20040355 Ver 1_Complete File_20040310

'JV Oichael F. Easiey, vovemor
\O?? 9QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
O .? Coleen H. Sullins, Deputy Director
Division of Water Quality
April 6, 2004
# -0355
WETLANDS 1401 CiROUP D UQn
ion04 County
Mr. Mike Shea APR 14 2004
Shea Homes, LLC WATER
7401 Carmerl Executive Park QUALITY SECTiUi4
Charlotte, NC 28226
Subject: Shea Homes Development, Lester Davis Rd.
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Mr. Shea:
You have our approval, in accordance with the attached conditions, to place permanent fill in 0.07
acre of wetland and to impact 145 linear feet of the West Fork Twelve Mile Creek in order to construct
a subdivision on Lester Davis Road in Union County, as described in your application received by the
Division of Water Quality (DWQ) on March 22, 2004. After reviewing your application, we have
determined that this project is covered by Water Quality General Certifications Number 3402 and
3404, which can be viewed on our web site at http://h2o.enr. state. nc. us/ncwetlands. These General
Certifications allow you to use Nationwide Permit Number 39 and 14 respectively, once they are
issued to you by the U.S. Army Corps of Engineers (USACOE). 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.
These Certifications will expire when the associated 404 permits issued by the USACOE expire
unless otherwise specified in the General Certifications. 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.
If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory
mitigation may be-required as described in 15A NCAC 2H .0506 (h). For this approval to be valid,
you must follow the conditions listed in the attached Certification, as well as the additional conditions
listed below:
1. 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
4 11/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands.
11 N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Marling Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (nhnnel. 919-733.6893 (faxl. (httn• h2o enr state ne us ncwetlands)
Page 2
2. Stormwater discharge points shall be constructed in a manner such that the potential receiving
streams (of the discharge) at the site will not be impacted due to sediment accumulations, scouring
or erosion of the stream banks.
3. The culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered (i.e. the depth of the channel must not be reduced by a widening of the
streambed). Existing stream dimensions (including the pattern and profile) are to be maintained
above and below locations of each culvert. The culvert 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 are
installed in a perched manner then the pipes shall be removed and re-installed correctly.
4. 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 Preconstruction Notification application. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best management Practices (BMP) shall be performed so that no violations of state water
quality standards, statutes, or rules occur.
5. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such BMP:
a. The design, installation, operation, and maintenance of the erosion and sediment control
measures (the 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 Planning and
Design Manual (the Manua)).
b. The measures shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
sites, including contractor-owned or leased borrow pits associated with project.
c. The reclamation measures and implementation of these measures must be in accordance with
the requirements of the Sedimentation Pollution Control Act.
6. Sediment and erosion control measures should not be placed in wetlands or waters. However, if
placement of sediment and erosion control devices in wetlands and waters is unavoidable, the
devices shall be removed and the natural grade restored within six months of the date the Division
of Land Resources has released the project.
7. Continuing CbMpliance. Shea Homes, LLC shall conduct its activities in a manner consistent with
state water quality standards (including any requirements resulting from 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 Shea Homes, LLC
and the USACOE, 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
Page 3
conditions shall be provided to Shea Homes, LLC in writing, and shall be provided to the USACOE 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.
8. Upon completion of the project, the applicant/responsible party shall complete and return the
enclosed "Certificate of Completion" form to the Division of Water Quality's 401/ Wetlands Unit.
Please send photographs upstream and downstream of each culvert site to document correct
installation along with the Certificate of Completion form.
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 thlb-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 Alan Johnson in the Mooresville .Regional
Office at 704-663-1699 or Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
Alan W. Klimek, P.E.
AJ/aj
Attachments
cc: Amanda Jones - ACOE
Wetlands Unit - Cyndi Karoly
Central Files
File Copy
Tamp Bandy
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Shea Homes Lester Davis Properties County Union
Project Number 04 0355 County2
Recvd From APP "Region Mooresville
Received Date 3/10/04 Recvd By Region 3/29/2004
Project Type residential s/d and road04
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet:
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
F39 seep O Y _0N F-11-138-1 FC [-- 3?.R3R. 0.01 F__ 80.00 150.00
5ueam P1 *N F 230.00
Waters O Y OO N F_F_r-F__F_- 0.08F__ I F-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y QQ N
Have Project Changes/Conditions Been Discussed With Applicant? QQ Y O N
Is Mitigation required? Q Y O N Recommendation:Q Issue O Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) 345935 Longitude (ddmmss) 804308
Comments:
Staff visited the site on March 25, 2004. Applicant requests approval for wetland and stream
impacts. Impacts are split between a Nationwide #14 and #39. Three streams flow through the site
