20051326 Ver 1_Complete File_20050714

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Michael F. Easley, Governor

William G. Ross Jr.. Secretary
North Carolinll DcplIrtment of Environmc:nt and Natural Rcsources

Alan W. Klimc:k, I'.E. Dircctor
Division of Water Quality

August23,2005
DWQ# 05-1326
Catawba County

Mr. Marian Avram
European Development & Management
2934 West Lake Street
Chicago, IL 60612

Subject: Deepwood SID, Sandy Ridge Road, Hickory
APPROVAL of 401 Water Quality Certifications with Additional Conditions

Dear Mr. Avram:

You have our approval, in accordance with the attached conditions and those listed below, to impact
0.006 acre of wetland in order to construct the Deepwood Subdivision in Catawba County, as described in your
application received by the Division of Water Quality (DWQ) on July 14, 2005. After reviewing your application,
we have determined that this project is covered by Water Quality General Certification Number 3402, which
can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands.This General Certification allows you
to use Nationwide Permit Number 39 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. 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.

3. 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.

4. 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, andlor 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. _..one .
NjifthCarohna
/Vlllllfllllfl

North ClIrolina Division of Water Quality 610 East Center Avc., Suite 301 Moorcsvillc, NC 28115 Phone [phone]
Internet h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Customer Servicc
1-877-623-6748

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5. 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.

6. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and
waters or areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in
place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample
deed nqtification format can be downloaded from the 401/Wetlands Unit web site at
http://h20.enr.state . nc. us/ncwetla nds.

7. 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.

8, Continuing Compliance. European Development & Management 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 OWQ
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 European Development & Management and the US Anny 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
European Development & Management in writing, shall be provided to the United States Anny 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. Barry Love in the Mooresville Regional Office at 704-663-1699
or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.

Attachments

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Sincerely,
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for Alan W. Klimek, P.E.

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AUG 2 (l 2005

cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
Central Files
Chris Bulza

\' DEN . WATER QUALITY
l'fTWiD ANO STo,\I.;'W-\TF,R DPA//ell

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Michael F. Easley, Governor

William G. Ross Jr.. Sccretary
North Carolina Departmcnt of Environmcnt and Natural Rcsourees

Alan W. Klimck, P.E. Dircctor
Division of Watcr Quality

August 23, 2005
DWQ# 05-1326
Catawba County

Mr. Marian Avram
European Development & Management
2934 West Lake Street
Chicago, IL 60612

Subject: Deepwood SID, Sandy Ridge Road, Hickory

APPROVAL of 401 Water Quality Certifications with Additional Conditions

Dear Mr. Avram:

You have our approval, in accordance with the attached conditions and those listed below, to impact
0.006 acre of wetland in order to construct the Deepwood Subdivision in Catawba County, as described in your
application received by the Division of Water Quality (DWQ) on July 14, 2005. After reviewing your application,
we have determined that this project is covered by Water Quality General Certification Number 3402, which
can be viewed on our web site at http://h20.enr.state.nc.us/ncwetlands.This General Certification allows you
to use Nationwide Permit Number 39 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. 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.

3. 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.

4. 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, andlor 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.

N~~hCarolina
/Vlllllrnll!/

North Carolilla Division of Water Quality 610 East Ccntcr Avc., Suitc 301 Mooresvillc, NC 28115 Phonc [phone]
Intemet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/1 0% Post Consumer Paper

Customcr Scrvice
1.877-623-6748
I
I

5. 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.

6. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and
waters or areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in
place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample
deed notification format can be downloaded from the 401/Wetlands Unit web site at
http://h20.enr.state . nc. us/ncwetlands.

7. 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.

8. Continuing Compliance. European Development & Management 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 European Development & Management 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
European Development & Management 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. Barry Love 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
Central Files
Chris Bulza

Triage Checl{ List

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Project Name: Deepwood SD do European
Craftsmanship Corp.
DWQ#: 05-1326
County: Catawba

Date:

7/19/05

To: Alan Johnson, Mooresville Regional Office

60-day Processing Time: 7/14/05 - 9/12/05

From: Cyndi Karoly Telephone: [phone]

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

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

Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested 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!

