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HomeMy WebLinkAbout20051342 Ver 1_Complete File_20050718of \NATF9 ?1 191 r 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 September 14, 2005 DWQ# 05-1342 DWQ# 05-1631 Guilford County CERTIFIED MAIL: 7003 3110 0003 6489 8148 RETURN RECEIPT REQUESTED Mr. Wesley A. Sykes 621 Eugene Court, Suite 100 Greensboro, NC 27401 Dear Mr. Sykes: On September 13, 2005, the Winston-Salem Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality (DWQ), received information from Mr. Chris Huysman of Wetland and Natural Resource Consultants, Inc. concerning your applications for General 401 Water Quality Certifications to impact 0.278 acre of wetlands in the Lees Chapel Road residential development (DWQ# 05-1342) and 94 linear feet of perennial stream and 0.468 acre of wetlands in the Southern Webbing Mill residential development (DWQ# 05-1631). The Lees Chapel Road residential development is located between Lees Chapel Road and Byers Road, and the Southern Webbing Mill residential development is located on Southern Webbing Mill Road, in Greensboro, Guilford County. According to the information we have received, the U. S. Army Corps of Engineers will require that these two projects be merged into one project for the purpose of permitting under Section 404 of the Clean Water Act. Furthermore, the combined projects' proposed impacts to jurisdictional waters will require authorization by the U. S. Army Corps of Engineers through issuance of an individual permit. Therefore, the Division of Water Quality cannot issue General Water Quality Certifications for these impacts. Approval of these impacts by DWQ under Section 401 of the Clean Water Act will require issuance of an individual certification. In order that we may determine the scope and nature of the proposed impacts associated with the combined projects and the combined projects' compliance with 15A NCAC 2H .0500, please provide five (5) copies of the following information: 1. A plan view of the entire combined projects' site showing the delineation of all jurisdictional and isolated streams, wetlands, and impoundments located on the site. 2. An amended application fully listing and describing all proposed impacts to jurisdictional and/or isolated streams, wetlands, and impoundments that will occur as a result of the combined projects. Until the information requested in this letter is provided, I will request (by copy of this letter) that the U.S. Army Corps of Engineers place these applications on hold. Also, these applications will be placed on hold Noy` Carolina Naturally North Carolina Division of Water Quality Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone (919) 733-1786 FAX (919) 733-2496 2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet http//:h2o en r. state.nc.us/ncwetlands Customer Service Number: 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Mr. Wesley A. Sykes Page 2 September 14, 2005 for DWQ processing due to incomplete information (15A NCAC 2H .0507(h)). The processing of the amended application will begin when the requested information is received. Please be advised that if your proposed activity is subject to Section 404 of the Clean Water Act (33 U.S.C. 1344), you must also receive a Section 401 Water Quality Certification from the N. C. Division of Water Quality before you begin any work. Please send the requested information to Mr. Ian McMillan, N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650. If you have any questions, please contact Mr. Daryl Lamb, DWQ, Winston-Salem Regional Office, at (336) 771-4600 extension 293. Sincerely, Steve W. Tedder Regional Supervisor SWT/cdl cc: Mr. Todd Tugwell, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office Winston-Salem Regional Office Wetlands/401 Unit File Copy Central Files Mr. Chris Huysman, Wetland and Natural Resource Consultants, Inc., P. O. Box 224, Newton, NC 28658 ?? EP .? c,; 200a S C Z_" Triage Check List Date: 7/21/05 Project Name: Lees Chapel Road SD Cnpy DWQ#: 05-1342 FILE U County: Guilford Daryl Lamb, Winston-Salem Regional Office To: 60-day processing time: 7/18/05 - 9/16/05 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 1:1 Is the application consistent with pre-application meetings? Cumulative impact concern 1-1 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! 2nn? 342 Wetland and Natural Resource Consultants, Inc. :• :' July 13, 2005 Raleigh Regulatory Field Office US Army Corps of Engineers Attn: Ms. Andrea Wade 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 RE: Lees Chapel Road Development Brightwood, Guilford County, North Carolina Permit Application Ms. Wade LL FR@1201NIRR JUL 1 S 2005 DENR - WATER QUALITY 1'ji WiDS AND SToRMWATER BRANCH Attached is a Nationwide 39 permit application, requesting minimal wetland impacts in order to construct a housing development in Guilford County. This project consists of impacting .278 acres of wetlands in order to provide road crossings and ensure access to high ground. Please call me at 828 / 320-8120 if you have any questions regarding this application. Best regards, Chris Huysman Cc. Cyndi Karoly NC Division of Water Quality, Wetlands Unit 2321 Crabtree Blvd. Raleigh, North Carolina 27604-2260 Newton Office PO Box 224 Newton, NC 28658 828-465-3035 828-465-3050 Fax Clyde Office wnrinc.com 217 Paragon Parkway, # 142 Clyde, NC 28721 828-648-8801 1 828-648-8802 Fax' I JI;L-03-©n 11:21 AM WHRC EGRUM W-DE 'IND aSKC PAGE t3'_ a2346Z3fl3O P.02 t r i Y'datland and Nutur I Rabourca ?rL}{ Consultants, Inc.' -?' Dtaparr mnt of the Army Wilmington DI act, Corps of Engineers Attn: Ken Jolly, Chid Regulatory Civision PQ Brat 1890 Wilmington, N rth Carolinz, 20402-1090 -snd- NC Dirt:ion Water Cuality. Wetlands Unit Attn: Cyndl Ka oiy j 2321 Cr2btrae Ivd. Raleigh, North mrollna, 27602260 I, the currant do"r of the property identified bclvw, hereby audwrtze W9dxnd and NaturaJ Resource Con hams, In(-- to act on my behalf as my agent during the determination of regulated limits of waters and nds and processing of permits to impact Wetlands and Waters of the US that are regulated by th Clean Water Act And the Rlaars and Hariws Act F"ral and Kants are authorized to be on said property when accompanled by Wetland and Natural Ruou Contultants, inc, staff. 'Nathnd and tural Resource Cordulmnt7, inc. is authc rt=d to provide supplemental informatlon naeded for per it protesting at the rnquott of yta Corps or DWQ. Property Own / Applicant: A ??,Q id ?I k IS Street Address PO Box SS:? 1 ?= ?S ecu CaUr 4 Salk lug city, State. PLoda. Czr?c? how lJ?-0 3 1 Phone I Fax N ber 3 k2 - o- x (a.l 4 a.,e 3 3 UZ 1 r -vim} (rax p;,,) Pro}cctName: ?Z?S Cba?S? 3oa fltYel,oprurtnk ODOOCyZ3QCGoidOvON Property Str"J Address: 7-009 Lees C h a ?, e 1 tZ oa ! (street addre . ctty, State, zip) Owners I ApO nt Slgnature: i Data: 5- C rte, ? Pt] dac 724 w"nc.cvm 1 tax Newton. NC M Canton, NC =16 93A.4iSa03E J.?pi tC.340-3050 I 0-0-W-=2 Fw, Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. 