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Home My WebLink About20040643 Ver 1_COMPLETE FILE_20040419 MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: WQ Supervisor: Date: Alan Johnson RAY Gleason SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS RVE TRIBUTARY TO County Cabarrus Region Is Wetland Rating Sheet Attached? 0 YON Did you request more info? 0 Y @ N Have Project Changes/Conditions Been Discussed With Applicant? @ YON Is Mitigation required? @ YON Recommendation: @ Issue 0 Issue/Cond 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Staff visited the site on March 23, 2004 Six temporary stream crossings are proposed for the construction of a sewer line. Four permanent stream crossings are proposed to allow for road construction. Three stream crossings were determined to be mitigatable The stream/road crossing at the rear of the development was determined not to be mitigatable One-hundred (100) feet of impact is proposed for each crossing, this includes rip rap being placed in the channel The site is located approximately 1 mi. south of Highway 49 on Rocky River Rd. in Cabarrus County The site in general may be described as a scrub forest The site appears to have been logged or used for other agricultural purposes The streams did not appear to be "high" Quality, however, crayfish and salamanders were observed. Recommend approval Issued by MRO. cc: Regional Office Central Office Page Number 1 a.' of( W A T/2fy &"~c.- CI) !~)" - 1 > i ' ' ::j p'~ "" Michael F. Easley. Governor William G. Ros..~ Jr.. Secretary North Carolina Department orEnvinmment and Nntul1ll Resources Alan W. Klimrk. r.E.. Dircctor Division orWatcr Quality Colecn H. Sullins.. [)cputy Dircetor Division or Watcr Quality July 6, 2004 DWQ# 04-0643 Cabarrus County Mr. Alec Fite Dan Moser Company P.O. 350 Mineral Springs, NC 28108 WETLANDS 1401 GROUP JUL 1. 22004 WATER aUA1.J7'v tt,f!" ' , 1 ~CTION APPROVAL of 401 Water Quality Certification with Additional Conditions, Ecosystem Enhancement Program Dear Mr. Fite: You have our approval, in accordance with the attached conditions and those listed below, to impact 300 linear feet (If) of unnamed tributary to Coddle Creek in order to construct the Hearthwood Subdivision in Cabarrus County, as described in your application received by the Division of Water Quality (DWQ) on April 19, 2004. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3402, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. The above noted Certification will expire when the associated 404 permits expire unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby responsible for complying with all conditions. 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 401/Wetlands Unit web site at http://h20.enr.state . nC.us/ncwetlands. 2. We understand that you have chosen to contribute to the Ecosystem Enhancement Program (EEP) in order to compensate for the impacts to streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC 28 .0242(7), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H .0506{h) and 15A NCAC 2B .0233(10). Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program), the stream impacts shall not occur. Ms. Deborah Anderson should be contacted at (919) 715-2227 if you have any questions concerning the EEP. You have one month from the date of this Certification to make this payment. For accounting purposes, this Certification authorizes the permanent impact of 300 linear feet of perennial stream in the Yadkin River Basin (Cataloging Unit 03040105), and 300 If of stream mitigation is required. ~Carolina .No/urn/I!! A~f1 ~..:.-. NCDENR N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mall Service Center, Raleigh, NC 27699.1650 (Mailing Address) 2321 Crabtree Blvd, Raleigh, NC 27604-2260 (Location) (919) 7:B-17llfi {nhnnet 919-7:B..nllq~ {fuxt (ht1n'/!h2n,enr,<tate nClI<ncncetbncl,) t' 41 . 3. The culverts required for this project shall be installed in such a manner that the original stream profiles are not altered (Le. the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions (including the pattem and profile) are to be maintained above and below locations of each culvert. The culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes are installed in a perched manner, the pipes shall be removed and re-installed correctly. 4. 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. 