to West Fork Twelve Mile Creek. With the exception of the below noted impacts, the subdivision has
been laid out so that the streams flow in the rear of, and between the individual lots in the
subdivision. Impacts proposed at the site:
a) Four sewer line crossings (- 20 linear ft. of impact each)
b) Road crossing over W. Fork Twelve We Creek (- 145 linear ft. impact)
c) Road crossing, ephemeral stream impact (154 linear ft.), unimportant but was shown on plan
d) Several small impacts to a pond (0.08 acre) and wetlands (0.07 acre)
cc: Regional Office
Central Office Page Number 1
60? W A T?9
?0? QG
? . i.
April 6, 2004
DWQ# 04-035E
Union County
Mr. Mike Shea
Shea Homes, LLC
7401 Carmerl Executive Park
Charlotte, NC 28226
Subject: Shea Homes Development, Lester Davis Rd.
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Mr. Shea:
You have our approval, in accordance with the attached conditions, to place permanent fill in 0.07
acre of wetland and to impact 145 linear feet of the West Fork Twelve Mile Creek in order to construc,
a subdivision on Lester Davis Road in Union County, as described in your application received by the
Division of Water Quality (DWQ) on March 22, 2004. After reviewing your application, we have
determined that this project is covered by Water Quality General Certifications Number 3402 and
3404, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. These General
Certifications allow you to use Nationwide Permit Number 39 and 14 respectively, once they are
issued to you by the U.S. Army Corps of Engineers (USACOE). 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.
These Certifications will expire when the associated 404 permits issued by the USACOE expire
unless otherwise specified in the General Certifications. This approval is only valid for the purpose ai
design that you described in your application. If you change your project, you must notify us in writinc
and you may be required to send us a new application for a new certification. If the property is sold, t
new owner must be given a copy of the Certification and approval letter; and is thereby responsible fc
complying with all conditions.
If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid,
you must follow the conditions listed in the attached Certification, as well as the additional conditions
listed below:
1. 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 40
Permit (whichever is later). A sample deed notification format can be downloaded from the
One 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. Vmm
No Carolina ?i W
Natuma!!ry 'Vi D P
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
Michael F. Easley, Govemoi
William G. Ross Jr., Secretar}
North Carolina Department of Environment and Natural Resource;
Alan W. Klimek, P.E., Director
. Division of Water Qualit}
Coleen H. Sullins, Deputy Director
Division of Water Qualit;
Page 2
2. Stormwater discharge points shall be constructed in a manner such that the potential receiving
streams (of the discharge) at the site will not be impacted due to sediment accumulations, scouring
or erosion of the stream banks.
3. The culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered (i.e. the depth of the channel must not be reduced by a widening of the
streambed). Existing stream dimensions (including the pattern and profile) are to be maintained
above and below locations of each culvert. The culvert 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 are
installed in a perched manner then the pipes shall be removed and re-installed correctly.
4. 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 Preconstruction Notification application. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best management Practices (BMP) shall be performed so that no violations of state water
quality standards, statutes, or rules occur.
5. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such BMP:
a. The design, installation, operation, and maintenance of the erosion and sediment control
measures (the 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 Planning and
Design Manual (the ManuaO.
b. The measures shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
sites, including contractor-owned or leased borrow pits associated with project.
c. The reclamation measures and implementation of these measures must be in accordance with
the requirements of the Sedimentation Pollution Control Act.
6. Sediment and erosion control measures should not be placed in wetlands or waters. However, if
placement of sediment and erosion control devices in wetlands and waters is unavoidable, the
devices shall be removed and the natural grade restored within six months of the date the Division
of Land Resources has released the project.
7. Continuing Compliance. Shea Homes, LLC shall conduct its activities in a manner consistent with
state water quality standards (including any requirements resulting from 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 Shea Homes, LLC
and the USACOE, 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
Page 3
conditions shall be provided to Shea Homes, LLC in writing, and shall be provided to the USACOE 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.
8. Upon completion of the project, the applicant/responsible party shall complete and return the
enclosed "Certificate of Completion" form to the Division of Water Quality's 401/Wetlands Unit.
Please send photographs upstream and downstream of each culvert site to document correct
installation along with the Certificate of Completion form.
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, ser
a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office o-
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and i-
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 Alan Johnson in the Mooresville Regional
Office at 704-663-1699 or Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
Alan W. Klimek, P.E.
AJ/aj
Attachments
cc: Amanda Jones - ACOE
Wetlands Unit - Cyndi Karoly
Central Files
File Copy
Tamp Bandy
Triage Check List

