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Home My WebLink About20040541 Ver 1_Complete File_20040319 O~~.....Or(...W. A.T~ '9 Oc- ,.'ji ... . y :t.:!. . r > .- - ..... -I o . '"<: Mlcnael .1:'. !::llISley, vovemor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W, Klimek, P.E" Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality May 4, 2004 Nash County DWQ Project #:.04-0429 APPROVAL OF 401 Quality Certification, ADDITIONAL CONDITIONS and Tar-PamIico River Norman Davis 410 Woodfield Drive Nashville, NC 27856 Dear Mr. Davis: You have our approval in accordance with the attached conditions and those listed below, to place fill material in 0.095 acres of successional fringe, 0.11 acres pond fill, or 0.02 acres of buffers for the purpose of residential development at Birchwood Drive Site, as you described in your application dated March 12,2004 and received by the NC Division of Water Quality (DWQ) on March 19,2004. After reviewing your application we have decided, this fill is covered by General Water Quality Certification Number 3402. This certification allows you to use Nationwide Permit Number 39 when the Corps of Engineers issues it. This approval is also valid for the Tar-Pamlico River buffer rules (15A NCAC 2B .0259). In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non- Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA 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 except as modified below. 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 wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certific.ation. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1. Diffuse Flow (DWQ Review Required) - An additional condition is that all constructed stormwater conveyance outlets shall be directed to flow in a diffuse manner at non-erosive velocities through the entire protected stream buffers without re-concentrating. If this is not possible it may be necessary to provide stormwater facilities that are considered to remove nitrogen. Additionally, a stormwater management plan for this project shall be provided to this Office before any of the impacts approved herein are conducted. The plan shall specify all stormwater discharge points, plan details, and N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.uslncwetlands Page 2 Mr. Davis May 4, 2004 calculations to indicate that diffuse flow through the protected buffers or nitrogen removal as described above will be achieved. 2. 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. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. 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 wri.tten petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P;O. Box 27447, Raleigh, N.C. 27611-7447. 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 John Domey\at 919-733-9646 or Bob Zarzecki at 919- 733-9726. Sincerely, Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office File Copy Central Files 0<( WAr~1y O~ Oc;:.. !ij f > - - -I o -<; 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 Coleen H. Sullins, Deputy Director Division of Water Quality March 25,2004 N ash County DWQ Project #: 04-0429 APPROVAL OF 401 Quality Certification, ADDITIONAL CONDITIONS and Tar-Pamlico River Norman Davis 410 Woodfield Drive Nashville, NC 27856 Dear Mr. Davis: You have our approval in accordance with the attached conditions and those listed below, to pIa material in 0.095 acres of successional fringe, 0.11 acres pond fill, or 0.02 acres of buffers for e purpose of residential development at Birchwood Drive Site, as you described in your appli tion dated March 12, 2004. After reviewing your application we have decided, this fill is covered b General Water Quality Certification Number 3402. This certification allows you to use Nation ide Permit Number 39 when the Corps of Engineers issues it. This approval is also valid for th ar-Pamlico River buffer rules (15A NCAC 2B .0259). In addition, you should get any other federal, tate or local permits before you go ahead with your project including (but not limited to) Sediment a Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations This approval will expire when the accompanying 404 or CAMA permit expires unless oth wise specified in the General Certification. This approval is only valid for the purpose and design that you describ d in your application except as modified below. If you change your project, you must notify us an you may be required to send us a new application. If the property is sold, the new owner must be 'ven a copy of this Certification and approval letter and is thereby responsible for complying with conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensato mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shal xpire when the corresponding Nationwide Permit expires or as otherwise provided in the Genera ertification. For this approval to be valid, you must follow the conditions listed in the attached ce 'fication and any additional conditions listed below. 