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North Carolina Department of Environment and Natural Resources

Alan W. Klimek, P.E. Director
Division ofWatcr Quality

October 17, 2005
DWQ# 05-1465
Cabarrus County

Mr. Keith Wayne
Park Creek, LLC
8819 Columbus Street
Davidson, NC 28036

Subject: Park Creek Site, Stormwater

Dear Mr. Wayne:

On September 21,2005 a 401 Water Quality Certification was issued for the Park Creek Site in
Cabarrus County. Condition #2 of the certification stated that a stormwater management plan must
be submitted to the Division of Water Quality for approval. Because this site is located in a WS
watershed which has specific guidelines for development, this condition does not apply.

If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office
at 704-663-1699.

Sincerely,

t) /?~ rf!;eaJ~^,

D. Rex Gleason, P.E.
Surface Water Protection
Regional Supervisor

cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
Tony Johnson, Cabarrus County
Central Files
Tamp Bandy

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North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone]
Internet h2o,enr.state,nc,us FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% RecycJed/l0% Post Consumer Paper

Customer Service
1-877-623-6748

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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 21, 2005
DWQ# 05-1465
Cabarrus County

Subject: Park Creek Site

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SEP 2 1 2005
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Mr. Keith Wayne
Park Creek, LLC
8819 Columbus Street
Davidson, NC 28036

APPROVAL of401 Water Quality Certification with Additional Condition
Dear Mr. Wayne:

You have our approval, in accordance with the attached conditions and those listed below, to fill 0.07
acre of wetland and 146 linear feet (If) of Park Creek in order to construct the Park Creek site project in
Cabarrus County, as described in your application received by the Division of Water Quality (DWQ) on August
8, 2005. After reviewing your application, we have determined that this project is covered by Water Quality
General Certification Number 3402, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Nationwide Permit Number
39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other
federal, state or local permits before proceeding with your project, including those required by (but not limited
to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations.

The above noted Certification will expire when the associated 404 permit expires unless otherwise
specified in the General Certification. This approval is only valid for the purpose and design that you described
in your application. If you change your project, you must notify us in writing, and you may be required to send
us a new application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter; and is thereby responsible for complying with all conditions.

In addition to the requirements of the certification, you must also comply with the following conditions:

1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.

2. A final written stormwater management plan shall be approved, in writing, by this Office prior to the
construction of any permanent facilities at the site (see #4 in certification). The stormwater facilities must be
designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of
Water Quality. Also, before any permanent building is occupied at the site, the facilities (as approved by this
Office) shall be constructed and operational, and the stormwater management plan (as approved by this
Office) shall be implemented. The structural stormwater practices as well as drainage patterns must be
maintained in perpetuity. No changes to the structural stormwater facilities shall be made without written
authorization from the Division of Water Quality

3. The base flow stream channel shall be maintained (reconstructed) immediately above and below the
proposed stream crossings. This may be accomplished through the construction of flood plain benches or
similar measures. These measures must be approved, in writing, by this office prior to constructi00.e .
NjifthCarohna
/Vil/llrnllll

North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Moorcsvi1le, NC 28115 Phone [phone]
Internet h2Mnr.state,nc,us FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paper

Customer Service
1-877-623-6748

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

5. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts are not
allowed shall be clearly marked (example- orange fabric ~encing) prior to any land disturbing activities.

6. Stormwater discharge structures at this site shall be constructed in a manner such that the potential receiving
streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the
stream banks.

7. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality. Please send photographs of
the upstream and downstream sides of each culvert site to document correct installation, along with the
Certificate of Completion form.

8. Continuing Compliance. The applicant (Park Creek, LLC) shall conduct all activities in a manner so as not to
contravene any state water quality standard (including any requirements for compliance with section 303(d)
of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ determines
that such standards or laws are not being met (including the failure to sustain a designated or achieved use)
or that state or federal law is being violated, or that further conditions are necessary to assure compliance,
DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with
such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the
certification, DWQ shall notify The applicant and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A
NCAC 2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be provided
to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of
the Clean Water Act, and shall also become conditions of the 404 Permit for the project.

If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.

This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.

Sincerely,

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for Alan W. Klimek, P.E.