Date: Project Name:
DWQ#: OCf „ 6)Ld 33
County: 01,110-1
To: ? ARO Mike Parker ? WaRO Tom Steffens
? O Ken Averitte ? WiRO Noelle Lutheran
,
L?f MRO Alan Johnson ? WSRO Daryl Lamb
? RRO Steve Mitchell
From: C_? Telephone : (919)
The file attached is being forwarded to your for your evaluation.
Please call if you need assi$tance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments. r e',

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Shea Homes
Attn: Mike Shea ry,e
7401 Carmel Executive Park, Suite 106
Charlotte, NC 28226
Subject Property: Lester Davis Subdivision J
Dear Mr. Shea:
March 15, 2004
DWQ # 04-0355
l?;i _ : Union County
MAR 23 2004
t
On March 10, 2004 the Division of Water Quality (DWQ) was notified by receipt of your application regarding
your plan to fill wetlands or waters for the purpose of constructing a residential subdivision and road in Union
County. Approval from DWQ is required to disturb these areas. Please provide 7 copies of the following
information and refer to the DWQ # listed above in your reply. Please show these on maps of suitable scale (for
instance 1" = 100 feet) so we can begin to determine your projects' compliance with 15A NCAC 2H.0500.
1. Please show all wetland stream impacts and lot layout as overlays on site plan using a scale of
I"=50'.
Please telephone Mike Horan at 919-715-3404 if you have any questions or would require copies of.our rules.or
procedural materials. This project will remain on hold as incomplete in accordance with 15A.NCAC 2H.0505(c).
The processing time for this application will begin when this information is received. If we do not hear from you
by writing or by fax at [phone] within three (3) weeks we will assume you no longer want to pursue the
project and will consider it withdrawn.
Sincerely,
Program
JRD/bs
cc: Mooresville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
Tamp Bandy, WNR, Post Office Box 224, Newton, NC 28658
-91 A-
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands)
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 Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
March 15, 2004
DWQ # 04-0355
Union County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Shea Homes
Attn: Mike Shea
7401 Carmel Executive Park, Suite 106
Charlotte, NC 28226
Subject Property: Lester Davis Subdivision
Dear Mr. Shea:
On March 10, 2004 the Division of Water Quality (DWQ) was notified by receipt of your application regarding
your plan to fill wetlands or waters for the purpose of constructing a residential subdivision and road in Union
County. Approval from DWQ is required to disturb these areas. Please provide 7 copies of the following
information and refer to the DWQ # listed above in your reply. Please show these on maps of suitable scale (for
instance 1" = 100 feet) so we can begin to determine your projects' compliance with 15A NCAC 2H.0500.
1. Please show all wetland stream impacts and lot layout as overlays on site plan using- A scale of
Please telephone Mike Horan at 919-715-3404 if you have any questions or would require ;copies of ouvrules.or
procedural materials. This project will remain on hold as incomplete in accordance with 15A,NCAC 2H.0505(c).
The processing time for this application will begin when this information is received. If wiedo not hear from you
by writing or by fax at [phone] within three (3) weeks we will assume you no longer want,to•pursue the
project and will consider it withdrawn.
Sincerely,
Program
JRD/bs
cc: Mooresville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
Tamp Bandy, WNR, Post Office Box 224, Newton, NC 28658