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20051328

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; ATlANTIC PlAN ENGINEERING CORPORATION

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Date: July 12,2005

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To: Division of Water Quality
401 Wetlands Unit
1650 Mail Servicc Centcr
Raleigh, NC 27699-1650

1(~CEIVED

Re: Deepwood Subdivision

To Whom It May Concern:

Encloscd is a Pre-Construction Notification Application for thc abovc rcfcrcnced projcct as wcIl
as a check in the amount of $200.00

If you should have any questions, please caIl my office at [phone].

Thank you,

cc: Amanda Joncs/Corp of Enginccrs

~~@~ow~ ~

JUL 1 4 2005

DENR . WATER QUALITY
WETlANDS AND STORI.IW^TER BRANCH

PO Box 1691
Hickory, NC 28603

[phone] [phone] Fax
[e-mail]

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Office Use Only:

Fonn Version May 2002
2005132 6

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

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

Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ

2. Nationwide, Regional or General Pernlit Number(s) Requested: Nationwide 39

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

4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verifY availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: D

II.

Applicant Information

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

~~@~D\Yl~@

JUl 1 4 2005

1. Ownerl Applicant Information
Name: European Development & Management DENR - WATER QUALJn'
Mailing Address: 2934 West Lake \\'ElWIOSN/OSTORMWATERBRNJCH
Chicago, IL 60612

Telephone Number: [phone]
E-mail Address:

Fax Number: [phone]

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 Bulza
Company Affiliation: Registered Agent
Mailing Address: 381 Lake Forest Drive
Tavlorsville, NC 28681

Telephone Number: [phone]
E-mail Address:

Fax Number: [phone]

Page5of5

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 rclation 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 fuJI-size plans. If fuJI-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be inforn1ed that
the project has been placed on hold until decipherable maps are provided.

1. Name of project: Deepwood

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

3. Property Identification Number (Tax PIN): 371419722351

4. Location
County: Catawba Nearest Town: Hickory
Subdivision name (include phasellot number):
Directions to site (include road numbers, landmarks, etc.): Take NC 127 North through
Hickory. Turn right onto 29th Ave., Dr.. NE. Turn left on 16th S1.. NE (Sandv Ridge Rd)
site is 1200' on right

5. Site coordinates, if available (UTM or Lat/Long): N350 46.03' W8lo 18.03'
(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): 7.07 acres

7. Nearest body of water (stream/river/sound/oceanllake): Unnamed tributary to Snow Creek

8. River Basin: Catawba
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.1'1lr.statc.nc.us/admin/m,lps/.)

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Undeveloped residential area

Pagc6of6

10. Describe the overall project in detail, including the type of equipment to be used:
Construct roadway and level areas for house construction.
Equipment to be used for proiect: bulldozers. backhoes. dump trucks and motor graders.

11. Explain the purpose of the proposed work: Create roadway for residential lots.

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, streanl 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 /1-\
,

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.
No further activity is anticipated after this proiect is completed.

VI. Proposed Impacts to Waters of the United StateslWaters 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 arc 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

I. Provide a written description of the proposed impacts:

Fill within a wetland area.

2. Individually list wetland impacts below:

Wetland Impact Area of Located within Distance to
Site Number Type of 1mpact* Impact 100-year Floodplain** Nearest Stream Type ofWetland***
(indicate on map) (acres) (yes/no) (linear feet)
1 Fill 0.006 No 60 Forested Wetland

*

List each impact separately and identify temporary impacts. Impacts inelude, but arc not limited to: mechanized elearing, grading, fill,
excavation, llooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and llooding.
100- Y car lloodplains arc identified through the Federal Emergency Management Agency's (FEMA) Flood [nsuranee Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at [-800-358-9616, or
online at IWI':!/1I II II. k:lll'Ll:~.
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: 0.006
Total area of wetland impact proposed: 0.006

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

Stream Impact Length of A verage Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)

*

List each impact separately and identify temporary impacts. Impacts include, but arc not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and llooding), relocation (include linear feet before and aller, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gab ions, etc.), excavation, ditching/stmightening, etc. [f stream re[oeation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streanlS 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 arc available through the USGS at 1-800-358-96[6, or online at
II II \\.lI"cS.~(l\,. Several internet sites also allow direct download and printing of USGS maps (e.g., 1~1_,-,-.h\Pll/l,-l!,~Ill,
~~"l!.:JI'-'JIJ,:-Lc<'>I!1, etc.).

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

t--.I J A
,

Page 8 of 12

4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:

Opcn Water Impact Area of Name of Water body Type ofWatcrbody
Site Numbcr Type of Impaet* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on maD) (acres) bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts ineludc, but arc not limited to: fill, excavation, dredging,

flooding, drainage, bulkheads. cte.