Attachments

cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
Tony Johnson, Cabarrus County
Central Files
Tamp Bandy

"

Michael F. Easley, Governor

William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. KJimek, P.E. Director
Division of Water Quality

September 30, 2005

DWQ Project # 05-1465
CaballUs County

Mr. Keith Wayne
8819 Columbus Street
Davidson, NC 28036

Subject Property:

Park Creek Site
Park Creek [030711, 13-17-6-3-(2), WSII, HQW, Ca]

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. Wayne:

You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.07 acres of wetlands and 146 linear feet of streams for the purpose of
accessing high ground for development of residential subdivision lots at the subject property, as described
within your application dated July 29,2005, and received by the N.C. Division of Water Quality (DWQ)
on August 2, 2005. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use
Nationwide Permit(s) NW39 when issued by the US Army Corps of Engineers (USACE). In addition,
you should obtain or otherwise comply with any other required federal, state or local permits before you
go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge,
and other regulations. Also, this approval to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA
Permit.

This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
. certification and any additional conditions listed below.

The Additional Conditions of the Certification are:

Conditions of Certification:

I. Impacts Approved

The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:

N~ImCaroIina
;vlltllmll!l

401 OversighVExpress Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/lnlernel: htto://h2o,enr,state,nc,us/ncwetlands

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/I 0% Post Consumer Paper

Mr. Keith Wayne
Page 2 of3
September 30, 2006

"

Stream
404/CAMA Wetlands

Units) Plan Location or Reference
PCN
PCN

Sediment and Erosion Control:

2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:

a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.

3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/40 1 Pennit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;

4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project;

5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H,
Section .0500;

6. Deed Notifications - Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure compliance for future
wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the 40l/Wetlands Unit
web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project;

7. Written Stormwater Management Plan (Final Plan Needed)

A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Pennitting Unit
(2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the issuance of the 401

,

Mr. Keith Wayne
Page 3 of3
September 30, 2006

Water Quality Certification. The stormwater management plans shall be approved:'::. writing by
this Office before the impacts specified in this Certification occur per Condition No.4 in GC No.
3402. You have the option of using the Express Review Program for expedited approval of these
plans. If you propose to use the Express Review Program, remember to include the appropriate
fee with the plan. The stormwater management plan must include plans, specifications, and
worksheets for stormwater management facilities that are appropriate for the surface water
classification and designed to remove at least 85% TSS according to the most recent version of
the NC DENR Stormwater Best Management Practices Manual. These facilities must be
designed to treat the runoff from the entire project, unless otherwise explicitly approved by the
Division of Water Quality. Also, before any permanent building is occupied at the subject site,
the facilities (as approved by this Office) shall be constructed and operational, and the stormwater
management plan (as approved by this Office) shall be implemented. The structural stormwater
practices as approved by this Office as well as drainage patterns must be maintained in perpetuity.
No changes to the structural stormwater practices shall be made without written authorization
from the Division of Water Quality.

8. Construction Stormwater Pennit NCGOlOOOO

Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater pennit (NCGOlOOOO) administered by DWQ is automatically issued
to the project. This General Pennit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the pennit. If your project is covered by this
pennit [applicable to construction projects that disturb one (1) or more acres], full compliance
with pennit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this pennit and monitoring report forms may
be found at htto://h2o.enr.state.nc./ls/s/l/Forms Doc/lments.htm.;

9. Diffuse Flow (No Revi~w)

All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into a stream as identified within l5A NCAC 2B .0233 (5). If this is not
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen. This may require additional approval from this Office.

lO. Culvert Installation

Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall
be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly.

Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert. Therefore, you must provide plans with adequate details that indicate that the current
stability of the stream will be maintained or enhanced. You must receive written approval from this

Mr. Keith Wayne
Page 4 of3
September 30, 2006

Office for the above plans before the culvert(s) is installed. Culvert(s) must be inst~lledaccording
to approved plans.

,

Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.

The establislunent of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.

Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.

Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the 9401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.

Certificate of Completion:

11. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.

Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.

Violations of any condition herein set. forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.

If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.

i

Mr. Keith Wayne
Page 5 of3
September 30, 2006

This letter completes the review of the Division of Water Quality under Section 401 oftheC~an Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Alan Johnson in the DWQ Mooresville Regional Office at 704-663-1699.

Sincerely,

AWK/ijm

Enclosures:

GC 3402
Certificate of Completion

cc: Tamp Bandy, Wetland and Natural Resource Consultants, Inc., P.O. Box 224, Newton, NC 28658
USACE Asheville Regulatory Field Office
DWQ Mooresville Regional Office
DLR Mooresville Regional Office
File Copy
Central Files

Filename: 051465ParkCreekSite _Keith Wayne(Cabarrus)40 I

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Wetland and Natural Resource
Consultants, Inc.