N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
WN;t Llc?v IY4
Wetland and Natural Resource
Consultants Inc.
March 8, 2004
US ACE, Asheville Regulatory Field Office
Attn: Mr. Steve Chapin
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Re: Nationwide Permit 39 / 14 Request
Shea Homes, Lester Davis Properties
Union County, North Carolina
Mr. Chapin and Mr. Dorney:
NC Division_f if Vyater Quality, Wetlands Unit
Attn: Mr. Jc1n!ir
2321 Crabtreo o var' 250
Raleigh, NC 27 0226,
?-
E I1- °t' s / 401 GROUP
MAR 1 0 2004
The purpose of this PCN is to request authorization for proposed impacts to regulated Waters off' ° I 'C?ELf I jt
U.S. for the above referenced project Impacts are necessary and have been minimized to the maximum
extent practicable for the purpose of constructing the proposed residential subdivsion and road (see
attached application forms and maps).
Minimization and avoidance has been achieved through exhaustive redesign efforts based on the field
approved delineation. Less than 150 linear feet of perennial or intermittent channel with important
aquatic function will be piped for access to high ground. Approximately I I acres of buffers to perennial
channels on the property will be protected in common open space.
Thank you in advance for your timely consideration of this PCN. Please call with questions or to discuss
the project in further detail.
Respectfully submitted,
OlGtr y?J
Tamp Bandy
Newton Office Qyd a 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 [phone] Fax
02/26/2004 THI,, 10;16 FAX [phone] SHE: HORI ES ?J001/002
Wetland and Natural Resource
Consultants, Inc.
Department of the Army
Wilmington District, Corps of Engineers
Attn: Ken Jolly, Chief Regulatory Division
PO Sox 1990
Wilmington, North Carolina, 28402-1890
-and-
i~
LIAR ? ®2004
NC Division of Water Quality
Attn: John Dorney VVeiSi%
2321 Crabtree Blvd. ''`'`°a t ote if fo`y
Raleigh, North Carolina, 27604-2260
I, the current landowner of the property identified below, hereby authorize Wetland and Natural
Resource Consultants, Inc- to act on my behalf as my agent during the processing of permits to impact
Wetlands and Waters of the US that are regulated by the Clean Water Act and the Rivers and Harbors
Act.
Federal and State agents are authorized to be on said property when accompanied by Wetland and
Natural Resource Consultants, Inc. staff.
Wetland and Natural Resource Consultants, Inc. is authorized to provide supplemental information
needed for permit processing at the request of the Corps or DWQ.
Property Owner of Record: S L C
Address: ??4 O\ r?,w? ?cx r uT?v Trs:
Address:
Address: - t•?. 2.RZZtn
Phone Number
H? 1-?v?s?r 8`? Q- PF4CO..
Property Location: G
Owners Signature: ;
Date: F ea LQQ-N
Newton Of ke Clyde Offuer
Pd Box 224 wnrincxorn 217 Paragon Parkway. #142
Nowton, NC 28658 Clyde, NC 28721
828165-3035 828-627-0051
828.965-3050 tax 828-627-0052 Fax
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: 200430386 County: Union
Waters of the U.S. Survey/DelineationVerification
Property owner/Authorized Agent: Shea Homes, Attn: Mr. Mike Shea
Address: 7401 Carmel Executive Park, Suite 106
Charlotte, NC 28226
Telephone Number:
Size and Location of Property (waterbody, Highway name/number, town, etc.):
Shea Homes - Baker/Dowd/Bos Properties (totalling 165.42 acres) located S.E. of
Weddington on NC 84 and Lester Davis Road
Indicate Which of the following apply:
There are waters of the U.S. on the above described property which have been accurately
flagged/delineated. We recommend that the delineated lines be surveyed. The surveyed
lines must be verified by our staff before the Corps will make a final jurisdictional
determination on your property.
x The submitted survey plat dated 02/25/2004 for the above referenced property
accurately reflects the limits of waters of the U.S. on the property. Unless there is a
change in the law or our published regulations, this determination may be relied upon for
a period not to exceed 5 years from the date of this notice.
Placement of dredged or fill material in waters of the U.S. on this property without a Department
of the Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC
1311). A permit is not required for work on the property restricted entirely to existing high
ground. If you have any questions regarding the Corps of Engineers regulatory program, please
contact:
Steve Chapin at [phone] x224
Project Manager Signature S '? Date March 4, 2004
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Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: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: ?
11. Applicant Information
1. Owner/Applicant Information
Name: Shea Homes
Mailing Address: 7401 Carmel Executive Park
Suite 106
Charlotte, NC 28226
Telephone Number: 704-319-5000 Fax Number: n/a
E-mail Address: n/a
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, North Carolina 28658
Telephone Number: 828-302-3437 Fax Number: 828-465-3050
E-mail Address: tamp(- ),wnrinc.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-
Page 1 of 7
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: Shea Homes, Lester Davis Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a
3. Property Identification Number (Tax PIN): 06072014, 06072001, 06102003
4. Location
County: Union Nearest Town: Union
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): take Hwy 16 south from Charlotte, go
easet on Hwy 84, go south on Lester Davis Road (SR 1339)
5. Site coordinates, if available (UTM or LatfLong): 34°59'35"N 80°43'08"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): 165.4
7. Nearest body of water (stream/river/sound/ocean/lake): West Fork Twelve Mile Creek
8. River Basin: Catawba
(Note - this must be one of North Carolinas 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: currently used for crop production, adjacent uses include agricultural
and residential
10. Describe the overall project in detail, including the type of equipment to be used: Construction of
residential lots and infrastructure, including roads and sanitary utility
11. Explain the purpose of the proposed work: provide single family residential housing lots
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this project
(including all prior phases of the same subdivision) in the past, please explain. Include the USACE
Action ID Number, DWQ Project Number, application date, and date permits and certifications were
issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful
information. Describe previously approved wetland, 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.
Corps site visit conducted on 9/25/03 to verify delineation. All appropriate dataforms, photos, etc
submitted to Corps for signature on wetland survey map.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work, and
provide justification for the exclusion of this work from the current application.
No additional impacts are anticipated
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
Page 2 of 7
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: Temporary stream bed impacts for sewer
line construction. Road crossing of West Fork Twelve Mile Creek, stream crossing of
intermittent, unimportant channel, pond modification to accommodate road crossing
2. Individually list wetland impacts below:
Wetland
Impact