5. 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 shall be performed so that no violations of state water quality standards, statutes, or rules occur. 6. Erosion and sediment control practices must utilize Best Management Practices (BMP) and be in full compliance with all specifications goveming the proper design, installation, and operation and maintenance of such BMP in order to protect surface water standards: a. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow pit sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. b. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. c. The reclamation measures and implementation of these measures must be in accordance with the requirements of the Sedimentation Pollution Control Act. 7. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion Control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date the Division of Land Resources has released the project. 8. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of Completion" form to the 401NVetlands Unit ofthe NC Division of Water Quality. Please send photographs upstream and downstream of each culvert site to document correct installation along with the Certificate of Completion form. 9. Continuing Compliance. Mr. Alec Fite of the Dan Moser Company shall conduct its activities in a manner consistent with state water quality standards (including any requirements for compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ determines that such standards or laws are not being met (inCluding the failure to sustain a designated or achieved use) or that state or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify Mr. Alec Fite and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Alec Fite in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. -.- -.'_._---~-_. . " - .. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Alan Johnson in the Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, j)~~ Alan W. Klimek, P.E. AJ/aj Attachments cc: Army Corps of Engineers, Asheville Cyndi Karoly, Wetlands Unit Tony Johnson, Cabarrus, Env. Protection Tamp Bandy,Wetland Natural Resources Central Files File Copy t' 04-0643 NORTH CAROLlNA-DIVISON OF WATER QUALITY 401 WATER QUALITY CERTIFICATION SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 2 H .0500, Mr. Alec Fite of the Dan Moser Company, has permision as outlined below to permanently impact 300 linear feet of perennial stream in order to construct the Hearthwood Subdivision in Cabarrus County, North Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENT, ECOSYSTEM ENHANCEMENT PROGRAM LOCATION: Hearthwood residential subdivision COUNTY: BASIN/SUBBASIN Cabarrus Yadkin (03040105) Impacts: 300 linear feet of perennial stream As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands as outlined below prior to conducting any activities that impact or degrade the waters of the state. Mitigation: 300 linear feet of perennial streams is required by the EEP for the 401 Water Quality Certification. In correspondence dated June 10, 2004, the EEP indicated that up to 600 linear feet of stream mitigation will be accepted by the EEP if necessary for the 404 Permit. Note: Linear foot requirements proposed to be mitigated through the Ecosystem Enhancement Program (EEP) must be rounded to the nearest foot and acreage requirements must be rounded to one-quarter acre increments according to 15 2r .0503{b). One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee to the Ecosystem Enhancement Fund per NCAC 2R .0503. If you choose this option, please sign this form and mail it to the Ecosystem Enhancement Fund at the address listed below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE EEP. Sianature Date ECOSYSTEM ENHANCEMENT PROGRAM DIVISON OF WATER QUALITY 1619 Mail Service Center RALEIGH, N.C. 27669-1619 {919} 733-5208 MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: WQ Supervisor: Date: Alan Johnson Rex Gleason SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS County Cabarrus County2 Region MitiQation Is Wetland Rating Sheet Attached? 