1. An additional condition is at stormwater shall be directed to sheetflow at non~erosive velocities through the p ected stream buffers. 2. Upon completion of work approved within the 401 Water Quality Certification or applicable Buffer ules, and any subsequent modifications, the applicant is required to return the attac d certificate of completion to the 401/Wetlands Unit, North Carolina Division of ater Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Conditions of Certification: N. C. Division of Water Quality, 401 Wetlands Certification Unit. 1650 Mail Service Center, Raleigh. NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands Page 2 Mr. Davis March 25, 2004 Vio tions of any condition herein set forth may result in revocation of this Certification and may result in cri "nal and/or civil penalties. This Certification shall become null and void unless the above conditi ns are made conditions of the Federal 404 and/or coastal Area Management Act Permit. If you do II t accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must ac within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, whic conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative earings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are fin and binding unless you ask for a hearing. This letter completes e review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any q~stions, please telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919- 733-9726. \ \ \ ~\ \ '\. Attachment Sincerely, '. \ \ \ \ '\ " cc: Wilmington District Corps of Engineers \ Corps of Engineers Raleigh Field Office \ Raleigh DWQ Regional Office File Copy Central Files I I I I I I I I I I I I I I I I I I I A\"'\I"\\ \l':l ." ,.. I Af\~ bh\,.Jvl ~ "~'T\ (\ Nf)~) . tJ~~) \ ,... \N \:: \ ~..I'l .. ttto1/a . '88f.J~D 1.0 Location Nationwide Permit 39 Application For the Birchwood Drive Site M~R 1 9 2004 ~"f"> r"lT~C.,;t~ \r,Ivq:.p, ;:.;''-;;'\".1'' tV' l'Ii"<~-i' I r: ,'. , ' ,'~J.1)4 ~'J' , " ". ,j '"1 ~ J;jJ The project study area is located just south of the town of Nashville in Nash County, North Carolina, at the intersection of Birchwood Drive and Old Wilson Road, east of Highway 58. A general location map is attached depicting the project site on the Nashville, NC, United States Geological Survey, (USGS 1974) 7.5-minute topographic quadrangle. The total size of the area to be disturbed is approximately 5.78ac. The applicant is proposing to develop 18 single family lots upon this undeveloped parcel of land. 2.0 Existing Site Conditions Plant Communities F ~ rn.. ""........'.'.<.. ,'...... "...."'. ~ AA t,l . \ ::,.:.).N ! L it G w) ~0 , Existing plant communities that occur in the project study area include: a forested wetland area and an agricultural field. The forested wetland consists of black gum (Nyssa sy/vatica), tulip poplar (Liriodendron fu/ipifera), red maple (Acer rubrum), sweet pepperbush (C/efhra a/nifolia), Virginia willow (/tea virginica), wax myrtle' (Myrica cerifera), lizard's tail (Saururus cemuus), and netted chain-fern (Woodwardia areo/afa). Vegetation in and around the excavated pond includes black willow (Salix nigra), red maple, duckweed (Lemna sp.), and cattail (Typha /afifolia). The agricultural field is a partially maintained pasture of various grass species. Soils The Soil Survey of Nash County. North Carolina (USDA 1989) indicates two soil mapping units occurring within the project study area: Rains fine sandy loam, and Norfolk-Urban land complex. The poorly drained Rains soils occur near the irrigation pond and the forested wetland. Rains fine sandy loam is considered a hydric soil. The Norfolk-Urban soils are well drained and consist of urban disturbed land and undisturbed areas, Norfolk-Urban land complex is considered a non-hydric soil. A copy of the soil map is included with this submittal. Water Resources and HydroloQY The project study area is located within the Tar-Pamlico River Basin. The project study area contains a small man-made irrigation pond near the eastern boundary. Hydrology within the site appears to be influenced primarily by stormwater runoff and precipitation. There are no jurisdictional stream features on site. The irrigation pond is not subject to the buffer rules; however a large pond located off-site and to the east of the project study area is subject to the buffer rules. The 50-foot riparian buffer does extend into a small portion of the project study area near lots 7 and 8. I I I I I I I I I I I I I I I I I I I Wetlands There is a forested wetland along the eastern boundary of the project study area between the irrigation pond and the off-site pond. A stream channel also occurs just outside the eastern boundary and partially contributes to the wetland's hydrology. Groundwater and upland run'off may influence this wetland to a lesser extent. Environmental Services, Inc. (ESI) delineated the jurisdictional wetland pursuant to the 1987 Corps of Engineers Wetland Delineation Manual (DOA 1987). Mr. Kevin Yates of the Corps of Engineers (COE) verified the delineated wetland during an on-site inspection conducted on November 25, 2003. A copy of the verified wetland plat and jurisdictional determination is included. 