Site Number
(on map)
Type of Impact* Area of
Impact

(acres) Located within
100-year

Floodplain**
(yes/no) Distance to
Nearest

Stream
(linear feet)
T ***
vpe of Wetland
1 fill 0.014 no 15 toe slope seep

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to:
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list
impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood
Insurance Rate Maps (FIRM), or FEMA-approved local floodplam maps. Maps are available through the
FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested
wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be
made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream
Impact No.
(on map)
Type of Impact* Imapact
Length
(linear ft)
Stream Name** Average
stream width
Before Impact Perennial or
Intermittent?
(please specify)
1 temporary sewer line install 20 ut to WF 12 Mile 3 perennial
2 temporary sewer line install 20 ut to WF 12 Mile 3 perennial
3 temporary sewer line install 20 WF 12 Mile 12 perennial
4 temporary sewer line install 20 WF 12 Mile 12 perennial
5 fill / pipe 150 ut to WF 12 Mile 2 intermittent

* 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
Page 3 of 7
USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and
printing of USGS maps (eg., www.topozone.com, www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 150 permanent, 80 temporary
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
No. (on
snap)

Type of Impact* Area of

Impact

(acres)
Name of Waterbody
(if applicable) Type of Waterbody

(lake, pond, estuary, sound,

bay. ocean, etc.)
1 temp. reconstruct riser n/a ut to 12Mile pond
lower pond elevation 0.08

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 have been minimized to the maximum extent practicable for the purpose of constructing
the proposed subdivision. Previous plans required additional impacts of approximately 300 linear
feet for road crossings. Current plan impacts less than 150 linear feet of important strain crossings
(box culverts to cross West Fork Twelve Mile Creek). Additional road crossings have been limited
to a single crossing of an intermittent, unimportant road crossing.
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
Page 4 of 7
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/ncwetiands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide as much
information as possible, including, but not limited to: site location (attach directions and/or map, if
offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed
(restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed
restrictions, conservation easement, etc.), and a description of the current site conditions and proposed
method of construction. Please attach a separate sheet if more space is needed.
Proiect proposes approximately 11.25 acres of buffers to perennial and important streams
which are to remain undisturbed and are located within common open space (illustrated in
yellow on the attached maps). Common open space areas are located adjacent to remaining
channels and streams to the maximum extent practicable.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program
(NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at [phone]
to determine availability and to request written approval of mitigation prior to submittal of a PCN.
For additional information regarding the application process for the NCWRP, check the NCWRP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check
the appropriate box on page three and provide the following information:
Amount of stream mitigation requested (linear feet): n/a
Amount of buffer mitigation requested (square feet): n/a
Amount of Riparian wetland mitigation requested (acres): n/a
Amount of Non-riparian wetland mitigation requested (acres): n/a
Amount of Coastal wetland mitigation requested (acres): n/a
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state)
land?
Yes ? No
If ves, 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 [phone] to review
current thresholds for environmental documentation.
Yes ? No ?
Page 5 of 7
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 nLa)?
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
I n/a 3 n/a
2 n/a 1.5 n/a
Total n/a n/a
* 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.
impervious areas not to exceed 30 percent
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.
sanitary sewer line
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Page 6 of 7
Is this an after-the-fact permit application?
Yes ?No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired construction
dates to allow processing time for these permits. However, an applicant may choose to list constraints
associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down
schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or
other issues outside of the applicant's control).
n/a