0 YON Did you request more info? 0 Y @ N Have Project Changes/Conditions Been Discussed With Applicant? @ YON Is Mitigation required? @ YON Recommendation: @ Issue 0 Issue/Cond 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Staff visited the site on March 23, 2004 Six temporary stream crossings are proposed for the construction of a sewer line Four permanent stream crossings are proposed to allow for road construction Three stream crossings were determined to be mitigatable The stream/road crossing at the rear of the development was determined not to be mitigatable. One-hundred (100) feet of impact is proposed for each crossing, this includes rip rap being placed in the channel The site is located approximately 1 mi. south of Highway 49 on Rocky River Rd. in Cabarrus County The site in general may be described as a scrub forest The site appears to have been logged or used for other agricultural purposes The streams did not appear to be "high" quality, however, crayfish and salamanders were observed Recommend approval Issued by MRO t)ltID~ cc: Regional Office Central Office Page Number 1 wi;i~~~G:R~~'~:.: ~:::; .{J \ North Carolina Department of Environment and Natura.l Resources '( () Alan W. Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality Mr. Alec Fite Dan Moser Company PO Box 350 Mineral Springs, NC 28108 WETLANDS / 40 May 27, 2004 1 GROlJPabarrus County JU ~ . DWQ # 04-0643 1\1 () 2 2004 WA TER QUALITY SECTION Dear Mr. Fite: On April 19, 2004, the NC Division of Water Quality (DWQ) received your application fQr a General 401 Water Quality Certification for the Hearthwood Development in Cabarrus County. On March 23, 2004, Mr. Alan Johnson with this office conducted a site inspection at the subject site. During the site visit it was noted that aquatic biota was observed in the stream channels identified on your Pre- Construction Notification form. Because of the presence of aquatic species, mitigation will be required. Per your application it was noted that an application has been submitted to the Ecosystem Enhancement Program (EEP) to mitigate for the impacts. As of this date verification of acceptance from the EEP has not been received. Until the OWQ is notified that the EEP will accept payment for the impacts, this office is requesting (by copy of this letter) that the Corps of Engineers place this project on hold. Also, this project will be placed on hold for our processing pursuant to 15A NCAC 2H .0507(h). Thank you for your prompt attention to this matter. If you have any questions, please contact Alan Johnson at (704) 663-1699 or Cyndi Karoly in Raleigh at (919) 733-9721. Sincerely, ~ ) ~~~, Nt g~J[r/Y'(\~ tn D. Rex Gleason, P. E. \ Water Quality Regional Supervisor cc: Steve Chapin- COE, Asheville Ron Ferrell, EEP Cyndi Karoly - Wetlands Unit File Copy Central Files )7-' Tamp Bandy-consultant N.?,IthCarolina /Vall/roll!! 61:1 NCOEFii N. C. Division of Water Quality, 401 Wetlands CertificatiOll unit, 1650 Mail Service Center,.Raleigh, NC 27699-1650 (Mailing.Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (Q1Q) 71:l-17116 {nhone\. Q1Q.7:l:l-liRQ:l (mx). (httn: h2,'-"nr~t:lte,nc,lI~;nc\\"etl,lOcl~) ~ r Triage Check List /rvYJ k: ' ProjectNlUlle: :;;~~ To :5~'-Y 7;{ ~ DWQ#: /JC/ A&4<-:3 County: c;;t r r/./ S Date: 271?/~,Ol/ From: o ARO Q FRO (0. MRO Alan Johnson o RRO . SteveMi,.,n fJar7/1 /~ ~/--Pt. Telephone: (919) 7- '3 '3 '- 9 ~ To: Mike Parker' Ken A veritte o WaRO o WiRO o WSRO Tom Steffens Noelle Lutheran Daryl Lamb The iIle attached is being forwarded to YQur for your evaluation. Please call if vou needa.ssid.A!,I'~ ,=,,-,.., . 0 Stream length impacted o stream determination o Wetland detennination and distance.to blue.line surface waters on USFW topo maps o Minimization/avoidance issues o Buffer Rules (Neuse, Tar-P~co, Catawba, Randleman) o Pond fin o Mitigation Ratios o Ditching o Are the stream and or wetland mitigation sites available arid viable? o ' Check drawings for accuracy o Is .the application consistent with pre-application meetings? o ' Cumulative impact concern r::enL~::e25~i~~~I!:~~I/ ~. !::cn ~y p'd ~[,:~~~~, . WH~ '040643 .--"",- & Wetland and Natural Resource Consultants, Inc. ~~ ~ '!'!J': .. t~t::ifJ.