3.0 Proposed Site Conditions The applicant is proposing to develop 18 private, single family lots on the undeveloped parcel. The applicant is proposing to fill in the small irrigation pond (0.11 ac) to eliminate any potential safety hazards. Less than 0.10ac of jurisdictional wetland fringe is also proposed to be filled to allow for the necessary setbacks for 2 lots (lots 17 and 18). 4.0 Environmental Consideration Section 404 and 401 Permits The applicant is applying for a Section 404 permit from COE. The project meets the criteria established by Nationwide Permit 39 (NWP 39) as regulated by COE pursuant to Section 404 of the Clean Water Act. The project also appears to meet Section 401 State Water Quality certification standards. Section 404(b) Guidelines requires the applicant to demonstrate avoidance, minimization, and mitigation of jurisdictional wetland impacts. The applicant cannot completely avoid wetlands on the project site and the present design has attempted to minimize wetland impacts as much as possible. The purpose and need of the applicant can not be met if the necessary setback can not be met on lots 17 and 18. The proposed wetland fill is necessary to make these lots usable. Avoidance and minimization has been demonstrated throughout the rest of the project study area. The proposed, wetland impact on the project site is approximately O,095ac. Open-water impacts to the man-made pond amount to 0.11 ac. Riparian Buffer Rules The project site is located within the Tar-Pamlico River Basin, Mr. Mike Horan of the NC Division of Water Quality (DWQ) reviewed the man-made pond on October 27, 2003. It was determined to be Not Subject to the buffer rule. A copy of DWQ's letter is enclosed. The off-site pond is subject to the buffer rules currently in place for this river basin. While the pond is not within the project study area, the pond's riparian buffer I I I I I I I I I I I I I I I I I I I does extend into a small portion of the project study area. Approximately 914 square feet of Zone 2 of this buffer is proposed to be cleared on lots 7 and 8. This activity should be exempt from the buffer rule. Zone 1 will remain undisturbed. Cultural Resources Use of a Section 404 permit also requires coordination through the State Hist<;>ric Preservation Office (SHPO) to determine if cultural or archaeological resources are known from the project site or are expected to occur. Mr. Scott Seibel, a Registered Professional Archaeologist with ESI, submitted a letter to SHPO on September 22, 2003. SHPO replied via a letter dated November 6, 2003 and indicated that they are aware of no historic resources that would be affected by the project. A copy of this letter is enclosed with this submittal. Federal Threatened and EndanQered Species The most recent list published by the US Fish and Wildlife Service (USFWS) is dated January 29, 2003 and contains a list of the Threatened and Endangered species that have ranges that extend into Nash County. These species include the red-cockaded woodpecker (Picoides borealis), dwarf wedgemussel (Alasmidonta heterodon), and the Tar spinymussel (Elliptio steinstansana). A review of the records kept by the N.C. Natural Heritage Program (NHP) on September 15, 2003 revealed no known occurrences of the red-cockaded woodpecker or the Tar spinymussel within 3.0 miles of the project study area. One occurrence of the dwarf wedgemusel was documented within 3.0 miles of the project study area in Stony ~reek west of the town of Nashville. A habitat assessment revealed no suitable habitat in the project study area for red- cockaded woodpecker, dwarf wedgemussel, or the Tar spinymussel. Biological Conclusion --- No Effect Federal Species of Concern The January 29, 2003 USFWS list also includes a category of species designated as "Federal species of concern" (FSC). The FSC designation provides no federal protection under the ESA for the species listed. NHP documents three occurrences of FSC within 3.0 miles of the project site, yellow lance (Elliptio lanceolata), yellow lampmussel (Lampsillis cariosa), and the pinewoods shiner (Lythrurus matutinus). All three of