulatory Feld Office
151 Patton Avenue, Rm 208
Asheville, NC 28801
RE: Heart Drive Ext
Claremont, Catawba County, NC
Action ID 200431315
Ms. Jones
SUN .? 2Q05
pEtiR - v? STOi?'1? h1'ER E?;CN
x"00 ?.D
Attached are revised drawings and PCN form for the Heart Drive Extension that you
authorized under Nationwide Permit 14.
Please revise the authorization to reflect that the project will have hard impacts that
total 149 linear feet and soft impacts resulting from a plunge pool that total 30 linear
feet. The entire impact will be to 179 and accounts for meanders in the stream.
Please call me at 828 / 320-8120 with any questions that you may have.
Best regards,
11
hris Huysman
Cc: Alan Johnson
NC DWQ
610 East Center 5treet, Suite 310
Mooresville, NC 28115
Newton Office Clyde Office
PO Box 224 wnrinc.com 217 Paragon Parkway, # 142
Newton, NC 28658 Clyde, NC 28721
828-465-3035 828-648-8801
828-465-3050 Fax 1 828-648-8802 Fax
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200431315 County: Catawba USGS Quad: Newton
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: City of Claremont / Attn: Doris Bum?!arner
Address: P.O. Box 446
Claremont. NC 28601
Telephone No.: 828-459-7009
Size and location of property (water body, road name/number, town, etc.): The proposed road extension
is located on Heart Road, north of Keisler Dairv Road, in Claremont. Catawba Countv. North
Carolina.
Description of projects area and activity: This permit authorizes the placement of fill associated with a
road extension. Impacts to stream channels authorized by this permit are 208 linear feet of an
unnamed tributarv to Lone Creek.
Applicable Law: ® 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: 14
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide conditions and your submitted plans. Any violation of the attached conditions or deviation
from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate
legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine
Section 401 requirements.
For activities occurring 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.
This Department 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 Amanda Jones at 828-271-7980 x231.
Corps Regulatory Official Amanda Jones Date: March 2. 2005
Expiration Date of Verification: `larch 2. 2007
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless
there is a change in the law or our published regulations, this determination may be relied upon for a period not
to exceed five years from the date of this notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued-. Action ID
Basis of Jurisdictional Determination: The site contains a stream channel with indicators of an ordinary high water
mark. The stream channel on the property is an unnamed tributary to Long Creek which flows into the Catawba
River and ultimately flows to the Atlantic Ocean through the Santee-Cooper in South Carolina.
Corps Regulatory Official: Amanda Jones
Date March 2. 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.
Copy Furnished:
WK Dickson, Attn: Al Stewart, 231 16th Avenue, NE, Hickory, NC 28601
WNR, Inc., Attn: Clu-is Huysman, P.O. Box 224, Newton, NC 2868
07-01-'34 12:29 FnCM-?K DICKSON & CO, 1N; 3233279164
T-190 P92/03 U-915
I
WN;t
Welland and Natural Raaource
ConeUllanta, Inc.
Department of the Army
Wilmington District, Carpe of Engineers
Attn: Ken Jolly, Chief Regulatory Division
PO Box 1890
Wilmington, North Carolina, 28402-1890
NC Division of Waiter Quality
Attn: John Darner
2321 Crabtree Blvd.
Raleigh, North Carolina. 27604-2260
Ws, the project proponent for the proposed rood project, a public thoroughfare, hereby authorize
Wetland and Natural Resource Consultants. Inc. to act on our behalf as our ogent during the
processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean
Water Act and the Rivers and Harbors Act. The City, as the benefactor of the project, provides
signatory power for parmit'oppiicattons and the developers and landowners that are required to
build the thoroughfare are responsible for compliance with all applicable state and federal
regulations.
Paderal and State agents are authorized to be on said property when accompanied by Wetland and
Natural Resource Consultants, Inc. staff.
Wetland and Natural Resourca Consultants. Inc. is authorized to provide supplemental information
needed for permit processing of the request of the Corps or DWQ.
Project Proponent: C/7y DF C!ZA-'E140,07-
Addreso: /?D. -dox• iZ4lo
Address: 33G/ ?, tift/AY ST.
Address: ?'LA e??t?ta?y 7- OC-, 28?
Phone Number: 826 -- X59' - 700
Proponent's Signature: Da rtrs ?r?» r A X1,1 EI'?