{ ........... ..... Apri I 16, 2004 US Army Corps of Engineers Attn: Mr. Steve Chapin 151 Patton Ave, Room 208 Asheville, North Carolina 28801-5006 NCDWQ Mr. J oh n Dorney 2321 Crabtree Blvd., Suite 250 Raleigh, NC 27604-2260 WETLANDS /401 GROUP APR 1 9 2004 WATER QUALITV SECTION Re: Dan Moser Company, Rocky River Road Site (Hearthwood Subdivision) Cabarrus County, North Carolina Mr. Chapin: The purpose of this correspondence is to request authorization for impacts to regulated streams and wetlands for Dan Moser Company, for the proposed Hearthwood Subdivision. Field assessments for extents of jurisdiction and importance calls were made on a site visit with both Mr. Chapin of the US Army Corps and Mr. Allen Johnson of the Mooresville, NCDWQ on March 23,2004. All appropriate delineation dataforms and field documentation have been submitted to the Army Corps. Permanent impacts requested under Nationwide Permit 39 associated with the development include 0.013 acre of wetland for lot fills, and 300 linear feet of stream impacts for road crossings to access high ground. Stream Crossing 1 was assessed to be intermittent and allowable under Nationwide Permt 39. Stream crossings 2 and 3 were assessed to be Corps perennial and important. Additionally, six temporary stream impacts associated sewer utility line construction are proposed under Nationwide Permit 12. Temporary stream bed impact location are shown on the attached maps. Mr. Johnson determined that all stream crossings are assessed to be perennial impacts due to the presence of salamanders; therefore, the client proposes to purchase 300 linear feet of stream mitigation credits from the EEP. Feel free to call with any questions that you may have. Best regards, cJ~ 6-~ , Tamp Bandy ~ Newton Office PO Box 224 Newton, NC 28658 828-465-3035 828-465-3050 Fax wnrinc.com Oyde Office 217 Paragon Parkway. #142 Clyde, NC 28721 828-627-005 1 828-627-0052 Fax Mar 04 04 09:51p ..J. Alec Fite Jr. (803) 802-5039 p.2 WH~ t ,\:// o mlllOO 000 0 oaornOJ CIIJorno o DDDJ[][]OIJlIIJDOO ~~.~~.-: '1~"7'" ~~~: :~~.: _.'::-~.'Jf" Department of the Army Wilmington District. Corps of Engineers Attn: Ken Jolly. Chief Regulatory Division PO Box 1890 Wilmington. North Carolina. 28402-1890 -and- NC Division of WatJi!.r Quality Attn: John Domey 2321 Crabtree Blvd. 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 Werlands and Waters of the US that are regulated by the Clean Water Act and t:he R.lvers and Harbors Act.. Federal and State agents are authorized to be on said property when accompanied by Wetland and Natural Resource Consultants. loc. staff. Wetland and Natural Resource Consultants. Inc. is authorizeC to provide supplemental information needed for permit processing at 'the request of the Corps or DWQ. Date: D~ I\r.,QS',-r' ~"""''f''J \4c:.",,..t"h~b~ (Qo....k.../ a.~".V"CU) "0 ~i-. ?as <':::l ~~l!/"''''\ S'f("; ""'bS) Nc. 1.. %\O~ =10 It - 'lS~~ -"21 &'2.. L"-~I1t':..""..,.. Q~ ~Oc.a.o..i Ct,-'~l ~C-~ () ~ ?..-O~ Property Owner I Applicant: Project: Name: Address: Address: Phone Number: Property Location: Owners Signature: N~n Office PO BOle 224 NewtOn. NC 28658 828--465-3035 828-465-3050 Fax wn,.inc.com Qyde Office 217 Paragon Parkway, #142 Clyde. NC 28n I 828-627-0051 828-627-0052 Fn WH~ Wetland and Natural Resource Consultants, Inc. Apri 116, 2004 Ecosystem Enhancement Program Attn: Mr. Jason Guidry 320 West Jones Street Raleigh, North Carolina 27603 Re: EEP Availability Request Hearthwood Subdivision, Dan Moser Company Yadkin River Basin, Cabarrus County, North Carolina Mr. Guidry: Wetland and Natural Resource Consultants, Inc. is requesting authorization for impacts to jurisdictional Waters of the u.S. associated with the construction a residential subdivision in Cabarrus County. The applicant is seeking authorization to impact 300 linear feet of perennial stream channels. Please provide written confirmation that your program can accept up to 600 linear feet of stream impacts in Yadkin Basin 03040105 County 025 as we are not certain of the final mitigation requirements that will be imposed by the NC Division of Water Quality or the US Army Corps of Engineers. Please call with questions or to discuss the project in further detail. Sincerely, ~-p/3-1J Tamp Bandy Copies U.S. Army Corps of Engineers Asheville Regulatory Field Office Attn: Mr. Steve Chapin 151 Patton Ave, Rm. 208 Asheville, North Carolina 28801 NC Division of Water Quality Wetlands Unit Attn: Mr. John Dorney 2321 Crabtree Boulevard, Ste 250 Raleigh, North Carolina 27604 Newton Office PO Box 224 Newton, NC 28658 828-465-3035 828-465-3050 Fax wnrinc.com Clyde Office 217 Paragon Parkway, #142 Clyde, NC 28721 828-627-0051 828-627-0052 Fax ..,~ ~ 7l''i'''i:t( '~ ~~.:$:;':~ ;;1!