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July 29, 2005

US Army Corps of Engineers
Attn: Ms. Amanda Jones
151 Patton Ave, Room 208
Asheville, North Carolina 28801-5006

Re: Latham Walters Engineering
Keith Wayne (Park Creek Site) - PCN Request
Cabarrus County, North Carolina

Dear Ms. Jones:

The purpose of this correspondence is to request that a Nationwide 39 Permit be issued for the
above referenced project. One road crossing and lot fill account for the one stream impact and two
wetland impacts on the property. The impacts do not exceed 1/10 of an acre of wetlands or 150
linear feet of stream. Agent authorization, JD request, and all other pertinent information were
received at your office on July 19, 2005. Your prompt consideration to this permit application is
appreciated. Feel free to call with any questions you may have.

Best regards,

~;:t:dy /37

Cc:

7 copies sent to:

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NC Division of Water Quality, Wetlands Unit
Attn: Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, North Carolina, 27604-2260

Newton Office
PO Box 224
Newton. NC 28658
828-465-3035
828-465-3050 fax

wnrinc.com

Clyde Office
217 Paragon Parkway. # 142
Clyde. NC 28721
828-648-8801
828-648-8802 fax

Needed Information for Jusidictional & Permit ReQuests:

Name, Mailing Address, Phone Number of Owner/Applicant

Phone:

Keith Wayne
Park Creek LLC
8819 Columbus St.
Davidson. North Carolina 28036
[phone]

Name:
Company:
Address:

Street Address of Project
6150. 6200. and 6401 Plum Road

Waterway
Park Creek

Basin
Yadkin

City
KannaDOlis

County
Cabarrus

Decimal Degree Coordinate Location of Project Site
35.5008261 N 80.7184393 W

USGS Quadrangle Name
KannaDolis 35080-D6-TF-024

Office Use Only:

Form Version May 2002

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

I. Processing

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

Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ

2. Nationwide, Regional or General Permit Number(s) Requested:---.l2.

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

4. Ifpayment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal ofPCN), complete
section VIII and check here: [g]

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

II. Applicant Information

1. Owner/Applicant Information
Name: Keith Wayne
Mailing Address: 8819 Columbus Street
Davidson. North Carolina 28036

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AUG 2 - 2005

Telephone Number: 704-938-8400
E-mail Address:

DENR WT"
Fax Number: \',EUro4~9~"i1868%~E~iJt,ANCH

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: Tamp Bandy
Company Affiliation: Wetland and Natural Resource Consultants. Inc.
Mailing Address: P.O. Box 224
Newton. NC 28658

Telephone Number: 828-302-3437
E-mail Address:[e-mail]

Fax Number:

828-465-3050

ill. 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 II 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.

I. Name of project: Park Creek Site

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

3. Property Identification Number (Tax PIN): 4684802681

4. Location
County: Cabarrus Nearest Town: Kannapolis
Subdivision name (include phase/lot number): ~ -,,, . .. . .
Directions to site (include road numbers, landmarks, etc.): From Kannapolis. head west on
Mooresville Road. Turn right on Tuckaseegee Road. Take a left on Plum Road. The
property will be on both sides of the road after passing over Park Creek.

1',A, ~ ""-Z

5. Site coordinates, if available (UTM or LatlLong):35.5008261 N 80.7184393 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): 200

7. Nearest body of water (stream/river/sound/oceanJlake): Park Creek

8. River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h20,enutate,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 50% open and 50% forested.
Two maior roads already exist on the property. and two pipelines intersect on the site.

10. Describe the overall project in detail, including the type of equipment to be used:
Bulldozers. trackhoes. and other grading equipment will be used to construct roads.
lots. and road crossings. Pipe will be installed where needed.

11. Explain the purpose of the proposed work:
The proiect will provide site access and ensure ability to reach high ground with the use of
road crossings. It will also provide an additional lot for construction.

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 ill 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 - J2.~~\U~J.c,.,{ "1/lqJo~

v. Future Project Plans

Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A

VI. Proposed Impacts to Waters of the United States/Waters of the State

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VITI below. If additional space is needed for
listing or description, please attach a separate sheet.

1. Provide a written description of the proposed impacts:
One road crossing accounts for one wetland impact and the one stream impact on the proiect.
The other wetland impact occurs from lot fill.

2. Individually list wetland impacts below:

Wetland Impact Area of Located wi thin Distance to
Site Number Type ofImpact* Impact IOO-year Floodplain" NcarcstStream TypeofWetland***
(indicate on map) (acres) (yes/no) (linear feet)
WL 1 road crossing .03 yes 100 floodplain
WL2 lot fill .04 yes 100 floodplain

,. List each impact separately and identify temporary impacts. Impacts include, but arc not limited to: mechanized clearing, grading, fIll,
excavation, l100ding, ditching/drainage, etc. For darns, separately list impacts due to both structure and llooding.
u IOO-Year l100dplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved locallloodplain maps. Maps are available through the FEMA Map &'fVice Center at 1-800-358-9616, or
online at http://\V\Vw.rcll1;L~o\'.
U. List a wetland type that best describes wetland to be impacted (e.g., trcshwatcr/saltwater marsh, lorested wetland, beaver pond,
Carolina Bay, bog, ctc.) Indicate if wetland is isolated (detcnnination of isolation to be made by USACE only).