2 3 3 5 1 3 4 2 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) L 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: 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 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: ? H. Applicant Information Owner/Applicant Information Name: See attached agent authorization ?' V D D Mailing Address: 1111`! v JUL 1 8 2005 DENR - WATER QUALITY Telephone Number: Fax Number: 14'ETLANDSMIDSTOWAVATERBU CH E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Anent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Chris Hu, sy man Company Affiliation: Wetland and Natural Resource Consultants Mailing Address: PO Box 224 11 South College Avenue Newton. NC 28658 Telephone Number: 828-320-8120 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: Lees Chapel Road Development 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 000004230000100004 4. Location County: Guilford Nearest Town: Brightwood Subdivision name (include phase/lot number): Lees Chapel Road Development Directions to site (include road numbers, landmarks, etc.): From Brightwood, take Southern Webbingmill Road north. Turn left to head west on Lees Chapel Road. The property will be on the left just past Byers Road. 5. Site coordinates, if available (UTM or Lat/Long):36.1424131 N 79.7623025 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): 26 7. Nearest body of water (stream/river/sound/ocean/lake): UT Jordan Branch 8. River Basin: Cape Fear (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 site is approximately 40% forested and 60% open fields. 10. Describe the overall project in detail, including the type of equipment to be used: The project entails the construction of roads. Bulldozers, trackhoes, and othergrading equipment will be used to clear the lots. 11. Explain the purpose of the proposed work: The project involves the construction of roads in order to ensure access to highground. 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 VL 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: Minimal wetland areas will be filled and graded for road crossings needed to access highground. Two culverts will be installed in the stream to likewise provide access to highground. 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (es/no) Distance to Nearest Stream (linear fdet) Type of Wetland*** 1 road crossing .24 no 60 headwater 2 road crossing .038 no 60 headwater • List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. '• 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at hllp://www.lcnta.L,,ov. List a wetland type that beat 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: .39 Total area of wetland impact proposed: .278 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) N/A 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: culverts and associated rip-tap, 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 stmants must be included. Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.uses.sov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.lopoxone.cont, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: N/A 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, bay, 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: fill, excavation, dredging, flooding, drainage, bulkheads, LU. 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 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 to streams and wetlands are minimal and necessary to access high round. 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://112o.enr.state.nc.us/ncwetlands/strm,,lde.fitm1. 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. N/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 (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 littp://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 M 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 I 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 (Meuse), 15A NCAC 2B .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* mp Impact feet) Multiplier Required 1 N/A 3 N/A 2 1.5 Total ' Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 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 XH. 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 XM. 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 X11V. 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). N/A I - 11? Applicant/Agent's SigAture Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) 16 ' N v u- 00 Lo 0 O 0 0 0 0 N G1 uU O O O O O O N O O O O O O C O O 0 %4 GUILFORD COUNTY, NORTH ( z 1 179 ° W I I I I 179.76 66 ° W I I I I 179.75 00 ° W I I I I F. - M%?;+'?? :,?'`I?II(t I ,?: P 41, ?•\ add-" NI. ??y{.4,f? 1 ;, ?? r ChM i9 X111 /? 1 /r ?r .1' ?ra `\1/ -? JI `^ III I .--,1\.,'11 i !.? 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I LA(EYIEYY.r1 ?) \ ?•_ / ? . , /o ( ,,-f--fir.,. ,. / ?? rJ, li 'Il '%r' .! • ?. 1\?° •?ti.,' :lI'l ?qn-. :?r?..r 1ri r"?,?, 1".; ? - ?p r .,•c+, )• ' \, ? i ??' ?i ?PAIZK I !? ' ` , ' ` ? U}S$ , ' 1? 1 -rr.'I'i?i'J / ?? U 11•' ? f ?_ a 797 1 - kin ? ??? ??V?•? ?I \1 ` '. 4. 1;; tl I? /, /C :: +` } °.??. Y • X82°' • (113pCi\ ? to • + ?? 'rte 1 fi?,??,;1/? ' .J•• ' s: i ` O 1 •+• 1 ? ''' I ,; / i /C1•/`^"nt" • Q : •? -.Y?^`tii .: • ?-' 1: • • J nt ;\ , / i/lj? .,\ _ i,. `'` I ? `. a? / ?._, Z t0 1 179.7833333' W I I I 1 179.7666666'W I I I I 179.7500000' W' I I I I Name: LAKE BRANDT (NC) Date: 6/24/2005 Scale: 1 inch equals 2000 feet Location: 036.1409750* N 079.7637062O W Caption: Jack Sykes - Lees Chapel Road Development DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Lees Chapel Road Date: May Applicant / Owner: Arnold Sykes County: Guilford Investigator: Huysman State: North Carolina Do normal circumstances exist on the site? Yes ® No[-] Community ID: forest Is the site significantly disturbed (Atypical situation)? Yes ? No ® Transect ID: Is the area a potential problem area? Yes E] No ® Plot ID:wetland (explain on reverse if needed) VEGETATION Dominant Plant Species Indicator Stratum Dominant Plant Species Indicator Stratum 1. Acer rubrum FAC tree 9. 2. Liriodendron tulipifera FAC tree 10. 3. Salix nigra OBL tree 11. 4. Comus amomum FACW+ sapling 12. 5. Liquidambar styraciflua FAC+ tree 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100 Remarks: HYDROLOGY ? Recorded Data (Describe In Remarks): Wetland Hydrology Indicators ? Stream, Lake, or Tide Gauge ? Aerial Photographs Primary Indicators: ? Other ? Inundated ® Saturated in Upper 12" ® No Recorded Data Available ? Water Marks ? Drift Lines Field Observations: ? Sediment Deposits ? Drainage Patterns in Wetlands Depth of Surface Water: 1 (in.) Secondary Indicators: ? Oxidized Roots Channels in Upper 12" Depth to Free Water in Pit: 1n.) ? Water-Stained Leaves ? Local Soil Survey Data Depth to Saturated Soil: 0=1 (in.) ? FAC-Neutral Test ? Other (Explain in Remarks) Remarks: Some ponding present in areas. SOILS page 2 Map Unit Name (Series and Phase): Wehadkee Drainage Class: Poorly drained Taxonomy (Subgroup): (Well Typic Fluvaquents Confirm Mapped Type? Yes ® No ? Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0=8 An 10YR 5/2 / silt loam 8-12 )s IOYR 5/2 yellow-red common/distinct silt loam Hydric Soil Indicators: ? Histosol Q Concretions ? Histic Epipedon C1 High Organic Content in Surface Layer in Sandy Soils ? Sulfidic Odor p Organic Streaking in Sandy Soils ? Aquic Moisture Regime ? Listed On Local Hydric Soils List C3 Reducing Conditions ? Listed on National Hydric Soils List ? Gleyed or Low-Chroma Colors ? Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes ® No ? Wetland Hydrology Present? Yes ® No ? Hydric Soils Present? Yes ® No E] Is the Sampling Point Within a Wetland? Yes ® No ? Remarks: DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Lees Chanel Road Date: May 2004 Applicant / Owner: Arnold Sykes County: Guilford Investigator: Huvsman State: North Carolina Do normal circumstances exist on the site? Yes ® No ? Community ID:pine forest Is the site significantly disturbed (Atypical situation)? ices ? No ® Transect ID: Is the area a potential problem area? Yes ? No ® Plot ID:highground (explain on reverse if needed) VEGETATION Dominant Plant Species Indicator Stratum Dominant Plant Species Indicator Stratum 1. Pinus strobus FACU tree 9. 2. Toxicodendron radicans FAC vine 10. 3. Acer rubrum FAC tree 11. 4. Liquidambar styraciflua FAC+ tree 12. 5. 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 15 Remarks: HYDROLOGY ? Recorded Data (Describe In Remarks): Wetland Hydrology Indicators ? Stream, Lake, or Tide Gauge ? Aerial Photographs Primary Indicators: ? Other ? Inundated ? Saturated in Upper 12" ® No Recorded Data Available ? Water Marks ? Drift Lines Field Observations: ? Sediment Deposits ? Drainage Patterns in Wetlands Depth of Surface Water: N/A (in.) Secondary Indicators: Depth to Free Water in Pit: N/A (in.) ? Oxidized Roots Channels in Upper 12" ? Water-Stained Leaves Local Soil Survey Data El Depth to Saturated Soil: N/A (tn. ) ?FAC-Neutral Test ? Other (Explain in Remarks) Remarks: I. . % SOILS page 2 Map Unit Name (Series and Phase): Cecil Drainage Class: Well drained Taxonomy (Subgroup): (CO Typic Kanhaphidults Confirm Mapped Type? Yes ® No ? Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0=6 Ap 7.5YR 5/4 / sandv loam 66=8 B 5YR 4/6 / sandy clay loam 8-15 Bt 2.5YR 4/8 / c Hydric Soil Indicators: ? Histosol ? Concretions ? Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soils ? Sulfidic Odor ? Organic Streaking in Sandy Soils ? Aquic Moisture Regime ? Listed On Local Hydric Soils List ? Reducing Conditions ? Listed on National Hydric Soils List ? Gleyed or Low-Chroma Colors ? Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes ® No E] Wetland Hydrology Present? Yes ? No Hydric Soils Present? Yes ? No Is the Sampling Point Within a Wetland? Yes ? No Remarks: F ; r 2 0 0 F 1 3 4 2 y? Z rr•• ?• Wetland and Natural Resource Consultants, Inc. July 13, 2005 Raleigh Regulatory Field Office US Army Corps of Engineers Attn: Ms. Andrea Wade 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 RE: Lees Chapel Road Development Brightwood, Guilford County, North Carolina Permit Application Ms. Wade i„ yr -i,! I a[g@[25w[g D? JUL 1 8 2005 DENR - WATER QUALITY t;,r1W4DS AND STORMWATER BRN ICN Attached is a Nationwide 39 permit application, requesting minimal wetland impacts in order to construct a housing development in Guilford County. This project consists of impacting .278 acres of wetlands in order to provide road crossings and ensure access to high ground. Please call me at 828 / 320-8120 if you have any questions regarding this application. Best regards, Chris Huysman Cc. Cyndi Karoly NC Division of Water Quality, Wetlands Unit 2321 Crabtree Blvd. Raleigh, North Carolina 27604-2260 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 Jr; tJoi 20dl' 1:: N 9=6 '?71 V-13'i9 EURUN W:.DE .;`!D •'4: LC NAGE 0'.7UL-0E-©n 11:21 AM wHRC 82846.rv3000 1°.02 ?i. Wetland and Natur I ?Ilenource Consultants, Inc. Daparmwt of a Army Wilmington D! trim Corps of Engineers Attn: Ken Jolly, Chid Regulatory Mvision PQ B= 1890 Wilmington, N r-th Carolina, 28402.18990 -and- NC Dhrisian Water Cuality. Wetlands Unit Attn: Cyndl Ka oiy_ 2321 Cmbtro© Ivd. Raleigh, North nrollna. 77644.2260 .' D' •J• I, the currant downer of the property Identined belew, htrrby aut wlze Wetland and Nvural Resource Con hancs, Inc, to act on my behalf as my agent during the deter urination of regulated limits of wattr3 and nds and processing of permits to impact Wedands and Waters of the US that are re julate <1 by th Clean Water Act end the Rivers and Harbors Act. Federal and rents are authorized to be on said property when accompanied by Wetland and Natural Rmur?e Consultants, Inc, staff. Wnthnd and turd Razourre Corauitonts, Inc. is audiort=d to provide wFoemntai information rnneded for per it processing at the request cf :h® Corps or DWQ. Property ow, I Appllant: A 011.0 ; d S v k ?. StruetAddrws f V [XJ7l. L C 1 -s?l J?e4Lt aUrr 1 JU 11z 1 `Vu City. State. Mp ode: CZ reu?? hp? f?1? ?-?{ 0 1 3 rlk Phone 1 Fax N leer, 3 icJ - o ?'- 1(A 1 ?t a,? 3 3 c? i• i' - Project Name: i_&es ka2:i 94o'd Otye',ern,,z&t - 0000Cy1300COIOOv061 Property Sty Address: 7-002 Leal Ch a ?e? K od d (strut addrem. cttty,, Stine, zip) Ownen 1 App( nt Sigr ature: Date: >io Sooc 124 wmirlcA= FO Box = Ne++ta1. NG =4 Canton. NC 71716 ?1ti.4tS.30IE g?+r?01 034 es 7050 1 0204464ZO2 Am Office Use Only: Fonn version May 2002 2005 1 342 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) L 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: 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 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: ? IL Applicant Information 1. Owner/Applicant Information p ??D Name: See attached assent authorization Mailing Address: JUL 1 $ 2005 1,'EWUS M DJSTT(;,1 XTER B O Telephone Number: 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 Mailing Address: PO Box 224 11 South College Avenue Newton, NC 28658 Telephone Number: 828-320-8120 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:. Lees Chapel Road Development 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 000004230000100004 4. Location County: Guilford Nearest Town: Brightwood Subdivision name (include phase/lot number): Lees Chapel Road Development Directions to site (include road numbers, landmarks, etc.): From Brightwood, take Southern Webbinnmill Road north. Turn left to head west on Lees Chapel Road The property will be on the left just past Byers Road. 5. Site coordinates, if available (UTM or Lat/Long):36.1424131 N 79.7623025 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): 26 7. Nearest body of water (stream/river/sound/ocean/lake): UT Jordan Branch 8. River Basin: Cape Fear (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 site is approximately 40% forested and 60% open fields. 