~~~r~~~' Copyright (C) 1997, Maptech,lnc. " \ \ "\ ) i -i - " .0309 NC DENR - DIVISON OF WATER QUALITY 2B .0300 YADKIN RIVER BASIN Name of Stream Description Classification Date Index No. Class Park Creek WS-II;HQW 08/03/92 13-17-6-3-(1) Park Creek Emerson Branch Emerson Branch Mill Creek Mill Creek A[ton Run wolt Meadow Branch Lady Branch Back Creek Fuda Creek Reedy Creek Delta Lake Crozier Branch Wallace Creek McKee Creek Clear Creek Caldwell Creek Irish Buffalo Creek Irish Buffalo Creek [Kannapolis Lake (Cannon Lake) ] Irish Buffalo Creek Funderburks Lake From source to a point 0.1 mile upstream of Cabarrus County SR 1615 From a point 0.1 mile WS-II;HQW,CA 08/03/92 upstream of Cabarrus County SR 1615 to Coddle Cr. 13-17-6-3- (2) From source to a point 1.2 WS-II;HQW 08/03/92 13-17-6-4- (1) miles upstream of mouth From a point 1.2 miles WS-II; HQW, CA 08/03/92 13-17-6-4-(2) upstream of mouth to Coddle Creek From source to a point 0.3 WS- II; HQW 08/03/92 13-17-6-5- (1) mile downstream of Cabarrus County SR 1609 From a point 0.3 mile WS-ll;HQW,CA 08/03/92 13-17-6-5- (2) downstream of Caba rrus County SR 1609 to Coddle Creek From a point 0.2 mile C 08/03/92 13-17-6- (5.5) upstream of N.C. Hwy. 73 to Rocky River ~'rom sou cce to Coddle Creek C 08/03/9/. 13-17-6-6 ~'rom source to Coddle Creek C 08/0:J /92 13-17-6-7 ~'rom source to Coddle Creek C 08/03/92 13-17-6-8 From source to Rocky River C 04/06/55 13-17-7 r9rom source to Back Creek C 04/06/55 13-17-7-1 From source to Rocky River C 04/06/55 13-17-8 Entire lake and connecting C 04/06/55 13-17-8-1 stream to Reedy Creek From source to Reedy Creek C 04/06/55 13-17-8-2 From source to Reedy Creek C 04/06/55 13-17-8-3 From source to Reedy Creek C 04/06/55 13-17-8-4 From source to McKee Creek C 04/06/55 13-17-8-4-1 From source to Reedy Creek C 04/06/55 13-17-8-5 From source to a point 0.5 WS-III 08/03/92 13-17-9-(0.5) mile upstream of Rowan County SR 1197 From a point 0.5 mile WS-III;CA upstream of Rowan County SR 1197 to Kannapolis Water Supply Dam 08/03/92 13-17-9- (1) From Kannapolis Water Supply C Dam to Rocky River 09/01/74 13-17-9-(2) Entire Lake and connecting C stream to Irish Buffalo 09/01/74 13-17-9-3 Creek 42 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''.) I. Processing 1. Check all of the approval( s) requested for this project: ~ Section 404 Permit D D Section 10 Permit D D 40 1 Water Quality Certification Riparian or Watershed Buffer Rules Isolated Wetland Permit from DWQ 2. Nationwide, Regional or General Permit Number(s) Requested:12 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 I. Owner/Applicant Information Name: City of Concord. do Dan Moser Company Mailing Address: Attn: Mr. Alec Fite PO Box 350 Mineral Spnnes. North Carolina 28108 Telephone Number: 704-843-2182 E-mail Address: Fax Number: 704-843-6811 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Tamp Bandv 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:wnrinc@aol.com ID. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and, roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full- Page I of? 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: Sewer Trunk to serve Tributary to Coddle Creek 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 5528556032.5528648839 4. Location County: Cabarrus Nearest Town: Concord Subdivision name (include phase/lot number): Hearthwood Directions to site (include road numbers, landmarks, etc.): From Hwv 49 east of charlotte. south on Rockv River Road. cross railroad overpass. propertv located across from school on east side of Rockv River Road 5. Site coordinates, if available (UTM or Lat/Long): 35020'48"N 80035'24"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): +1-125.4 Acres 7. Nearest body of water (stream/riverlsound/ocean/lake): UT to Coddle Creek 8. River Basin: Yadkin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site exists as abandoned ll2ricuItural fields and youn!! mixed mesic forests comprised primarily of vil1!:inia pine. sweet !!um. yellow poplar. and red maple. Y oun!! forested areas are of low diversity and relatively low habitat value. The primary uses of adiacent properties include residential. institutional. and abondoned a!!ricultural. 10. Describe the overall project in detail, including the type of equipment to be used: Typical excavation and earthmovin!! equipment. Temporary impacts for sewer line installation. 