these FSC species were documented in Stony Creek to the east and west of the town of Nashville. There are no suitable habitats in the project study area for these three FSC species, therefore no detrimental effects are anticipated. State Protected Species Plant and animal species which are on the North Carolina state list as Endangered (E), Threatened (T), or Special Concern (SC), receive limited protection under the North Carolina Endangered Species Act (G.S. 113-331 et seq.) and the North Carolina Plant Protection Act of 1979 (G.S. 106-202 et seq.). I I I I I I I I I I I I I I I I I I I NHP documents four occurrences of state protected species within 3.0 miles of the project site, the Neuse River waterdog (Necturus lewis/), triangle floater (Alasmidonta undulata), Squawfoot (Strophitus undulatus), and the notched rainbow (Villosa constricta). All four of these state protected species were documented in Stony Creek to the east and west of the town of Nashville. There are no suitable habitats in the project study area for these four state protected species, No impact to this community type will result from project construction, therefore, no detrimental effects are anticipated to them. 5.0 Conclusion Eighteen single family lots are proposed on the undeveloped site. The applicant is proposing to fill <0.10 acre (0.095ac) of successional wetland fringe and 0: 11 ac of open water. The open water impact is to a man-made irrigation pond and is necessary for safety reasons. No impacts to protected species will occur. Approximately 914 square feet of Zone 2 within the Tar-Pamlico buffer will be impacted. Affects on the environment are minimal and comply with Section 401 and 404 allowable uses and permitting regulations. I I I I I I I I I I I I I I I I I I I 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 "NIA".) I. Processing 1. Check all of the approval(s) requested for this project: t2] Section 404 Permit t2] D Section lO Permit D t2] 40 1 Water Quality Certification Riparian or Watershed Buffer Rules Isolated Wetland Permit from DWQ 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: D 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: D 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: D II. Applicant Information 1. Owner/Applicant Information Name: Norman Davis Mailing Address: 410 Woodfield Drive Nashville. NC 27856 Telephone Number: 252-903-8600 E-mail Address: Fax Number: 252-442-0239 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: Mike Stocks. P.E. Company Affiliation: Stocks Engineering. P .A. Mailing Address: P.O. Box ll08 Nashville, NC 27856 Telephone Number: 252-459-8196 Fax Number: 252-459-8197 E-mail Address:mstocks@stocksengineering.com Page 5 of5 I I I I I I I I I I I I I I I I I I I III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. l. Name of project: Birchwood Drive Site: l8 single family lots 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: Nash Nearest Town: Nashville Subdivision name (include phase/lot number): Birchwood Village Directions to site (include road numbers, landmarks, etc.): From Nashville: take Hwv 58 South until it becomes South First Street. South First Street crosses a set of railroad tracks. after the tracks. turn left on East Birchwood Drive near the Nashville Praise and Worship Church. Turn left at the East Birchwood Drive/ Old Wilson Road intersection. Site is on the right. 5. Site coordinates, if available (UTM or Lat/Long): N35.963980 W077.95700o (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): 5.78ac 7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed Tributary to Stony Creek 8. River Basin: Tar-Pamlico River Basin (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 currently undeveloped and consists of a Page 60f6 I I I I I I I I I I I I I I I I I I I maintained pasture with small trees and shrubs surrounding an approximate O.llac irrigation pond. There is a linear wetland that runs along the eastern boundary of the project site toward an offsite pond. The site is surrounded by low density residential development. 10. Describe the overall project in detail, including the type of equipment to be used: Develop residential lots on the property and to fill in the small pond on the property to eliminate any potential safety hazards. Typical construction equipment. backhoes. etc. 11. Explain the purpose of the proposed work: Fill the abandoned irrigation pond for safety reasons. and to facilitate the construction of two private. single family 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. US ArmY Corps of Engineers site visit: November 25. 2003 Action ID # 200420318 Approved iurisdictional determination December 30. 2003 Action ID # 200420318 DWQ Riparian Buffer Review on October 27. 