10. Describe the overall project in detail, including the type of equipment to be used: The project entails the construction of roads. Bulldozers, trackhoes, and other iradingequipment will be used to clear the lots. 11. Explain the purpose of the proposed work: The project involves the construction of roads in order to ensure access to highgound. 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 VL 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: Minimal wetland areas will be filled and graded for road crossings needed to access hightround. Two culverts will be installed in the stream to likewise provide access to hhground. 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** 1 road crossing .24 no 60 headwater 2 road crossing .038 no 60 headwater ' List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. '• 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approval local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at littpl/www.lcma.sov. List a wetland type that beat describes wetland to be impacted (c.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: .39 Total area of wetland impact proposed: .278 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) N/A 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: culverts and associated rip-tap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net losstgain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightming, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usas.210v. Several interne-t sites also allow direct download and printing of USGS reaps (e.g., wvvw.topozone.com, www.ntapgucst_com. etc.). Cumulative impacts (linear distance in feet) to all streams on site: N/A 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, bay, 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: fill, excavation, dredging, flooding, drainage, bulkheads, de. 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 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 to streams and wetlands are minimal and necessary to access high r ound. 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://h2o.enr.state.nc.us/ncwetlands/strm7ide.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. N/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 (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/wrp/index.litm. 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 LX. 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 (Meuse), 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 Impact (square feet) Multiplier Required Mitigation 1 N/A 3 N/A 2 1.5 Total ' Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 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 2B .0242 or.0260. N/A XL 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 XH. 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 XM. 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 constriction 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). N/A 6 4W(3A?-? P - it 05--. Applicant/Agent's Signature) Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) 79•WI 1 179.7666°WI I 79.7500•WI ZD `° `? t ? + _ ,?J'`, l fit' <• - , a .d J +•II - 1 - vF1 ?. 8, ? cr) I t \ 1 `- .?'` ?.. „ { ,.? ?f- { r , . , ? \?? / II 1 . 1 ? "? I u % 51 '` b ' I ,•w ° .\'"' ;y21 k? - ? \ ! I ? , , . v ` 1 . f. ,• • ? 1 1.7 `:/ I1 J? \ /l I(, '•I .\• 11j1 /1 /,/ /•J/`/ Oy?•t ?„? ? ? 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I . _ J =: ^• : " tJ, •? ?;? ?\ - I 1.',? ;,' .. , '?? . n /°`, '?• A ? • • ??^?? _a r p =,Tr `-y?1//.?.i Ir:h I j . , , Id PAR , `- -?' ??i ? ? 1 1/; • ' /i ???\? 1t ??.h '?h 1 I ?\v/ I" 1 ` Q \ / .\ i hn •1 + ? j ? ' ? } l1 y \ •n,- ??/ 1 ., /?-• U , . ? `'1! . 1 '• ??c ! ? ??. `:?,? 1 J Bch-' hi. ; ?- •' Z Ll ) /• " KC? \'. Z '° r t`f ??t 1.? I • I -4.-/?. @ J. , / ? ;??\ j t ?! • ?? /? ;iT•:.' ? ? ! h j? -t Q ? ` y •' ~'' '+- , • //:\\ . ,./ \ ` J 1 s +? ?? co 17 j ? s , _ ? ?L 8*W I 179.7833333 • W I I I I 179.7666666" W' I ' 1 179.7500000 ° W I I I I I Name: LAKE BRANDT (NC) Date: 6/24/2005 Scale: 1 inch equals 2000 feet Location: 036.1409750°N 079.7637062O W Caption: Jack Sykes - Lees Chapel Road Development Irrc GUILFORD COUNTY, NORTH 16 N (Joins sheet 10) vile CeB2 A? .?? t }-#1 ? t?f? ?.?` , ter J'' J ,E • ? 1 {,f? r f t .'rt1) ??? ,t y e8Y ?,` j? ^? ` ?•??:.: ?_., ? .? ,(? ?, td 7 ?',,?.,' ? v - ,? ??s ?? 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S? .Cxs ' ,?I?y,??f. ?,??`? ?_?? v<? It .? Stj ???S 14;` tom' o4l 75 C, t , -r. - r,+ 4 T . "t ,? ,?tr Z S n' '' Yl ? r 1 IL Q7 9;?g=- o A ?c4+ f t -_s f'}??."s w ...`?.. .z t 1?}F j? yt-., s h •?y, J- ???' 4 J ??+ - +:tf. (f"??:_?? j. i' i.? - 1 ;9 f ?. i?? ? t ? ? 1•-D?'?t? ?? CeE b i.. 1 ?r ?` 3 ?y \ 5 1 LL 7i. J rf . t / - t YD +i7•?t f?. J x ? A?I1 r'??/ ?9'x ?v T? ??^ t _ p•?, I + W?' ' ti?Llif „?•._4' f'?S Z: 4 -_? '. d -" ? ty,? ? 1 •-?., wj {1Y ? ? ? F kr?13?\ ?; `si, t - ?? ? P 1 r I, ?? a V.ICY CL{ ?ic4 ?_ ?, - ?v yf{?pt'-.? ?? idk E?_ IF- n r •7r f?.?.?`? ., t'fL-.f {'.,+,' ??._} +. r /z`.: ????^..1?,!?l??r-.? ,'iS II?•- _ *fA•AM 1: le '' PI - t1?ji t r, O WL) I [[T (Joins sheet 22) DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Lees Chapel Road Date: May 2004 Applicant / Owner: Arnold Sykes County: Guilford Investigator: Huysman State: North Carolina Do normal circumstances exist on the site? Yes ® No ? Community ID: forest Is the site significantly disturbed (Atypical situation)? Yes ? No ® Transect ID: Is the area a potential problem area? Yes ? No ® Plot ID:wetland (explain on reverse if needed) VEGETATION Dominant Plant Species Indicator Stratum Dominant Plant Species Indicator Stratum 1. Acer rubrum FAC tree 9. 2. Linodendron tulipifera FAC tree 10. 3. Salix nigra OBL tree 11. 4. Comus amomum FACW+ sapling 12. 5. Liquidambar styraciflua FAC+ tree 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100 Remarks: HYDROLOGY ? Recorded Data (Describe In Remarks): Wetland Hydrology Indicators ? Stream, Lake, or Tide Gauge ? Aerial Photographs Primary Indicators: ? Other ? Inundated ® Saturated in Upper 12" ® No Recorded Data Available ? Water Marks ? Drift Lines Field Observations: ? Sediment Deposits ? Drainage Patterns in Wetlands Depth of Surface Water: 1 (in.) Secondary Indicators: [] Oxidized Roots Channels in Upper 12" Depth to Free Water in Pit: Lin.) ? Water-Stained Leaves ? Local Soil Survey Data Depth to Saturated Soil: 0=4 (in.) ? FAC-Neutral Test ? Other (Explain in Remarks) Remarks: Some ponding present in areas. SOILS page 2 Map Unit Name (Series and Phase): Wehadkee Drainage Class: Poorly drained Taxonomy (Subgroup): (We) Tvpic Fluvaquents Confirm Mapped Type? Yes ® No ? Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0_8 Ap IOYR 5/2 / silt loam 8_12 S IOYR 5/2 yellow-red common distinct silt loam / Hydric Soil Indicators: ? Histosol ? Concretions ? Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soils ? Sulfidic Odor ? Organic Streaking in Sandy Soils ? Aquic Moisture Regime ? Listed On Local Hydric Soils List ? Reducing Conditions ? Listed on National Hydric Soils List ? Gleyed or Low-Chroma Colors ? Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes ® No E] Wetland Hydrology Present? Yes ® No ? Hydric Soils Present? Yes ® No ? Is the Sampling Point Within a Wetland? Yes ® No ? Remarks: DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Lees Chapel Road Date: May 2004 Applicant / Owner: Arnold Sykes County: Guilford Investigator: Hussman State: North'Carolina Do normal circumstances exist on the site? Yes ® No[] Community ID:pine forest Is the site significantly disturbed (Atypical situation)? Yes El NO E] Transect ID: Is the area a potential problem area? Yes ? NO E Plot ID:ltighr*.round (explain on reverse if needed) VEGETATION Dominant Plant Species Indicator Stratum Dominant Plant Species Indicator Stratum 1. Pinus strobus FACU tree 9. 2. Toxicodendron radicans FAC vine 10. 3. Acer rubrum FAC tree 11. 4. Liquidambar styracrftua FAC+ tree 12. 5. 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 75 Remarks: HYDROLOGY ? Recorded Data (Describe In Remarks): Wetland Hydrology Indicators ? Stream, Lake, or Tide Gauge ? Aerial Photographs Primary Indicators: ? Other ? Inundated ? Saturated in Upper 12" ® No Recorded Data Available ? Water Marks ? Drift Lines Field Observations: ? Sediment Deposits ? Drainage Patterns in Wetlands Depth of Surface Water: N/A (in.) Secondary Indicators: Depth to Free Water in Pit: N/A (in.) ? Oxidized Roots Channels in Upper 12" ? Water-Stained Leaves ? Local Soil Survey Data Depth to Saturated Soil: N/A (in.) ? FAC-Neutral Test ? Other (Explain in Remarks) Remarks: SOILS page 2 Map Unit Name (Series and Phase): Cecil Drainage Class: Well drained Taxonomy (Subgroup): (Ce) Typic 1Gznhapludults Confirm Mapped Type? Yes ® No ? Profile Description; Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0=6 Ap 7.5YR 5/4 / sandy loam 66=8 B 5YR 4/6 / sandv clay loam 8-15 Bt 2.5YR 4/8 / c Hydric Soil Indicators: ? Histosol ? Concretions ? Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soils ? Sulfidic Odor ? Organic Streaking in Sandy Soils ? Aquic Moisture Regime ? Listed On Local Hydric Soils List ? Reducing Conditions ? Listed on National Hydric Soils List ? Gleyed or Low-Chroma Colors ? Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes ® No ? Wetland Hydrology Present? Yes ? No Hydric Soils Present? Yes ? No Is the Sampling Point Within a Wetland? Yes ? No Remarks: "'Eeglou'ri" lAlviiLL Phnnen 'Siirrion'' a, Wade and Aum?kl, P.A. cr.[Ra VAG--KI "M' roenalc,...?rtn??ua 1YS )KfpT IulY1fIT4 Nk wlv?s?w S L ? R 200 WATER QUALITY RiD STOE?11 o= u? 0O De o< ? V J = ? H O . 7t id xO h ? ?= O Co SO an ?s W K W W K z to J to mm =sm YR W vewlalaauu+a,w as a?amon DFAR ,Mll M%U ?- MeARMN Tmb !fww ?-won IQLItlYCR? rrNb Palo ftm ?s H 1 ? ) I - - ------------ "Cl91P6SI11 f ?`; r ? ??,\ \ 1 ? E",LS!' !LS" !l;ITTf ES0.'7kl I IV ?i I ? 'EngtiuiY m nc_ Ho sii:riorr,' 25 44 16 15 14 \ r., \ ?? 13 I I I ? 30 1 3i 3? 39 ? ?. ? i - JJ 34 35 36 37 3e - - \ E"JiT?TCU."SI ao \ C7^;? Q741 ,6 41 1 _ '? 49 11l I I 1 45 47. / D UL 1 8 2005 E 'R • WATER QUALITY lit 1 Ar'USTMAVATERBVXH I' M1 Lujc.. n0 : M1c IIFrbT A. IY7riTe Nk w.l_?d? ?f ; I I ? I j 1 1 I I i \?/ ? i ? I I 1 ? I ,I h ;?' J 1? I l I J ? 1 1 I / I \ T ' LtE , , ?, ! X59 ?, I I j A MIA= fNT? I 1 1Lt? CJ,7?ESR \ 1 \ ? I 1 Wralm I/ o= u? o? o? ? V J = f ? b ? O s xO in it =o =m Oa rs oe W W cc x ?p J a _ n 7e I`/1 1 , r 60 61 62 6B \? 6 175 76 I >`ll I I ?? / 96 ? b MRS ROV OICKEIVII OFTMMM QNfAMM 2M aW25 f ANW 511:3 ca"Dr. .MIL oft .K 13= RNla Swnh mmimmvsxm HA K#P IS[D e7lE?'71ES1ltYC6ND5A? awrrNa eea IW?QIU ''fifi JAN I le 2 0 0 5 1 3 4 2 Wetland and Natural Resource Consultants, Inc. July 13, 2005 Raleigh Regulatory Field Office P1,; jI U5 Army Corps of Engineers Attn: Ms. Andrea Wade i ? LU L 1 C- 6508 Falls of the Neuse Road, '5uite 120 Raleigh, North Carolina 27615 RE: Lees Chapel Road Development Brightwood, Guilford County, North Carolina Permit Application Ms. Wade R @10".1 IR 0 W R P JUL 1 8 2005 DENR - WATER QUALITY WETLANDSMO STORMMATER BRANCH i?r?2?-•. a• Attached is a Nationwide 39 permit application, requesting minimal wetland impacts in order to construct a housing development in Guilford County. This project consists of impacting .278 acres of wetlands in order to provide road crossings and ensure access to high ground. Please call me at 828 / 320-8120 if you have any questions regarding this application. Best regards, Chris Huysman Cc. Cyndi Karoly NC Division of Water Quality, Wetlands Unit 2321 Crabtree Blvd. Raleigh, North Carolina 27604-2260 Newton Office PO Box 224 Newton, NC 28658 828-465-3035 828-465-3050 Fax Clyde Office wndnc.com 217 Paragon Parkway, # 142 Clyde, NC 28721 828-648-8801 1 828-648-8802 Fax 07.'U8i'-, 0 d5 II: 3;s 62'75) 379 . JUL-On-O' 11:21 Art WHPC ELRUM w: DE 4d) AS_.Lt: PAGE 01 8234663000 P.02 ?lc I i Viatland and Natur I nebource Consuitants, Inc. DaRrtnunt of a Army Wilmington DI K-% Corps of Engineers Attn: Ken Jolly, hief ReguhtoryMvision FQ 13ox 1840 Wilmington, N ?h Carolina, 28402-1850 -wd- NC DhMlsion ater Quality, Wetlands Unit Attn: Cyndl Ka oly 2321 Crabtrea Ivd. Raleigh, Nerth arcl(na, 27604.2260 I, the currcnt downer of the property Identified Wow, hereby authQrt w Wedand and ls4wral Resource Con harm, Inc. to act on my behalf as my zgent during the determinstton of roYuhted limits of waters and nda and processing of permits to impact Wedatda and Waters of the US that are regulztat! by th Clean Water Act snd the Rivars and Harbors Act, F"ral mid St* Manta are authorized to be on said property when accompanlad by Wetland and Natural Rtwur?e Cwuulants, Inc, staff. Watbnd and ft?Wral Rozourre Cortsulmnts, Ina is authorized to provide supplemental information naedod for per?nlt processing at tho rtquait of the Corps or DWQ. Prcparty Own? p II,=nt_ r J AAp A C A Q d_ S y k es Stroetriddrosl p ? f"V LiYJI. 1 -? I Jul L ` F - aUr 1 , c JU 1 I"? t `UL? City. State. Z: Loda: Cz re-&& 0 3 1'k Phone I Fax N bey 3 3? ' } o'- (z l ft (? o.,r 3 1 ca T -' ? + n (tw. p Project Name: r? Lees Chia, cti boa Vtyei,?ru?LrLt• ?- aaooc4Z?QGGaioovaN Property Strce Address: 200 8 L e e S C_ h a a e 1 K ca C. Stag, zip) (street address, city Cwneri t App( nt S4rawre: . j Date: T• J ?-/ C Yew= Clnv - am prjk* ?a &=124 wminc ?m FO tax = Nr&wm NC NMI Canon, NC 79716 ana.ruaons col 03-40-3050 I t 34iY 0I lscc Office Use Only: Form Version May 2002 2 0 0 5 1 3 4 2 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) L 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: 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 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: ? H. Applicant Information Owner/Applicant Information Name: See attached agent authorization p ?' u V?7 D 12 Mailing Address: JUL 1 8 2005 DENR -WATER QUALITY Telephone Number: Fax Number: ``,'EU@SANDSTORMWATERBR " 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 Mailing Address: PO Box 224 11 South College Avenue Newton, NC 28658 Telephone Number: 828-320-8120 Fax Number: 828-465-3050 E-mail Address:wnrinc(iDaol.com M. 