List the total acreage (estimated) of all existing wetlands on the property: 1 ,6 acres
Total area of wetland impact proposed: 0.07 acres

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

Stream Impact Length of Average Width Perennial or
Site Number Type ofImpact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)
1 culvert 146 Park Crcck 12' perennial

*

List each impact separately and identifY temporary impacts. Impacts include, but arc not limited to: culverts and associatcd rip-rap,
darns (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement waIL 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.
Strc.1m names can be fOlUld on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps arc available through the USGS at 1-800-358-9616, or online at
W\\WUS~s,~ov. Several internet sites also allow direct download and printing of USGS maps (e.g., \\Ww.topozoncxom,
wwwmapqucstcom, etc.).

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

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

Open Watcr Impact Area of Name of Waterbody Typc ofWaterbody
Site Number Type ofImpact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on map) (acres) bay, ocean, etc.)
N/A N/A N/A N/A N/A

.

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

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

Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stonnwater requirement, etc.): N/ A

Size of watershed draining to pond: N/ A

Expected pond surface area:

N/A

VIT. Impact Justification (Avoidance and Minimization)

Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
infonnation related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Impacts are necessary to ensure access to highground and for the creation of an additional lot.
Wetland impacts do not exceed 0.1 acre. and stream impacts are less than 150 linear feet.

VIll. 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,encstate,nc.us/ncwetlands/strmgide,html.

1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Remaining 0.64 acres of wetlands within the floodplain of Park Creek will be preserved.
In addition. a minimum of 50' undisturbed buffers are to be maintained along remaining
reaches of Park Creek on the property. Stream mitigation of 146 linear feet is proposed
by purchase into EEP. We are awaiting response for EEP availability,

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h20.enutate,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):--HQ
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 (federaVstate) funds or the use of public
(federaVstate) land?
Yes D No ~

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

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

x. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.

Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify N/ A)?
Yes D 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.

Zonc* Impact Multiplicr Required
(sauarc fcet) Mitigation
1 N/A 3 N/A
2 1.5
Total

*

Zonc 1 extends out 30 feet perpendicular from ncaf bank of channc~ Zonc 2 extends an
additional 20 feet from thc edgc of Zonc 1.

Ifbuffer mitigation is required, please discuss what type of mitigation is proposed (Le., 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

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.
The impervious area for Park Creek Phase 2 is 5.67 acres (3500 s.f per lot assumed) in 51.121
acres. The percentage calculates to 10.5% impervious.

XII. Sewage Disposal (required by DWQ)

Clearly detail the ultimate treatment me~hods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Sewage will be disposed into the on site septic system.

Xill. Violations (required by DWQ)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes 0 No ~

Is this an after-the-fact permit application?
Yes 0 No ~

XIV. Other Circumstances (Optional):

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

Y~~0~ 0, ?J?i)p)

Applicant/A~t's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

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Location: 035.49942190 N 080.7175885. W
Caption: Latham Walters Engineering, Keith Wayne - Park Creek

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Triage Check List

8/5/05

Date:

Project Name: Park Creek Site for Keith Wayne
DWQ#: 05-1465
County: Cabarrus

To:

Alan Johnson, Mooresville Regional Office

60-day Processing Time: 8/2/05 - 9/30/05

From: Cyndi Karoly Telephone: [phone]

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

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

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

WH

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Wetland and Natural Resource
Consultants, Inc.

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July 29, 2005

US Army Corps of Engineers
Attn: Ms. Amanda Jones
151 Patton Ave, Room 208
Asheville, North Carolina 28801-5006

Re: Latham Walters Engineering
Keith Wayne (Park Creek Site) - PCN Request
Cabarrus County, North Carolina

Dear Ms. Jones:

The purpose of this correspondence is to request that a Nationwide 39 Permit be issued for the
above referenced project. One road crossing and lot fill account for the one stream impact and two
wetland impacts on the property. The impacts do not exceed 1/10 of an acre of wetlands or 150
linear feet of stream. Agent authorization, JD request, and all other pertinent information were
received at your office on July 19,2005. Your prompt consideration to this permit application is
appreciated. Feel free to call with any questions you may have.