11. Explain the purpose of the proposed work: Provide sanitary sewer utility to subdivision 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. no known actions for this property. A site visit has been conducted with Mr. Steve Chapin of the US Army Corps and Mr. Allan Johnson with MooresviUe NCDWO at which meetin!!. the limits of iurisdiction and importance assessements were made 1 verified. 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 future impacts anticipated. Remainin!! channels and wetlands are to be preserved in common open space and tree save areas required by local ordinances or deed notifications. VI. Proposed Impacts to Waters ofthe United StatesIWaters ofthe 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 Page 2 of7 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: Impacts will include temporary stream bed excavation. installation of sewer line pipe. and fillin~ of trenches. Existin~ stream bed substrate will be utilized for bacfill to the maximum extent practicable. The minimum number of stream crossines necessary are to be utilized. and are dictated primarily by subsurface rock and topoeraphy. 2 I d..d II r I d. b I n IVI ua Iy 1st wet an Impacts eow: Wetland Impact Area of Located within Distance to Site Number Type of Impact 100-year Nearest Type of Wetland * * * (indicate on Impact* Floodplain** Stream (linear map) (acres) (yes/no) feet) nla * 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 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: +/-0.8 acres Total area of wetland impact proposed: nla 3 I d..d II r II . .tt d Itr b I n IVI ua IY 1st a mtermI ent an perenllla s earn Impacts eow: Stream Impact Length of Average Perennial or Site Number Type of Impact Stream Name * * Width of Intermittent? (indicate on Impact* (linear Stream Before (please specify) map) feet) Impact 1 temporary 10 UT to Coddle Crk 8 perennial 2 temporary 10 UT to Coddle Crk 8 perennial 3 temporary 10 UT to Coddle Crk 10 perennial 4 temporary 10 UT to Coddle Crk 2 perennial 5 temporary 10 UT to Coddle Crk 8 perennial Page 3 of7 6 I temporary I 10 I UT to Coddle Crk I 10 I perennial I List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). * Cumulative impacts (linear distance in feet) to all streams on site: 60 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and h fh US)bl any ot er water 0 t e . . eow: Open Water Area of Type of Waterbody Impact Type of Impact* Impact Name of Water body (lake, pond, estuary, Site Number (if applicable) (indicate on map) (acres) sound, bay, ocean, etc.) n/a * 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 D wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): nla Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement; etc.): nla Size of watershed draining to pond: nla Expected pond surface area: nla Vll. 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. Existinl! stream bed substrate will be utilized for bacfill to the maximum extent practicable. The minimum number of stream crossinl!s necessary are to be utilized. and are dictated primarily bv subsurface rock and tOPol!raphv. Page 4 of7 VIll. Mitigation DWQ - In accordance. with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9,2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/stnngide.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. All remainin!!: channels and wetlands (1700 If of streams and 1.1 acres of wetlands) survey located on the site are to be preserved in common open space and tree save areas as mandated by the local plannin!!: and zonin!!: ordinances. No additional compensatory mitit!ation requirements other than proposed avoidance. minimization. and preservaton are anticipated. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.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): nla Amount of buffer mitigation requested (square feet): nla Amount of Riparian wetland mitigation requested (acres): nla Amount of Non-riparian wetland mitigation requested (acres): nla Amount of Coastal wetland mitigation requested (acres): nla IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federaVstate) funds or the use of public (federaVstate) land? Yes D No ~ Page 5 of7 If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North <::arolina Environmental Policy Act (NEP A/SEP A)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes 0 No 0 it yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEP A or SEP A final approval letter. Yes 0 No 0 X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify nJa)? Yes 0 No ~ If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact Multiplier Required (square fcet) Mitigation 1 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. nJa 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 on site will not exceed 30 percent as determined bv the proiect en2ineer. 