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, thc proposed pond should
be described hcre and illustrated on any maps included with this application.
Pond to bc created in (check all that apply): D uplands D streanl D wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N I A
I

Proposed use or purpose of pond (c. g., livestock watering, irrigation, aesthetic, trout pond,
local stormwatcr requirement, etc.):

Size ofwatcrshed draining to pond:

Expected pond surface area:

VII. Impact Justification (Avoidance and Minimization)

Specifically describc 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 alternativc, lower-impact
site layouts, and explain why these design options werc not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
teclmiques to be followed during construction to reduce impacts.
Due to zonin~ requirements on lot sizes and the dimensions ofthc site. Thc wetlands arc
located within the excavation limits of the roadway.

VIII. Mitigation

DWQ - In accordancc 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 greatcr than or equal to 150 linear fcet of total impacts to percnnial
streams.

Page 9 of 12

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Registcr 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 projcct, 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 currcnt guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
lilll'>l, h2l) .~n 1'. stIle. nl.: .Ils/nl.:\ \ d I a ndsist 1'111 ",ide. h t 1111.

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 dircctions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear fcet)
of mitigation proposed (rcstoration, enhanccmcnt, creation, or prescrvation), 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 necded.
'" /A
,

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
(9 I 9) 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 h!.!p://h2o.en1'.stak.llc.lls/\\rp/indc.\:.htlll. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following infonnation:

Amount of streanl mitigation requested (linear feet): tV/A
Amount of buffer mitigation requested (square feet): MIA
Amount of Riparian wetland mitigation requested (acres): NIA
Amount of Non-riparian wetland mitigation rcquested (acrc;): NIA.
Amount of Coastal wetland mitigation requested (acres): IV fA I
I

Page IO of 12

IX. Environmental Documentation (required by D'VQ)

Does the project involve an expenditurc of public (federal/state) funds or the usc of public
(federal/state) land?
Yes D No ~

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

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

X. I)roposed Impacts on Riparian and Watersbed Buffers (required by DWQ)

It is the applicant's (or agent's) rcsponsibility to determine, delineate and map all impacts to
requircd 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 bc listed herein,
and must bc clearly identifiable on the accompanying sitc plan. All buffers must be shown on a
map, whether or not impacts arc proposed to thc buffers. Correspondencc from the DWQ
Regional Office may be included as appropriate. Photographs may also bc 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 D No ~ If you answercd "yes", provide the following information:

Identify the square feet and acreagc 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.

Zonc* Impact Multiplicr Required
(square fect) Mitigation
1 3
2 1.5
Total

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

Page 11 of 12

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

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.
Existing impervious area is 0 acres. Proposed impervious acreage will be approx. 2 acres.

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.
Sewer from this project is collected by gravity feed lines tied into the City of Hickory
collection system.

XIII. Violations (required by D'VQ)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes D No [8]

Is this an after-the-fact permit application? .
Yes D No [8]

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 ofthc applicant's control).

~~ . 'i-fO?

Appli fA c s Signature Date
(Agent's signature is valid only if an authorization lctter from the applicant is provided.)

Page 12 of 12

.'

EDM

European Development & Management
2934 W. Lake Street. OUcago IL. 60612

May 4. 2005

To Whom It May Concern:

This is to authorize Cristian Bulza of 381 lake Forest Dr, Taylorsvilfe, NC 28681,
828.217.2842 to act as an agent for European Development & Management
Corporation for development of the property on 29m Avenue and Sandy Ridge
Road, Hickory, NC.

,/a~(k

Marian Avram
President

criSfi~
Agent

~.-

Office: 773.265.8700

Fax [phone]

950 ft Scale: 1 : 24,000 Detail: 13-0 Dabll: la84
e, € m.c l..€.H € J..\

I I

I J ( . I

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ilc_..iLi L.:

Office Use Only:

Form Version May 2002

20051326

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

I. }lrocessing

1. Check all of the approval(s) requested for this project:
[8J Section 404 Permit 0
o Section 10 Permit 0
o 401 Water Quality Certification

Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ

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

3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: 0

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: 0

5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: 0

1. Owner/Applicant Information
Name: European Development & Management
Mailing Address: 2934 West Lakc
Chicago, IL 60612

~~@~DW~~

JUL 1 4 2005

II.