ApplicasiVAgent's Signature ' Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 7 of 7
Office Use Only: Form Version Mav 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 14
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: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Shea Homes
Mailing Address: 7401 Carmel Executive Park
Suite 106
Charlotte, NC 28226
Telephone Number: 704-319-5000 Fax Number: n/a
E-mail Address: n/a
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, North Carolina 28658
Telephone Number: 828-302-3437 Fax Number: 828-465-3050
E-mail Address: tampna,wnrinc.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-
Page 1 of 7
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: Shea Homes, Lester Davis Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a
3. Property Identification Number (Tax PIN): 06072014, 06072001, 06102003
4. Location
Countv: Union Nearest Town: Union
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): take Hwy 16 south from Charlotte, go
easet on Hwy 84, go south on Lester Davis Road (SR 1339)
5. Site coordinates, if available (UTM or Lat/Long): 34°59'35"N 80°43'08"W
(Note - If project is linear, such as a road or utility line, attach a sheet that separateIN lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 165.4
7. Nearest body of water (stream/river/sound/ocean/lake): West Fork Twelve Mile Creek
8. River Basin: Catawba
(Note - this must be one of North Carolinas seventeen designated major river basins. The River
Basin map is available at http://h2o.enr.state.nc.us/adm1n/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: currently used for crop production, adiacent uses include agricultural
and residential
10. Describe the overall project in detail, including the type of equipment to be used: Construction of
road to provide access from residential subdivision to Hwy 84 utilizing earth moving equipment
11. Explain the purpose of the proposed work: Access to Hwy 84
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.
Corps site visit conducted on 9/25/03 to verify delineation. All appropriate dataforms, photos, etc
submitted to Corps for signature on wetland survey map.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work, and
provide justification for the exclusion of this work from the current application.
No additional impacts are anticipated
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
Page 2 of 7
for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is
needed for listing or dgscription, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Temporary stream bed impacts for sewer
line construction. Road crossing of West Fork Twelve Mile Creek, stream crossing of
intermittent, unimportant channel, pond modification to accommodate road crossing
2. Individually list wetland impacts below:
Wetland
Impact
Site Number
(on map)
*
Type of Impact* Area of

Impact
(acres) Located within
100-year
Floodplain**
(yes/no) Distance to
Nearest
Stream
(linear feet)
***
Type of Weiland***
1 fill 0.045 yes 180 abandoned ag ditch
2 fill 0.009 yes 25 open water / pit

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to:
mechanized clearing, grading, fill, excavation, flooding, ditching/drainagc, etc. For dams, separately list
impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood
Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the
FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested
wetland, beaver pond, Carolina Bay, bog, etc_) Indicate if wetland is isolated (determination of isolation to be
made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property, <1
Total area of wetland impact proposed: 0.054
3. Individually list all intermittent and perennial stream impacts below:
Stream
Impact No.
(on ma)
Type of Impact* Imapact
Length
(linear ft)
Stream Name** Average
stream width
Before Impact Perennial or
Intermittent?
(please specify)
1 box culvert / rip-rap +/-145 WF 12 Mile 12 perennial

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts
and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include
linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions,
etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the
linear footprint for both the original and relocated streams must be included.
* * Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed
tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the
Page 3 of 7
USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and
printing of USGS maps (ewe;., www.topozone.com, www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: +/-145 permanent
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
No. (on
map)

ype of Impact*
Area of

Impact

(acres)