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. existine sanitarv sewer utility Page 6 of7 XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (l5A NCAC 2H .0500) or any Buffer Rules? Yes DNo ~ Is this an after-the-fact permit application? Yes DNo ~ 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 1breatened Species, accessibility problems, or other issues outside of the applicant's control). nJa ' c1~ A'!.~gent'sSign.tnre '1f~~'/ (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 7 of7 Office Use Only: Form Version May 2002 USACE Action ill No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing I. Check all of the approval( s) requested for this project: [2J Section 404 Permit D D Section 10 Permit D D 40 I 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 40 I 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 I. Ownerl Applicant Information Name: Dan Moser Companv Mailing Address: Attn: Mr. Alec Fite PO Box 350 Mineral Sprin2s. North Carolina 28108 Telephone Number: 704-843-2182 E-mail Address: Fax Number: 704-843-6811 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Tamp Bandv 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:wnrinc(a).aol.com ill. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full- Page I of7 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: Hearthwood Subdivision 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 5528556032. 5528648839 4. Location County: Cabarrus Nearest Town: Concord Subdivision name (include phase/lot number): Hearthwood Directions to site (include road numbers, landmarks, etc.): From Hwv 49 east of charlotte. south on Rockv River Road. cross railroad overpass. property located across from school on east side of Rockv River Road , 5. Site coordinates, if available (UTM or Lat/Long): 35020'48"N 80035'24"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): +/-125.4 Acres 7. Nearest body of water (stream/river/sound/oceanllake): UT to Coddle Creek 8. River Basin: Yadkin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site exists as abandoned 3!!ricultural fields and youn!! mixed mesic forests comprised primarily of vil1!inia pine. sweet !!um. yellow poplar. and red maple. Y oun!! forested areas are of low diversity and relatively low habitat value. The primary uses of adiacent properties include residential. institutional. and abondoned a!!ricultural. 10. Describe the overall project in detail, including the type of equipment to be used: The proiect will involve the construction of a sin!!le family residential housin!! subdivison. Impacts are dictated by the layout of the property includin!! utility lines and local requirements for entrance placements. Typical !!radill!! and earthmovin!! equipment will be utilized to complete lot fills and road crossin!!s necessary to achieve the econmic viability of the proiect. 11. Explain the purpose of the proposed work: Provide residential housin!! for the immediate area. 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. no known actions for this property. A site visit has been conducted with Mr. Steve Chapin of the US Army Corps and Mr. Allan Johnson with Mooresville NCDWO at which meetin!!. the limits of iurisdiction and importance assessements were made / verified. 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 future impacts anticipated. Remainin!! channels and wetlands are to be preserved in common open space and tree save areas required by local ordinances or deed notifications. VI. Proposed Impacts to Waters ofthe United States/Waters of the State Page 2 of7 It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream. channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Impacts will include the pipine: of channels for the construction of road crossine:s to access hie:h e:round. The minimum number or road crossine:s necessary to access buiIdine: lots are utilized. 