Best regards,

d~ 13~_

Tamp Bandy or

Cc:

7 copies sent to:

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AUG 2 - 2005

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NC Division of Water Quality, Wetlands Unit
Attn: Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, North Carolina, 27604-2260

Newton Office
PO Box 224
Newton, NC 28658
828-465-3035
828-465-3050 Fax

wnrinc.com

Clyde Office
217 Paragon Parkway, # 142
Clyde, NC 28721
828-648-880 I
828-648-8802 Fax

Needed Information for Jusidictional & Permit Requests:

Name, Mailing Address, Phone Number of Owner/Applicant

Phone:

Keith Wayne
Park Creek LLC
8819 Columbus St.
Davidson. North Carolina 28036
[phone]

Name:
Company:
Address:

Street Address of Project
6150. 6200. and 6401 Plum Road

Waterway
Park Creek

Basin
Yadkin

City
Kannaoolis

County
Cabarrus

Decimal Degree Coordinate Location of Project Site
35.5008261 N 80.7184393 W

USGS Quadrangle Name
Kannaoolis 35080-D6-TF-024

Office Use Only:

Form Version May 2002

USACE Action ill No. DWQ No.
(If any particular item is not applicable to this projcct, please cntcr "Not Applicablc" or "N/ A".)

I. Processing

1. Check all of the approval(s) requested for this project:
~ Section 404 Permit 0
o Section 10 Pennit 0
~ 401 Water Quality C~rtification

Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ

2. Nationwide, Regional or General Permit Number(s) Requested:-.l2

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

4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal ofPCN), 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: 0

II. Applicant Information

1. Owner/Applicant Infonnation
Name: Keith Wayne
Mailing Address: 8819 Columbus Street
Davidson. North Carolina 28036

~[g@~D~1@ ill)

AUG 2 - Z005

DENR - WATER Gl;r',LiiY
WETlANDSNm STOi\f.:\\~~TcR bRANCH

Telephone Number: 704-938-8400
E-mail Address:_

Fax Number:

704-938-8680

2. Agent/Consultant Infonnation (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Tamp Bandy
Company Affiliation: Wetland and Natural Resource Consultants. Inc.
Mailing Address: P.O. Box 224
Newton. NC 28658

Telephone Number: 828-302-3437
E-mail Address:[e-mail]

Fax Number:

828-465-3050

ID. 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: Park Creek Site

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

3. Property Identification Number (Tax PIN): 4684802681

4. Location
County: Cabarrus Nearest Town: Kannapolis
Subdivision name (include phase/lot number): .1 -, ,"'"
Directions to site (include road numbers, landmarks, etc.): From Kannapolis. head west on
Mooresville Road. Turn right on Tuckaseegee Road. Take a left on Plum Road. The
property will be on both sides of the road after passing over Park Creek.

1'~ ~ck, ~-Z

5. Site coordinates, if available (UTM or LatfLong):35.5008261 N 80,7184393 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): 200

7. Nearest body of water (stream/river/sound/ocean/lake): Park Creek

8. River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h20.enr.state.nc.us/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 50% open and 50% forested.
Two maior roads already exist on the property. and two pipelines intersect on the site.

10. Describe the overall project in detail, including the type of equipment to be used:
Bulldozers. trackhoes. and other grading equipment will be used to construct roads.
lots. and road crossings. Pipe will be installed where needed.

11. Explain the purpose of the proposed work:
The proiect will provide site access and ensure ability to reach high Qround with the use of
road crossings. It will also provide an additional lot for construction.

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 ill 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 - p...~ \J4 ~f<,..I{ '1/1Q } O'S"

v. Future Project Plans

Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A

VI. Proposed Impacts to Waters of the United States/Waters of the State

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section vn 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:
One road crossing accounts for one wetland impact and the one stream impact on the proiect.
The other wetland impact occurs from lot fill.

2. Individually list wetland impacts below:

Wctland Impact Area of Located within Distance to
Site Number Type of Impact. Impact 100-year Floodplain** Nearest Stream Type ofWetland**.
(indicate on map) (acres) (yes/no) (linear feet)
WL I road crossing .03 yes 100 floodplain
WL2 lot fill .04 yes 100 floodplain

· List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, llooding, ditching/drainage, etc. For darns, separately list impacts due to both structure and flooding.
.. 100-Year lloodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FffiM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map &.TI'ice Center at 1-800-358-9616, or
online at httpJ/\\\\W IClI1:L ~ov.
... List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).