Date: (p - RS-a
Property Location: ?•4/.FY"(?,D, ?S2 1733CLQ 7-
Property Owner: /1?i9777?El?iS ?,nJST.eUL77D?eJ r ,? lc/C?' ,
fl!/E .5o??TfY
Address: f457-
Address:
Owner's Signature:
Newton CMce C.yde Wce
Pa Box 224 wnrlnc.com 217 Pcragon Pcrkway. 0142
Newton. NC 28658 Clydo, NC 28721
828.465.3033 828.627-0051
828-46S-3050 Fox 1 828-627-00S2 Fax
Above: Photo of the approximate impact location of Heart Drive
Below: Map from MapQuest that shows Heart Drive from Keisler Dairy to Hwy 70
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Office Use Only: Font Version May 2002
USACE Action ID No. DWQ No.
(it any parucutar item is not appncaoie to ttus project, please enter "Not Appucaote" or "MA".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 14
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: ?
H. Applicant Information
Owner/Applicant Information
Name: Doris Bumi?arner n 2 (kK- ? I, (? U v 5 (??/J
Mailing Address: City of Claremont 1Lf;?( l t5
PO Box 446 JUN 1 = 2005
Claremont, NC 28601
DENR - wxrER QOALiTY
Telephone Number: 828 459 7009 Fax Numbel MTS?-'?'DSTMWATEREMNCH
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: Chris Huvsman
Company Affiliation: Wetland and Natural Resource Consultants, Inc
Mailing Address: PO Box 224
Newton, NC 28658
Telephone Number: 828 465 3035 Fax Number: 828 465 3050
E-mail Address:wnrinc@aol.com
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Heart Drive from terminus to Keisler Dairy Road
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Catawba Nearest Town: Claremont
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): East on Hwy 70 from Hwy 16
toward Claremont. Right on NCSR 1739, left on `CSR 1734, left on NCSR 1731. NCSR
1731 is Keisler Dairv Road
5. Site coordinates, if available (UTM or Lat/Long):35 41'41 " N and 41 09' 51" 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): Linear Road Project
7. Nearest body of water (stream/river/sound/ocean/lake): UT Long Creek
River Basin: Catawba River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The proposed right of way is illustrated on the Newton, NC
USGS Topouraphical Quadrangle (1993) and is on the City of Claremont's Thoroughfare
plan. The right of way passes through fields and forest and has one stream impact.
10. Describe the overall project in detail, including the type of equipment to be used:
The project entails the development thoroughfare road for the Claremont for public access.
Dozers, track-hoes and other equipment will be used during construction. The design will
allow for the passage of aquatic life through the installation of the pike below grade. The
proposed segment will connect to the existing terminus at Kelly Boulevard. No other impact
will occur to regulated waters.
11. Explain the purpose of the proposed work:
The road will provide alternate traffic flows between Keisler Dairy Road and US 70. The
road will also serve a proposed industrial facility.
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.
N/A
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.
N/A
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:
Impacts will result from the piping and filling? of an unnamed urban channels. CiVTP with baffels
will be placed on a washed stone bed. Flows will discharge into a rinrap to dissapate flow
energy. Pipes will be counterset by 1 foot or 20% of the diameter.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located witltin
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A
N/A
N/A
N/A
N/A
N/A
' List cacti impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grad
urg, fill,
excavation, flooding, ditching drainage, etc. For dams, separately list impacts due to both structure and flooding.
" 100-Year floodplairrs are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local iloodplain maps. Maps are available through the FEMA Map Service Center at I-SW-353-9616, or
online at ImplAca-%v lLma._ov.
List a wetland type that best describes wetland to be impacted (e.g., tieshwater/saltwater marsh, lbrested wetland, })-=aver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (de terinination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0
Total area of wetland impact proposed: 0
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Nwnber
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please sifv)
Impact I pipe 144 UT Long Creek 2 perennial
Impact 2 rock vane - UT Long Creek 2 perennial
Impact 3 plunge pool 30 UT long Creek 2 perennial
' 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 1-500-355-9616, or online at
WN'VW.us2s.1.!ov. Several interact sites also allow direct download and printing of USGS maps \tNv%v.topozone.com,
::j:clt: et.r , etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 179
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbodv
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bav, ocean. etc.)
N/A
N/A
N/A
N/A
N/A
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bullheads, 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): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VH. 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.
Impacts are required to provide alternative traffic flows as part of the Citv of Claremont's
thoroughfare p1an.The current alignment honors topographical constraints and property lines.
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:Hh2o. enr. state. nc. us/ncwetlands/strmgide. htm 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.
Remaining stream channels and their buffers will be preserved.
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 aud. to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federaUstate) 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 213 .0233
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify N/A)?
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 N/A 3 N/A
2 N/A 1.5 N/A
Total N/A N/A
' Gone 1 erlends out A lee;; perpendicular trout near bank of channel; Zone 2 eartends an
additional 20 feet trout 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.
N/A
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.
N/A (Linear road project)
X1I. 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.
N/A (Linear road project)
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).
Applicant/Agedt's Sig6ture T Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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