2003 DWQ # NBR 03-234 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 Page 7 of7 I I I I I I I I I I I I I I I I I I I 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: Fill an approximate 0.11ac man-made irrigation pond. Fill approximately O.095ac of successional wetland along the fringe of a linear forested wetland. 2. Individually list wetland impacts below: Wetland Impact Area of Located within Distance to Site Number Type of Impact* Impact IOO-year Floodplain** Nearest Stream Type ofWetland*** (indicate on map) (acres) (yes/no) (linear feet) 1 Fill 0.095ac +1- 740' successional fringe 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 floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at htto:/lwww.fema.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: O.52ac Total area of wetland impact proposed: 0.095ac 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? (indicate on map) (linear feet) Before Impact (please specify) * List each impact separately and identify temporary impacts. Impacts include, but 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), Page 8 of8 I I I I I I I I I I I I I I I I I I I stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at \"\VW,USgS,gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.toDozone.com. www.maoQuest.com. 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 Water Impact Area of Name of Water body Type of Waterbody Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound, (indicate on map) (acres) bay, ocean, etc.) Pond 1 Fill 0.11 N/A Irrigation pond * List each impact separately and identify temporary impacts. Impacts include, but are 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 Describe the method of construction (e.g., dam/embankment, excavation, draw-down valve or spillway, etc.): NI A D wetlands installation of Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): NI 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. The 0.095ac wetland impact is for residential housing construction. No other wetlands will be impacted. The O.llac pond is to be filled for safetv reasons. The impacts are necessary for the applicant's purpose and need to be met. All remaining Section 404 wetlands have been avoided and will remain undisturbed. Page 9 of9 I I I I I I I I I I I I I I I I I I I VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. . USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h20.enr.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 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. None proposed. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h20.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): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Page 10 of 10 I I I I I I I I I I I I I I I I I I I IX. X. Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): 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 0 No [gI 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 A1SEP A)? Note: If you are not sure whether a NEPAlSEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes 0 No [gI If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes 0 No [gI 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 )? Yes [g] No D 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 (square feet) Mitigation 1 3 2 914 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 11 of 11 I I I I I I I I I I I I I I I I I I I 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. This activity is exempt. 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. Total impervious area included street and approximate built upon area for each lot. Site = 5.78ac 23% Impervious The stormwater will be handled bv the following: Outlet structures taking street runoff will discharge across a rip-rap dissipater pad and then sheet flow into a natural wetland area. One additional drainage structure will sheet flow through 75' ofa wetland area before reaching an off-site pond. Information obtained from the proiect engineer. 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. Town of Nashville sanitary sewer system. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (l5A NCAC 2H .0500) or any Buffer Rules? Yes D No [gI Is this an after-the-fact permit application? Yes D No [gI 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 Page 12 of 12 " I I I I I I I I I I I I I I I I I I 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 /' J-/a.oy Applicant/Agent's Signature Date gent's signature is valid only if an authorization letter from the applicant is provided.) Page 13 of 13 - , , , , , , , , , , , , , , , , , , , . , J 'b ~ "'"..... .;.."...'IJ - ,.'~..~.:.~.>:.~..~;.<: .:I:~., II .Zl ':(~ 012 Z~ <(~ f- Vl U:01:<iEEEfOE 2 v E C'c'c'c J g.c .2 ~:5i~'i'ij~<'i (/) ...:C'in":"-;<<i "":a:ioi e ." ... No ~:3 ~- ~\oi .tf !~' ::?