Applicant Information

DENR . WATER QUALllY
\ytJI..ANDSAND SlORMVi'A11:H lJKANCH

Telephone Number: [phone]
E-mail Address:

Fax Number: [phone]

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 Bulza
Company Affiliation: Registered Agent
Mailing Address: 381 Lake Forest Drivc
Taylorsville. NC 28681

Telephone Numbcr: [phone]
E-mail Address:

Fax Number: [phone]

Page 5 of5

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
boundarics outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the propcrty is clearly defincd. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than II by 17-inch fonnat;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of thc 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. Namc of project: Deepwood

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

3. Property Identification Number (Tax PIN): 371419722351

4. Location
County: Catawba Ncarcst Town: Hickory
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc,): Take NC 127 North through
Hickory. Turn right onto 29th Ave.. Dr.. NE. Turn left on 16th St., NE (Sandy Ridge Rd)
site is 1200' on right

5. Site coordinates, if available (UTM or Lat/Long): N350 46.03' W810 18.03'
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinatcs for each crossing of a distinct waterbody.)

6. Property size (acres): 7.07 acres

7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to Snow Creek

8. River Basin: Catawba
(Note - this must be one of North Carolina's seventecn designated major rivcr basins. The
River Basin map is available at http://h2o.cnr.state.nc.us/admin/mups/.)

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Undeveloped residential area

Page 6 of6

10. Describe the overall project in detail, including the type of equipment to be used:
Construct roadwav and level arcas for housc construction.
Equipment to be used for projcct: bulldozers. backhoes. dump trucks and motor graders.

11. Explain the purpose of the proposed work: Create roadway for residential lots.

IV. Prior Project History

If jurisdictional determinations and/or pennits have becn requested and/or obtaincd for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Numbcr, application datc, and date permits and
certifications were issued or withdrawn. Provide photocopics of previously issued pemlits,
certifications or other uscful infonnation, Describc previously approved wetland, streanl 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.
No further activity is anticipated after this project is completed.

VI. Proposed Impacts to Waters of the United StateslWaters of the State

It is the applicant's (or agent's) responsibility to dctermine, 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 (intermittcnt and perennial) must be shown on a
delineation map, whether or not impacts are proposcd to these systems, Wetland and stream
evaluation and dclineation forms should be included as appropriate. Photographs may bc
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Scction VIII below. If additional space is needed for
listing or description, please attach a separate sheet.

Page 7 of 12

I. Provide a written description of the proposed impacts:

Fill within a wetland area.

2. Individually list wetland impacts below:

Wetland Impact Area of Locatcd within Distance to
Site Numbcr Typc of Impact* Impact 100-ycar Floodplain** Ncarest Stream Type ofWetland***
(indicate on map) (acres) (yes/no) (lincar fcet)
1 Fill 0.006 No 60 Forcstcd Wetland

*

List each impact separately and identify temporary impacts. Impacts include, but arc not limited to: mechanized clearing, grading, fill,
cxeavation, Hooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
100-Ycar floodplains are identified through the Federal Emcrgency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved loeallloodplain maps. Maps arc available through the FEMA Map Scrviee Centcr at 1-800-358-9616, or
online at httrr/!www,rel11:!.eov.
List a wetland typc that best describes wetland to be impacted (c. g., freshwater/saltwatcr marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate ifwctland is isolated (detcrmination of isolation to be made by USACE only).

**

***

List the total acreage (estimated) of all existing wetlands on the property: 0.006
Total area of wetland impact proposed: 0.006

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

Stream Impact Length of A vcrage Width Perennial or
Site Number Type of Impact* Impact Strcam Namc** of Stream Intcnnittcnt?
(indicate on map) (linear feet) Before Impact (plcase specify)

List caeh impact scparately and idcntify temporary impacts. Impacts include, but are not limitcd to: culverts and assoeiatcd rip-rap,
dams (separatcly list impacts duc to both structure and llooding), relocation (include linear feet bcfore and aller, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gab ions, cte.), cxeavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated strcams must be includcd.
** Stream names can bc found on USGS topographic maps. If a streanl has no namc, list as UT (unnanlcd tributary) to the nearcst
downstrcam named stream into which it flows. USGS maps arc available through the USGS at 1-800-358-9616, or online at
\\\\\\.lI'('5,l'.OV. Several intcrnet sites also allow direct download and printing of USGS maps (e.g., \\\\W,topOl(ln':,COl11,
\\\\W,l11:IP<lU.:,t.COl11, cte.).