Name of Waterbodv

(if applicable)
Type of Waterbody

(lake. pond, estuary. sound

bay, ocean. etc.)
n/a

List each impact separately and idcntifv 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 have been minimized to the maximum extent practicable for the purpose of constructing
the Proposed subdivision. Previous plans required additional impacts of approximately 300 linear
feet for road crossings. Current plan impacts less than 150 linear feet of important strain crossings
(box culverts to cross West Fork Twelve Mile Creek under NW14). Additional road crossings have
been limited to a single crossing of an intermittent, unimportant road crossing.
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
Page 4 of 7
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/ncwetiands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide as much
information as possible, including, but not limited to: site location (attach directions and/or map, if
offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed
(restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed
restrictions, conservation easement, etc.), and a description of the current site conditions and proposed
method of construction. Please attach a separate sheet if more space is needed.
Project proposes approximately 11.25 acres of buffers to perennial and important streams
which are to remain undisturbed and are located within common open space (illustrated in
yellow on the attached maps). Common open space areas are located adjacent to remaining
channels and streams to the maximum extent practicable
Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program
(NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at [phone]
to determine availability and to request written approval of mitigation prior to submittal of a PCN.
For additional information regarding the application process for the NCWRP, check the NCWRP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check
the appropriate box on page three and provide the following information:
Amount of stream mitigation requested (linear feet): n/a
Amount of buffer mitigation requested (square feet): n/a
Amount of Riparian wetland mitigation requested (acres): n/a
Amount of Non-riparian wetland mitigation requested (acres): n/a
Amount of Coastal wetland mitigation requested (acres): n/a
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the requirements of
the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure
whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-083 to review
current thresholds for environmental documentation.
Yes ? No ?
Page 5 of 7
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 RDa ?
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
Mu Required
Mitigation
1 n/a 3 n/a
2 n/a 1.5 n/a
Total n/a n/a
* Zone I 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
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.
impervious areas not to exceed 30 percent
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.
sanitary sewer line
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Page 6 of 7
Is this an after-the-fact permit application?
Yes ? No
XIV, Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired construction
dates to allow processing time for these permits. However, an applicant may choose to list constraints
associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down
schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or
other issues outside of the applicant's control).
n/a
?G- a Y a y
Applican Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
n
Page 7 of 7

-6'4wi 10-1 a??,or„?-
r
DWQ# 04 - M637 Date-5 Who Reviewed: "^V
Plan Detail Incomplete
[,] Please provide a location map for the project.
` ] lyl ase slio"?streai ;,e14',aaJadir4V iA l , dqsi rs, and b stabilization on the site plan. `..
? 1? a , ? .StM.,t tl v-.x? 1a.1??.,,•Y ? "?ZIUS?, t •cr
? Please show we4l nd?impact iincludin fl pSs o50e s ?]?T1
t It idt...? .. ?4i Ct? ?: ,. 11 ,E J'* J ?11J.,.rv ? ?'?rV Cl t? ?1
? Please indicate all buffer impacts on the site plan.
? Please indicate proposed lot layout as overlays on the site plan.
? Please indicate the location of the protected buffers as overlays on the site plan.
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage.
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by GC
? Please provide detail for the stormwater management practices as required by GC
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
? Please indicate all stormwater outfalls on the site plan.
? Please indicate the diffuse flow provision measures on the site plan.
? Please indicate whether or not the proposed impacts already been conducted.
Avoidance and/or Minimization Not Provided
? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional
information as to why it is necessary for this project.
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the
. Please revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the
Please revise the plans to minimize the impacts.
? The stonnwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please
provide $ . This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
? Please provide a signed copy of the application.
? Please provide copies of the application, copies of the site plans and other supporting information.
Mitigation
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
-tit('
UNITED 'STATES' POSTAL SERVICE
First-Class Mail
Postage & Fees.Pal%.
USPS
-Permit No. G-10
• Sender:WQ4hM ,address, and ZIP+4 in this box •
ti00Z ti ti ?dW
d10,1215 W),V I SGNVIEM
NC DENR Division of Water Quality
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
J
fill 1??ttY?t??.1t11t1#:ti#t?t1??lti?i11i1Yltt?itt/f??t#tf.i??.1?
. Complete 1terr s`i ;2, and 3. Also complete
item 4 rf'Restrlcted`Delivery Is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the 'front if space permits.
1. Article AdVessed to:
Shea Homes
7401 Carmel Executive Park, suite 106
Charlotte, NC 2826
DWQ# 04-0355 -Union
2. Article Number
-m 00 1 1 ; August2
A. $gitture
11 JPI
vl"
? Agent
? Addresses
B. R eved by (ppprinted Nape) C. Date of Deliver
[A I I /_ 117_1Z ,
Is delivey address diffe f*Qe? ? Yes
If YES, enter delive .'Q No
+I
W
jc_
Service Type M
Certified Mail ? Express Mail
? Registered ELRetum Receipt for Merchandise
? Insured Mail 13 O.O.D.
Restricted Delivery? (Extra Fee) ? Yes'
3
4.
7002 2410 0003 0275 4582
l t d t ones 8 FIN I 'A l p I I f 1
102595-r'