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: Lees Chapel Road Development 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 000004230000100004 4. Location County: Guilford Nearest Town: Brightwood Subdivision name (include phase/lot number): Lees Chapel Road Development Directions to site (include road numbers, landmarks, etc.): From BriQhtwood, take Southern Webbingmill Road north. Turn left to head west on Lees Chapel Road. The property will be on the left just past Byers Road. 5. Site coordinates, if available (UTM or Lat/Long):36.1424131 N 79.7623025 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): 26 7. Nearest body of water (stream/river/sound/ocean/lake): UT Jordan Branch 8. River Basin: Cape Fear (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://l12o.enr.state.ne.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 site is approximately 40% forested and 60% open fields. 10. Describe the overall project in detail, including the type of equipment to be used: The project entails the construction of roads. Bulldozers, trackhoes, and other grading equipment will be used to clear the lots. 11. Explain the purpose of the proposed work: The project involves the construction of roads in order to ensure access to highground. 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 VL 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: Minimal wetland areas will be filled and graded for road crossings needed to access hightround. Two culverts will be installed in the stream to likewise provide access to higharound. 2. Individually list wetland impacts below: Wetland Impact Site Nwnber (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (es/no) Distance to Nearest Stream (linear feet) Type of Wetland*** 1 road crossing .24 no 60 headwater 2 road crossing .038 no 60 headwater ' List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. " 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FUZW, or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at hUR//www.icma.uov. 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: .39 Total area of wetland impact proposed: .278 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please if ) N/A N/A N/A N/A N/A N/A - - -- r- i I List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.us"'s.aov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.toporone.com, www.map(Iuest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: N/A 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, bay, 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: fill, excavation, dredging, flooding, drainage, bulkheads, 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 (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 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 to streams and wetlands are minimal and necessary to access higharound. 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://h2o.enr.state.nc.us/ncwetlands/strm,,ide.litm1. 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. N/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 (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.litm. 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. 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 (Meuse), 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* Impact (square feet) Multiplier Required Mti ti on 1 N/A 3 N/A 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank- of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 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 2B .0242 or.0260. N/A XL 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 XH. 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 XM. 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 21 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). N/A OS Applicant/Agent's Signaturet Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) ZZ3 179. 33 ° W I I 1 1 179.766666 ° w 1 1 1 1 179.75 00 ° W I ' , - qty' y, - fit,. Il?.l?i .. , ?t? T. 17, } .??• . ' ? ? !- -: ? '??`. ,_.._-. .•;' :?' ?• '? ?l ` M ` t . , i //?i O - ? l _?' t( lr, 'J, / ChM/ ?I t I I/. ?.T' - ?\ ? ?? ?. irv J 8•?•. V?f??? ?? \`J rr /, .? ? °? ? / - , VC I _ I'.r_r.,•- /il .'? n?• I ? • '"' ? r' 'S9t ,o U//,1.--??,'?;r fir. I? /, ;, ;0 ?_•..• w,_, '?i //? I?J+=-?`'. is i2_`5(• / l ??? 'l ?' ?. ?? ;? +1 , • • . 71 Z S ? ' I I J ? 1 ?' / r 1 / l?`? . \\ a. T 1)/?=?/ ood LO ? .` 0''?? ?. ?? i I'?... . .?. ,.. 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', l t-; _ ' , y ?r .;A 8 *W t..,Ae; I 179.7833333'W 1 I ' 1 '79.7666666° W 1 1 I I 179.7500000°W' 1 Name: LAKE BRANDT (NC) Date: 6/24/2005 Scale: 1 inch equals 2000 feet Location: 036.1409750°N 079.7637062* W Caption: Jack Sykes - Lees Chapel Road Development e v F O ^ 0 0 Ln 0 0 0 0 O O N d A U N O O O N O O O m O O O C O O O GUILFORD COUNTY, NORTH C DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Lees Chapcl Road Date: May 2003 Applicant / Owner: Arnold Sykes County: Guilford Investigator: Huysman State: North Carolina Do normal circumstances exist on the site? Yes ® No ? Community ID: forest Is the site significantly disturbed (Atypical situation)? Yes ? No ® Transect ID: Is the area a potential problem area? Yes ? No ® Plot ID:wetland (explain on reverse if needed) VEGETATION Dominant Plant Species Indicator Stratum Dominant Plant Species Indicator Stratum 1. Acer rubrum FAC tree 9. 2. Liriodendron tulipifera FAC tree 10. 3. Salix nigra OBL tree 11. 4. Corpus amomum FACW+ sapling 12. 5. Liquidambar styracitlua FAC+ tree 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100 Remarks: HYDROLOGY ? Recorded Data (Describe In Remarks): Wetland Hydrology Indicators ? Stream, Lake, or Tide Gauge ? Aerial Photographs Primary Indicators: ? Other ? Inundated ® Saturated in Upper 12" ® No Recorded Data Available ? Water Marks ? Drift Lines Field Observations: ? Sediment Deposits ? Drainage Patterns in Wetlands Depth of Surface Water: 1 (in.) Secondary Indicators: ? Oxidized Roots Channels in Upper 12" Depth to Free Water in Pit: 1 iin.) ? Water-Stained Leaves ? Local Soil Survey Data Depth to Saturated Soil: 0-4 (in.) ? FAC-Neutral Test ? Other (Explain in Remarks) Remarks: Some ponding present in areas. SOILS page 2 Map Unit Name (Series and Phase): Wehadkee Drainage Class: Poorly drained Taxonomy (Subgroup): (We) 13Mic Fluvaquents Confirm Mapped Type? Yes ® No El Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 00=8 Ap 10YR 5/2 / silt loam 8-12 )s 10YR 5/2 yellow-red common/distinct silt loam / Hydric Soil Indicators: ? Histosol ? Concretions ? Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soils ? Sulfidic Odor ? Organic Streaking in Sandy Soils ? Aquic Moisture Regime ? Listed On Local Hydric Soils List ? Reducing Conditions ? Listed on National Hydric Soils List ? Gleyed or Low-Chroma Colors ? Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Is the Sampling Point Within a Wetland? Yes ® No E] Hydrophytic Vegetation Present? Yes ® No ? Wetland Hydrology Present? Yes ® No ? Hydric Soils Present? Yes ® No ? Remarks: DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Lees Chapel Road Date: May 2004 Applicant / Owner: Arnold Sykes County: Guilford Investigator: Huysman State: North Carolina Do normal circumstances exist on the site? Yes ® No ? Community ID:pine forest Is the site significantly disturbed (Atypical situation)? Yes ? No ® Transact ID: Is the area a potential problem area? Yes ? No ® Plot ID:highground (explain on reverse if needed) VEGETATION Dominant Plant Species Indicator Stratum Dominant Plant Species Indicator Stratum 1. Pinus strobus FACU tree 9. 2. Toxicodendron radicans FAC vine 10. 3. Acer rubrum FAC tree 11. 4. Liquidambar styraciflua FAC+ tree 12. 5. 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 75 Remarks: HYDROLOGY ? Recorded Data (Describe In Remarks): Wetland Hydrology Indicators ? Stream, Lake, or Tide Gauge ? Aerial Photographs Primary Indicators: ? Other ? Inundated ? Saturated in Upper 12" ® No Recorded Data Available ? Water Marks ? Drift Lines Field Observations: ? Sediment Deposits ? Drainage Patterns in Wetlands Depth of Surface Water: N/A (in.) Secondary Indicators: Depth to Free Water in Pit: N/A (in.) ? Oxidized Roots Channels in Upper 12" ? Water-Stained Leaves ? Local Soil Survey Data Depth to Saturated Soil: N/A (in.) ? FAC-Neutral Test ? Other (Explain in Remarks) Remarks: SOILS page 2 Map Unit Name (Series and Phase): Cecil Drainage Class: Well drained Taxonomy (Subgroup): (Cc) Typic Kanhapludults Confirm Mapped Type? Yes ® No ? Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0=6 Ap 7.5YR 5/4 / sandy loam 6-8 B 5YR 4/6 / sandv clav loam 8-15 Bt 2.5YR 4/8 / clay Hydric Soil Indicators: ? Histosol ? Concretions • Histic Epipedon El High Organic Content in Surface Layer in Sandy Soils ? Sulfidic Odor E] Organic Streaking in Sandy Soils ? Aquic Moisture Regime p Listed On Local Hydric Soils List ? Reducing Conditions ? Listed on National Hydric Soils List 0 Gleyed or Low-Chroma Colors ? Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes ® No ? Wetland Hydrology Present? Yes ? No Hydric Soils Present? Yes ? No Is the Sampling Point Within a Wetland? Yes ? No Remarks: I ;I ]a I I/ I ? 1 124 B3 21 2 i I V' IS 14 A ???? \ I / / 13 1 I 39 35 40 pQtul '\ ?? 2 I 1 ! i `Jl ?1 i 41 i I ' / 5? I ?I 56 r I11 sb %? . ? 53 , 2 ? III I ? ? ? I 1 O 5 - ! O S 45 44 43 42 I l I? ?? I 1 ??'? ?V 0151 i, I I X25 ? ? ? ?• ?; 'En Eio?ci?? Plrnnert Burum, W?J<?ed Anaiiuu, P.A. mE,,.rna?m ed...ncnalml I(11? nrll I:ab,F[Plal IL' n,t»u .an I..n7F?rnr 1 I ? ! I ILIIk»!lMGT ? 1 ? ? ? I I ? Ib?l Cp'AESR \ ti ? ? ? I 1 ! II?1 I?N.SR ?' ? ? ?? i ? ? / ? / I ,I I ? ? 69 , 17 lD / 74 ? ! 0 1 Sl ' SB I 7l i O O _ 60 bl 62 • i 63 , b? 65 67 68 ,\ \ 4 ! 75 76 1 I iI ?! `1 1 1 F I! 92 \ I 91 9 89 ;o obi , I?1 ?? I \ I 67 5 11177 ___j I-A 8 20oS rt__UC V- -IVer,._ H ?a 0 u? co cc O -C V ?x sbe b O t d 7%; C; = O =m 'O n 4- s W W Z b J r0 cNeRce i v.-mI „'12lQ u.a t2mwecmmsmw 61MIM tlM"CARl 7117 e" 7bOt1 Alarm MS OM an JIR ma Jelza+ gBova . ffs MMMADOM PILIa nxsxlmaaaluaen?eg aAmr." r•a PINfr7ra IU l 005 ie t ?4 6.R 'j. Wetland and Natural Resource -' Consultants, Inc. September 6. 2005 Mr. Todd Tugwcll US Annv Corps of Engineers 6508 Falls ofNeuse Road Suite 120 Raleigh, NC 27615 RE: Action ID No. 20021110 Dcar Mr. Tugwcll: _ ED, 0 V/ E-221, r'?kirfe''; :P+.1p!TOP,,, ',ii Reference is made to your August 30. 200-5 letter in \which you present your opinion that the Lees Chapel Road Development and the Southern Webbing Nlill Development are in fact a single and complete residential subdivision. You will be receiving under separate cover a letter from Sykes & Sykes of Greensboro. LLC. Based on our kno\ylcdgc of the applicable regulations we believe that your letter does not account for a determination that each of these projects has independent utility. Our determination for independent utility is based on the following; 1) each parcel was delineated independently on different timelines which reflects different purchase dates and intents. 2) each parcel has independent access to state roads. 3) each has access to existing sewer. 4) the parcels are not adjoined by a property line but rather are on opposing sides of existing state maintained roads. Once we found the projects to have independent utility we presented the projects such that they could be reviewed as separate single and complete residential subdivisions: barring discretionarv actions by vour office. None of the above information was included in the submittal because of our firm belief that the projects have independent utility. The statement "Your consultant has a great deal of experience... and should be aware that these two projects should have been submitted as a single and complete project..." does not reflect our experience and knowledge of Corps regulations that mandate the use of the following definition to determine a project's boundaries: ' b1dependent Utility: A test to determine what constitutes a single and complete project in tine Corps regulatory program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi-phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as a separate single and complete project with independent utility." We maintain that since each project (phase) could be constructed even if the other project (pleases) were not built they can be viewed as separate projects. You will receive a letter from Sykes and Sykes of Greensboro. LLC. the developer, which confirms the facts that we used to determine that the projects can be viewed as single and complete projects. We most certainly will consider any other information that you might have that would indicate otherwise. Newton Office PO Box 224 Newton, NC 28658 828-465-3035 828-465-3050 Fax wnnnc.com Canton Office PO Box 882 Canton, NC 28716 828-648-8801 828-648-8802 Fax For your information, while the project was under review by the NC Division of Water Qualitv we were asked to minimize our impacts in the vicinity of lots 73 and 74 on the Lees Chapel Road Development. We had expected a request for minimization of impacts as is mandated by the governing regulations and were evaluating alternatives when you called last week. This minimization could possibly bring the impacts to below the 0.5 acre threshold for Individual Permits. We believe that the intimated accusations made in vour letter arc not well founded and reflect haste to review and respond to the applications. It seems to us that your contemplated actions ignore allowances in the regulations that facilitate the Nationwide Permit process where independent utility can be demonstrated. Continuing this course without further discussion related to avoidance and minimization on both sites seems pre-mature. I look forward to meeting with you on September 12. 