List the total acreage (estimated) of all existing wetlands on the property: 1. 6 acres
Total area of wetland impact proposed: 0.07 acres

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

Stream Impact Length of Average Width Pcrcnnial or
Sitc Number Type of Impact. Impact Stream Namc.. of Stream Intcnnittent?
(indicatc on map) (linear feet) Before Imoact (please specify)
I culvcrt 146 PaIk Creek 12' percnnial

List each impact ~-parately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
darns (separately list impacts due to both structure and flooding), relocation (include linear feet before and atler, and net loss/gain),
stabilization activities (cement wal1, 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 fOWld on USGS topographic maps. If a stream has no name, list as UT (wmamed tributmy) 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
wWWllsgsgOV. Several internet sites also allow direct download and printing of USGS maps (e.g., W\\wtopozone,colll,
wwWmapqllcstcom, etc.).

Cumulative impacts (lineardistance in feet) to all streams on site:~

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 Area of Name of Waterbody Type ofWaterbody
Site Number Type of Impact. Impact (if applicable) (lake, pond, estuary, sound,
(indicate on map) (acres) bay, ocean, etc.)
N/A N/A N/A N/A N/A

.

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

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

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 are necessary to ensure access to highground and for the creation of an additional lot.
Wetland impacts do not exceed 0.1 acre, and stream impacts are less than 150 linear feet.

VITI. Mitigation

DWQ - In accordance with 15A NCAC 2H .0500, ffiltIgation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.

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

If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h20,em.state,nc.us/ncwetlands/strmgide, html.

1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if off site), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Remaining 0,64 acres of wetlands within the floodplain of Park Creek will be preserved.
In addition. a minimum of 50' undisturbed buffers are to be maintained along remaining
reaches of Park Creek on the property. Stream mitigation of 146 linear feet is proposed
by purchase into EEP, We are awaiting response for EEP availability.

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP web site at http://h2o.encstate,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):-----HQ
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 (federaVstate) funds or the use of public
(federaVstate) land?
Yes 0 No ~

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

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

x. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.

Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify N/ A)?
Yes 0 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 Multiplier Required
(sauare feet) Mitigation
1 N/A 3 N/A
2 1.5
Total

*

Zonc 1 cxtends out 30 feet pc11X.'I1dicular from near bank of channel; Zonc 2 extends an
additional 20 feet from thc edge of Zonc 1.

lfbuffer 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 infonnation as
identified within 15A NCAC 2B .0242 or .0260.
N/A

XI. Stormwater (required by DWQ)

Describe impervious acreag,e (both existing and proposed) versus total acreage on the site.
Discuss stonnwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The impervious area for Park Creek Phase 2 is 5.67 acres (3500 s.f per lot assumed) in 51.121
acres. The percentage calculates to 10.5% impervious.

XII. Sewage Disposal (required by DWQ)

Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Sewage will be disposed into the onsite septic system.

Xill. Violations (required by DWQ)

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

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

XIV. Other Circumstances (Optional):

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

Y~?I3~.~ ?J??)P)