*

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

N/A
t

Pagc 8 of 12

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 Arca of Name ofWatcrbody Typc of Water body
Site Numbcr Type of Impact* Impact (lake, pond, estuary, sound,
(indicate on map) (acres) (if applicable) bay, occan, etc.)

*

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

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

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 Minimizution)

Specifically describe measures taken to avoid thc proposed impacts. It may bc 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 cxplain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicablc, discuss construction
techniques to bc followed during construction to reducc impacts.
Due to zoning requirements on lot sizes and the dimensions of the site. The wetlands are
located within the excavation limits of the roadway.

VIII. Mitigation

DWQ - In accordance with I5A NCAC 2H .0500, mitigation may bc rcquircd by thc 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 lincar feet of total impacts to perennial
streams,

Page 9 of 12

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.

If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing, Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h20.cnr.state.nc.us/ncwctlands/strlll!.!i dc. h t III I,

I. 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.
Hill

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN, For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://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 strcam mitigation requested (linear feet): tX/A
Amount ofbufTer mitigation requested (square feet): NIl4
Amount of Riparian wetland mitigation requested (acres): NIA
Amount of Non-riparian wetland mitigation requested (acres):' NIA
Amount of Coastal wetland mitigation requested (acres): N/A I

Page 10 of 12

IX. Environmental Documentation (required by DWQ)

Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal! state) land?
Yes D 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 (NEP AlSEP A)?
Note: If you are not sure whether a NEP AlSEP A document is required, call the SEP A
coordinator at [phone] to review current thresholds for environmental documentation.
Yes 0 No 0

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

X. IJroposed 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 (Randlcman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes 0 No ~ If you answered "yes", provide the following information:

IdentifY the square feet and acrcage 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 Multiplicr Rcquired
(square fcct) Mitigation
1 3
2 1.5
Total

*

Zone I extends out 30 feet perpendieular from ncar bank of channel; Zone 2 extends an
additional 20 fcet from the edge of Zone I.

Page II of 12

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 thc Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
N/A
f

XI. Stormwater (required by DWQ)

Describe impervious acreage (both cxisting and proposed) versus total acreage on the site.
Discuss stomlwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Existing impervious area is 0 acres. Proposed impervious acreage will bc approx. 2 acres.

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.
Sewer from this proiect is collected by gravity feed lines tied into the City of Hickorv
collection system.

XIII. Violations (required by DWQ)

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

Is this an after-the-fact pemlit application?
Yes D No ~

XIV. Other Circumstances (Optional):

It is the applicant's responsibility to submit thc application sufficiently in advance of desired
construction dates to allow processing time fOf these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (c.g" draw-down schedules for lakes, datcs associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

~ 'i-?-o'5

APPli~S Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 12 of 12

EDM

European Development & Management
2934 W. L.1kc Street. Chicago IL. 60612

May 4. 2005

To Whom It May Concern:

This is to authorize Cristian BullO of 381 Lake Forest Dr, Taylorsville, NC 28681,
828.21 7.2842 to act as an agent for European Development & Management
Corporation for development of the property on 29111 Avenue and Sandy Ridge
Road, Hickory, NC.

,~~~(k

Marian Avram
President

CMtl~R

Agent

~.-

Office: 773.265.8700

Fax [phone]

2.d

0811-S92(El.l.l

')f.Jew

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EUROPEAN CRAFTSMANSHIP CORPORATION
NCDENR
Date Type Referenee
06/02/2005 Bill

Original AmI.
200.00

20051328

First Commercial Bank

6/2/2005

20563

Balance Duc Diseount
200,00
Check Amount

Paymcnt
200,00
200,00

~&@[gll\YJ&@

JUL 1 4 2005

~~~WATER QUALITY
STORMWATER BRANCH
200,00

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P.O. BOX 1691
HICKORY, N.C. 28603 e-mail [e-mail]
PH ON E: (828) 327 - 262 1 FAX: (828) 327 - 0931

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R[VI",i('NS 0:-,1).8 -')':" 0.3-(\ I:Y. 04--14'O~,)6-0:',..05, 06-20-05

DEEI) WOOl)

Atlalltic Plan Erlgilleering Corp.
P,O. BOX 1691
HICKORY, N.C. 28603 e-mail [e-mail]
PHONE: (828) 327 - 2621 FAX: [phone]

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