2005 when we can discuss these projects. Best regards, n n 1 ???, V w 1 4 ku Chris Huvsnian Copies Furnished: Nis. Cvndi Karoly NC Division of Water Quality. Wetlands/401 Unit 1650 Mail Service Center Raleigh. NC 27699-1650 Department of the Army Criminal Investigation Command 5000 Falls of Ncuse Road. Ste 406 Raleigh. NC 27609 Mr. Steve Galanti City of Greensboro Planning Department PO Box 3136 Greensboro. NC 27402-3136 Mr. Justin NicCorclc Assistant District Counsel Wilmington District US Army Corps of Engineers PO Box 1390 Wilmington. NC 23402-1890 Newton Office Clyde Office PO Box 224 wnrinc.com 217 Paragon Parkway, # 142 Newton, NC 28658 Clyde, NC 28721 828-465-3035 828-627-0051 828-465-3050 Fax 2 828-627-0052 Fax REPLY August 30, 2005 ATTENTION OF Regulatory Division Action ID No. 200521110 Messrs. Arnold and Wiley Sykes Sykes & Sykes of Greensboro, LLC 621 Eugene Court, Suite 100 Greensboro, NC 27401 Dear Messrs. Sykes: DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 0 51 50" W i ,, Reference is made to the Preconstruction Notification (PCN) application received in our office on July 15, 2005, submitted on your behalf by Mr. Chris Huysman with Wetland and Natural Resource Consultants, Inc., for Department of the Army (DA) nationwide permit authorization for impacts to 0.278 acre of wetland associated with the proposed construction of the Lees Chapel Road Development. Reference is also made to the PCN application received in our office on August 25, 2005, submitted by Mr. Huysman, which requests nationwide permit authorization for impacts to 0.468 acre of wetland and 94 linear feet of stream channel associated with the proposed construction of Southern Webbing Mill Development. The two subdivisions are situated on adjoining parcels of land south of Lees Chapel Road and west of Southern Webbing Mill Road, adjacent Jorden Branch in the Cape Fear River Basin, in Guilford County, North Carolina. Based upon a review of the proposed plans, it appears that the two sites are in fact being developed as single and complete residential subdivision. Furthermore, coordination with the City of Greensboro Planning Department indicates that the two projects were approved by the city as a single project known as Chapel Ridge Subdivision. A preliminary plan for the subdivision obtained from the City of Greensboro is enclosed for your reference. Your consultant has a great deal of experience with the Corps of Engineers regulatory program and should be aware that these two projects should have been submitted as a single and complete project, and we hope that these applications were not submitted separately in an attempt to avoid the individual permit process. You should be aware that knowingly submitting false information in a permit application is considered a fraudulent activity, and by copy of this letter we have notified the Department of the Army Criminal Investigation Command. Based upon information submitted in both permit applications, our calculations indicate that the total proposed impact to waters of the U.S. associated with the development of Chapel Ridge Subdivision include 0.746 acre of wetlands and 94 linear feet of stream channel. Nationwide Permit Number 39, which became effective on March 18, 2002, states that "the discharge does not cause the loss of greater than %2-acre of non-tidal waters of the U.S." Accordingly, the development activities proposed in your permit applications will require individual DA permit authorization (application enclosed). In preparing your individual permit application, please note that the DA and the U.S. Environmental Protection Agency (EPA) signed a memorandum of agreement (MOA) on February 6, 1990 that established procedures to determine the type and level of mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands through the selection of the least damaging, practical alternative; second, taking appropriate and practical steps to minimize impacts on waters and wetlands; and finally, compensating for any remaining unavoidable impacts to the extent appropriate and practical. To enable us to process your application in full compliance with this MOA, we request that you provide the following additional information: a. Permits for work within wetlands or other special aquatic sites are available only if the proposed work is the least environmentally damaging, practicable alternative. Please furnish information regarding any other alternatives, including both upland and off site alternatives, to the work for which you have applied and provide justification that your selected plan is the least damaging to water or wetland areas. Specifically, we need information regarding alternative site locations and designs that would result in reduced impacts to streams and wetlands, including alternative road crossing locations. b. It is necessary for you to have taken all appropriate and practical steps to minimize wetland losses. Please indicate all that you have done, especially regarding development and modification of plans and proposed construction techniques, to minimize adverse impacts. Such information would include an evaluation of roadway alignments that would reduce impacts by providing a more perpendicular crossing of the streams and wetlands on the site, and installation of retaining walls to reduce the reach of fill slopes. c. Finally, the MOA requires that appropriate and practical mitigation will be required for all unavoidable adverse impacts remaining after all appropriate and practical minimization has been employed, however no mitigation was proposed in either PCN application. Please indicate your plan to mitigate for the projected, unavoidable loss of waters or wetlands or provide information as to the absence of any such appropriate and practical measures. Alternatively, should you choose to revise your plans and reduce the total proposed impacts to wetlands to less than %i acre, you may resubmit your application to request nationwide permit authorization. Please note that as in paragraphs a, band c above, the project must be designed to avoid and minimize adverse effects to waters of the United State, and a mitigation plan must accompany the PCN application. 2 Please be reminded that issuance of DA authorization must precede any placement of excavated or fill material within any waters of the U.S. on your property. Should you have any questions regarding your application for DA permit authorization, please call Mr. Todd Tugwell with the Raleigh Regulatory Field Office at (919) 876-8441, extension 26. Sincerely, Jean B. Manuele Chief, Raleigh Regulatory Field Office Enclosure Copies Furnished (without enclosures): Ms. Cyndi Karoly North Carolina Department of Environment and Natural Resources Division of Water Quality Wetland/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Department of the Army Criminal Investigation Command 5000 Falls of the Neuse Road, Suite 406 Raleigh, NC 27609 Mr. Steve Galanti City of Greensboro Planning Department P.O. Box 3136 Greensboro, NC 27402-3136 Mr. Justin McCorcle Assistant District Counsel Wilmington District U.S. Army Corps of Engineers Post Office Box 1890 Wilmington, NC 28402-1890 3