Applicant/Agertt's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

,
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Date: 6/2912005
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BER ACED AGC ING TO STANDARDS OF T NORTH
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1-800-632-4949 4 SHORING HALL B CCORDING OSHA ENCHING
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AVOID UTILITY DAMAGE
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LE TH = t0"
1 1PER CABARRUS COUNTY OMMENTS
REV. N0. S
16 07-A NORTHCROSS DRIVE
HUNTERSVILLE, NORTH CAROLINA 28078
7119105 [phone] FAX [phone]
DATE .
OWNER:
NOTE NO DISTURBANCE WTHIN RSOD
BUFFER EXCEPTAS SHOWN
8819 COLUMBUS STREET
DAVIDSON, NC 28036
[phone]
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PHASE ONE
IREDEL.L CO- PARK CREEK
CABARRUS co ARCHER RD
HILL SITE
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N.T.S.
1. TOTAL ACREAGE = 253.28 ACRES (FROM SURVEY).
2. DISTURBED AREA = f10.95 ACRES.
3. SURVEY INFORMATION PROVIDED BY THE MEL G. THOMPSON &
ASSOCIATES, KANNAPOLIS, NORTH CAROLINA.
4. TOPO INFORMATION FROM AERO -DYNAMICS, CORP. CHARLOTTE, NC
5. SEE SHEETS 3 & 4 FOR EROSION CONTROL DETAILS & DRAINAGE
SCHEDULE
6. THE PLAN APPROVAL IS BASED UPON THE EXIS71NG SITE CONDITIONS.
ADDITIONAL MEASURES MAY BE REQUIRED IF THE PROPOSED MEASURES CAN
NOT FUNCTION AS INTENDED.
7. THERE IS NO BORROW OR STOCKPILE AREAS PROPOSED AT THIS TIME
FOR GRADING OPERATIONS. THE SITE GRADING IS BALANCED.
MAINTENANCE PLAN
1. ALL EROSION AND SEDIMENT CONTROL MEASURES WILL BE CHECKED FOR
STABILITY AND OPERATION EACH WEEK AND FOLLOWING EACH RAINFALL.
2. SEDIMENT IS TO BE REMOVED FROM THE ROCK DAMS AND BASINS WHEN
STORAGE CAPACITY REACHES 509: GRAVEL IS TO BE CLEANED AND/OR
REPLACED WHEN THE SEDIMENT POOL NO LONGER DRAINS PROPERLY.
3. SEDIMENT IS TO BE REMOVED FROM SILT FENCE WHEN I T BECOMES
APPROXIMA TEL Y 0.5DEEP A T THE FENCE. THE SIL T FENCE WILL BE REPAIRED
AS NECESSARY TO MAINTAIN A BARRIER.
4. ALL DISTURBED AREAS ARE TO BE FERTILIZED, SEEDED AND MULCHED AS
NEEDED IN ACCORDANCE WITH THE SPECIFICATIONS.
CONSTRUCTION SEQUENCE/NOTES:
1. INSTALL STABILIZED CONSTRUCTION ENTRANCES/EXITS.
2. CLEAR AND GRUB AREAS REQUIRED FOR INSTALLATION OF EROSION
CONTROL DEVICES.
J. CONSTRUCT ALL TEMPORARY SEDIMENT TRAPS, ROCK DAMS & SEDIMENT
BASINS AS SHOWN.
4. INSTALL TEMPORARY DIVERSION DITCHES AND DIRECT THE RUNOFF TO THE
PROPOSED TEMPORARY SEDIMENT TRAPS, ROCK DAMS & SEDIMENT BASINS.
5. CLEAR, GRUB AND GRADE SITE AND INSTALL PROPOSED STORM DRAINAGE
STRUCTURES AND PIPES. INSTALL SILT FENCE INLET PROTECTION AROUND ALL
STRUCTURES. RIP RAP APRONS SHALL BE INSTALLED AT THE END OF PIPES
NO T L OCA TED WI THIN PROPOSED SEDIMEN T TRAPS. S TOP PIPES SHOR T A T
ROCK DAMS TO FILTER RUNOFF.
6. UPON APPROVAL OF ROAD SUBGRADE PROOFROLL, INSTALL STONE
SURFACE COURSE. PROOF STONE BASE AND UPON APPROVAL INSTALL
ASPHALT SURFACE,
7. BACK FILL CURBS > THEN PREP ALL DISTURBED AREAS FOR SEEDING.
8. SEED, FERTILIZE AND STRAW ALL DISTURBED AREAS, IN ACCORDANCE WITH
THE SEEDING SCHEDULE PROVIDED ON SHEET 4.
9. ONCE SITE IS STABILIZED AND UPON APPROVAL FROM CABARRUS COUNTY
EROSION CONTROL DEPARTMENT, INSTALL SILT FENCE AS SHOWN ON PLANS
BELOW THE SEDIMENT TRAPS, REMOVE THE SEDIMENT TRAPS AND FINISH
GRADING THE REMAINING LOTS. STABILIZED WITH SEED AND STRAW.
10. ONCE SEDIMENT TRAPS ARE REMOVED, INSTALL RIP RAP APRONS AT THE
END OF PIPES, WHERE APPLICABLE.
11, CONTRACTOR SHALL REMOVE ALL SILT FENCE ONLY AFTER A SUFFICIENT
STAND OF GRASS HAS BEEN ESTABLISHED.
PARK CREEK SUBDIVISION
PHASE 2
CABARRUS COUNTY, NORTH CAROLINA
EROSION CONTROL P