/ I , I I : I I "'u' Q, I I --- ~.., ....----- "'- ~\t"i '" Q,- ~':t1 @ S- J~cif6 6l"'E. \,0 1. 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NC 27856 Telephone Number Authorized Agent Environmental Services. Inc.. Attn: Jeff Harbour AddreSs 524 New Hope Road Raleigh. NC 27610 Telephone Number 919-212-1760 Property Owner Address Size and Location of Property (waterbodv. Hh~hwav name/number. town. etc.): The 'property is located on the north side of Birchwood Drive, adjacent to Birchwood Meadows (section 1), approximately. 2/10 of a mile from its intersection with NC Hwy. 58, adjacent to Stony Creek in Nashville, Nash County, North Carolina. Basis for Determination: Based on a field visit conducted by Kevin Yates on November 25,2003. Indicate Which of the Followin2: Applv: _There are waters of the U.S., to include wetlands, on the above described property which we strongly suggest should be delineated and surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make a final jurisdictional determination on your property. _Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely delineation of the wetlands. Once the consultant has flagged a. wetland line on the property, Corps staff will review it, and, if it is accurate, we strongly recommend that you have the line surveyed for fmal approval by the Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey. -LThe waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the Corps jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. * Note: In future, please place vicinity map on plat. * Placement of dredged or fill material in wetlands 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 p~operty restricted entirely to existing high ground. If you have any questions regarding the Corps of Engineers regulatory program, please contact Kevin Yates at telephone number (919) 876 - 8441 extension 30 Project Manager Signature ~ ~/ Date. December 30. 2003 iration Date December 30. 2007 SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM. I I I I I I I I I I I I I I I I I I I A licant: Norman Davis Attached is: INITIAL PROFFERED PERMIT Standard Permit or Letter of ermission) PROFFERED PERMIT Standard Permit or Letter of ermission) PERMIT DENIAL X APPROVED JURISDICTIONAL DETERMINATION PRELIMINARY JURISDICTIONAL DETERMINATION Date: 12-30-03 See Section below A B C D E A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. · ACCEPT: If you received a Standard Penn it, you may sign the pennit document and return it to the district engineer for final authorization. If you received a Letter ofPennission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Pennit or acceptance of the LOP means that you accept the pennit in its entirety, and waive all rights to appeal the pennit, including its tenns and conditions, and approved jurisdictional detenninations associated with the pennit. · OBJECT: If you object to the pennit (Standard or LOP) because of certain tenns and conditions therein, you may request that the pennit be modified accordingly. You must complete Section II of this fonn and return the fonn t(j the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the pennit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the penn it to address all of your concerns, (b) modify the pennit to address some of your objections, or (c) not modify the pennit having detennined that the pennit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered pennit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit · ACCEPT: If you received a Standard Pennit, you may sign the pennit document and return it to the district engineer for final authorization. If you received a Letter ofPennission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the pennit in its entirety, and waive all rights to appeal the pennit, including its tenns and conditions, and approved jurisdictional detenninations associated with the penn it. · APPEAL: If you choose to decline the proffered pennit (Standard or LOP) because of certain tenns and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the fonn to the division engineer. This fonn must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial ofa pennit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the fonn to the division engineer. This fonn must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved lD or provide new information. · ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved ID. · APPEAL: If you disagree with the approved ID, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this fonn and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary lD. The Preliminary lD is not appealable. If you wish, you may request an approved lD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the lD. I." I REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) I I I I I I I I I ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you ma rovide additional information to clarify the location of information that is alread in the administrative record. 