DATE:
MAY 2005 SHEET
SCALE:
1" = 1D0'
DRAWN BY:
JCP
CHECKED BY:
TDF
PROJECT NO:
2005.07
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TEMPORARY DIVERSION DITCH
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OUTLET PROTECTION
TEMPORARY SEDIMENT TRAP
PROPOSED SILT FENCE
LIMITS OF DISTURBED AREA
INLET PROTECTION
SEDIMENT TRAP DRAINAGE AREA
FILTER BERM
ROCK CHECK DAM
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N.T.S.
1. TOTAL ACREAGE = 253.28 ACRES (FROM SURVEY)
2. DISTURBED AREA = ±1095 ACRES.
PHASE ONE
'`PARK CREEK
SITE
III/
3. SUR VEY INFORMA TION PRO VIDED B Y THE MEL G. THOMPSON &
ASSOCIATES, KANNAPOLIS, NORTH CAROLINA.
4. TOPO INFORMATION FROM AERO—DYNAMICS, CORP. CHARLOTTE, NC
5. SEE SHEETS 3 & 4 FOR EROSION CONTROL DETAILS & DRAINAGE
SCHEDULE.
6. THE PLAN APPROVAL IS BASED UPON THE EXISTING SITE CONDITIONS.
ADDITIONAL MEASURES MAY BE REQUIRED IF THE PROPOSED MEASURES CAN
NOT FUNCTION AS INTENDED.
7. THERE IS NO BORROW OR STOCKPILE AREAS PROPOSED AT THIS TIME
FOR GRADING OPERATIONS. THE SITE GRADING IS BALANCED.
MAINTENANCE PLAN
1. ALL EROSION AND SEDIMENT CONTROL MEASURES WILL BE CHECKED FOR
STABILITY AND OPERATION EACH WEEK AND FOLLOWING EACH RAINFALL.
2. SEDIMENT IS TO BE REMOVED FROM THE ROCK DAMS AND BASINS WHEN
STORAGE CAPACITY REACHES 507 GRAVEL IS TO BE CLEANED AND/OR
REPLACED WHEN THE SEDIMENT POOL NO LONGER DRAINS PROPERLY.
3. SEDIMENT IS TO BE REMOVED FROM SILT FENCE WHEN I T BECOMES
APPROXIMA TEL Y 0.5DEEP A T THE FENCE. THE SIL T FENCE WILL BE REPAIRED
AS NECESSARY TO MAINTAIN A BARRIER.
4. ALL DISTURBED AREAS ARE TO BE FERTILIZED, SEEDED AND MULCHED AS
NEEDED IN ACCORDANCE WITH THE SPECIFICATIONS.
CONSTRUCTION SEQUENCE/NOTES:
1. INSTALL STABILIZED CONSTRUCTION ENTRANCES/EXITS
2. CLEAR AND GRUB AREAS REQUIRED FOR INSTALLATION OF EROSION
CONTROL DEVICES.
J. CONSTRUCT ALL TEMPORARY SEDIMENT TRAPS, ROCK DAMS & SEDIMENT
BASINS AS SHOWN.
4. INSTALL TEMPORARY DIVERSION DITCHES AND DIRECT THE RUNOFF TO THE
PROPOSED TEMPORARY SEDIMENT TRAPS, ROCK DAMS & SEDIMENT BASINS.
5. CLEAR, GRUB AND GRADE SITE AND INSTALL PROPOSED STORM DRAINAGE
STRUCTURES AND PIPES. INSTALL SILT FENCE INLET PROTECTION AROUND ALL
STRUCTURES RIP RAP APRONS SHALL BE INSTALLED AT THE END OF PIPES
NOT LOCATED WITHIN PROPOSED SEDIMENT TRAPS. STOP PIPES SHORT AT
ROCK DAMS TO FILTER RUNOFF.
6. UPON APPROVAL OF ROAD SUBGRADE PROOFROLL, INSTALL STONE
SURFACE COURSE. PROOF STONE BASE AND UPON APPROVAL INSTALL
ASPHAL T SURFACE.
7. BACK FILL CURBS , THEN PREP ALL DISTURBED AREAS FOR SEEDING.
8, SEED, FERTILIZE AND STRAW ALL DISTURBED AREAS, IN ACCORDANCE WITH
THE SEEDING SCHEDULE PROVIDED ON SHEET 4.
9. ONCE SITE IS STABILIZED AND UPON APPROVAL FROM CABARRUS COUNTY
EROSION CONTROL DEPARTMENT, INSTALL SILT FENCE AS SHOWN ON PLANS
BELOW THE SEDIMENT TRAPS, REMOVE THE SEDIMENT TRAPS AND FINISH
GRADING THE REMAINING LOTS, STABILIZED WITH SEED AND STRAW.
10. ONCE SEDIMENT TRAPS ARE REMOVED, INSTALL RIP RAP APRONS AT THE
END OF PIPES, WHERE APPLICABLE.
11. CONTRACTOR SHALL REMOVE ALL SILT FENCE ONLY AFTER A SUFFICIENT
STAND OF GRASS HAS BEEN ESTABLISHED.
400
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16507-A NORTHCROSS DRIVE
HUNTERSVILLE, NORTH CAROLINA 28078
[phone] FAX [phone]
OWNER:
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8819 COLUMBUS STREET
DAVIDSON, NC 28036
704 938-8400
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PARK CREEK SUBDIVISION
PHASE
CABARRUS COUNTY, NORTH CAROLINA
DATE:
2005
SHEET
zz
SCALE:
1 = 100'
DRAWN BY
JCP
`
.I�1���'Il�� ���1(��IL I�
CHECKED BY:
TDP
1
PER CABARRUS COUNTY OMMENTS
7/19/05
PROJECT N❑:„
2005,07
S
DATE