1 I If you only have questions regarding the appeal process you may also contact: Mr. Arthur Middleton, Administrative Appeal Review Officer CESAD-ET-CO-R U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 9M15 Atlanta, Geor ia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. 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L 1'?;7: Ln H'9!:: 9n tt'911 sn t~'~t tl1 tL.t~ s:n - t1'9t ~n ts.~t m H'?;~ on LS'9S 61 H'S~ 91 0~'6Z Ll H'O~ 91 ~l'Cl S1 91'9Z t1 9Z'9 ~1 S9'Sl ~1 69'S~ n HJ.f)N31 3NI1 318V.L 3NI1 -'- - -- - -- - - - - - - -- - - - - I I I I I I I I I I I I I I I I I I I -" Mlcnaell". t:asley, uovemor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Colleen H. Sullins, Deputy Director Division of Water Quality November 6, 2003 Environmental Services, Inc. C/o Jeff Harbour 524 New Hope Road Raleigh, N.C. 27610 Subject: Property located at Old Wilson Road & Birchwood Drive Unnamed Tributrary to Stoney Creek Nashville, Nash County NBR 03-234 Dear Mr. Harbour: On October 27,2003, Mr. Mike Horan of the Division Of Water Quality (Central Office) conducted an on-site determination to review two possible pond features located on the subject property for applicability to the Tar-Pamlico Buffer Rules (15A NCAC 2B .0259). The features are labeled as A and B on the attached map initialed by Mr. Horan. During his site visit, the features represented on the Nash County Soils and the Nashville USGS topographic maps were evaluated to determine their subjectivity tothe Rule. It was determined that there are two ponds represented as streams on the USGS map for this property and an additional stream feature depicted on the soils map. Mr. Horan evaluated the ponds and determined that feature "A" was possibly an old irrigation and/or aesthetic pond that was constructed some time ago. Feature "B" is a pond and is connected to the unnamed tributary. Therefore it was determined that the pond labeled as A on the attached map is not subject to the Tar-Pamlico Buffer Rule. Feature B is subject to the Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code 15A:20B.0259. It should be noted that the associated buffers should be identified on any future plans for this property. This letter addresses only those issues involving the riparian area. For information relative to other impacts, 401/404, or wetland issues, please contact Mr. John Dorney at 919-733-1786. Thank you for your attention to this matter and if this Office can be of any other assistance or if you have additional questions, please do not hesitate to contact me at 919-571-4700. ~~- Steve Mitchell Environmental Scientist Cc: Mike Stocks, 802-8 East Washington St., Nashville, NC 27856 Mike Horan RRO File Central Files Raleigh Regional Office 1628 Mail Service Center Water Quality Section Raleigh, NC 27699-1628 .&.~ _t~ NCDENR phone (919) 571-4700 Customer Service facsimile (919) 571-4718 1-877-623-6748 vii I 10.. LlVUI .!9/03 ..lge 2 of 2 I Ii I I I I I I I I I I I I I I I I I -~>i I:~ ~.. f. ~ if ~\ Ps ~; ';~r .~ . !is . /'- s \J)~ ot:! .....trj t-<", (");> o~ z~ ~s:: ~trj <z ;>~ ~o ......"%j 0;> ZC) \J)~ tt:l....... ~o <c -t-< &3>-3 C ~ trj I I I I I I I I I I I I I I I I, ~t ;.. I .~: I ~ . I North Carolina Department of Cultural Resources State Historic Preservation Office David L. S. Brook, Administrator Michael F. Easley, Governor Lisbeth C. Evans. Secretary Jeffrey J. Crow, Deputy Secretary Office of Archives and History Division of Historical Resources November 6, 2003 Scott Seibel, RP A Archaeologist/Senior Scientist Environmental Services, Inc, 524 New Hope Road Raleigh, NC 27610 Re: Proposed Construction of Single Family Lots on the Birchwood Drive Site Off NC 58, Nashville, Nash County, ER03-2606 Dear Mr. Selbel: 1bank you for your lette~ of September 22, 2003, concerning the above project. We have conducted a review of the proposed undertaking and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the undertaking as proposed. . The above comments are ma~e pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. In all future communication concerning this project, please cite the above- referenced tracking number. Sincerely, ~~.&uP-fuJkJ ~dBrook . . 0 'NISTRA TION 'RATION ., " PLANNING Locadoa 507 N. BIoont St. Raleigh NC SISN. Blount St. Raleigh NC S I 5 N. Blount St. Raleigh NC www.hpo.dcr.state.DC.US Mailiog Add~ 4617 Mail Service Center. Raleigh NC 27699-4617 4617 Mail Service Center. Raleigh NC 27699-4617 4617 Mail Service Center. Raleigh NC 27699-4617 TdepboaelFax (919) 7334763 .733-8653 (919) 733~S47 .7154801 (919) 733~S45 .715-4801