2 I d"d II r t tl d' t b I n IVI ua IY IS we an Impac s eow: Wetland Impact Area of Located within Distance to Site Number Type of Impact 100-year Nearest Type ofWetland*** (indicate on Impact* (acres) Floodplain** Stream (linear map) (yes/no) feet) 1 fill 0.085 no 80 shrub / scrub 2 fill 0.049 no 10 un maintained ditch * 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 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: 0.8 Total area of wetland impact proposed: 0.013 3 I d.'d II r II . t d . I b I n IVI ua ly 1St a mtermltten an perenma stream Impacts eow: Stream Impact Length of Average Perennial or Site Number Type of Impact Stream Name * * Width of Intermittent? (indicate on Impact* (linear Stream Before (please specify) map) feet) Impact 1 pipe / rip-rap 100 ut to coddle 2 intermittent 2 pipe / rip-rap 100 ut to coddle 3 perennial 3 pipe / rip-rap " 100 ut to coddle 4 perennial Page 3 of? * I I I List each impact separatel~ and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 300 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 Area of Type of Water body Impact Type of Impact* Impact Name of Water body (lake, pond, estuary, Site Number (if applicable) (indicate on map) (acres) sound, bay, ocean, etc.) n/a * 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): 0 uplands 0 stream 0 wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): nla Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): nla Size of watershed draining to pond: nla Expected pond surface area: nla 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. Channel imoacts are minimum necessary for access to hi2h 2round. The minimum number or road crossiD2s necessary to access buildin2 lots are utilized. vm. Mitigation Page 4 of7 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 resollrce 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. I. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. All remainine channels and wetlands (1700 If of streams and 1.1 acres of wetlands) survey located on the site are to be preserved in common open space and tree save areas as mandated bv the local plannine and zonine ordinances. No additional compensatory mitieation requirements other than proposed avoidance. minimization. and preservaton are anticipated. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.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): 300 (see attached EEP letter) Amount of buffer mitigation requested (square feet): nla Amount of Riparian wetland mitigation requested (acres): nla Amount of Non-riparian wetland mitigation requested (acres): nla Amount of Coastal wetland mitigation requested (acres): nla IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federaVstate) funds or the use of public (federaVstate) land? Yes 0 No ~ Page 5 of7 If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North ,carolina Environmental Policy Act (NEP AlSEP A)? Note: If you are not sure whether a NEPAlSEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes D No D If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEP A or SEP A final approval letter. Yes D No D X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) r,esponsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify n/a)? Yes D No ~ If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact Multiplier Required (square feet) Mitigation I 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. n/a 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 on site not to exceed 30 percent as determined bv the proiect en2ineer. XIL 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. existin2 sanitary sewer utilitv Page 6 of7 XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ONo 121 Is this an after-the-fact permit application? Yes ONo 121 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). nJa d ~pi:~ent's Signature <f );!:Lf (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 7 of7 I - . I I I I I I / --- -- --- 150' -- -- I I I I I I Dan Moser Company I Hearthwood Subdivision Cabarrus County I NC Section 404 / 401 Permit Impact Map Stream Impact 1 (100 linear feet, Corps Int./ Unimportant I I I I I I I I I I III / II~ II // " I /; /, y // - ,,{ /, /, r I / , , / - - 100 feet Wetland Impact 1 (0.085 Acres) " Ig: I" " '" ,., , , ~ , , / / / Scale 1 inch / / ~ I 26 0.7 acres ~~o, ................ ,.bJ'Q.t- ~'<< , \ \ , , /~ / ,. / ,. //;:/ / JOB' \ ~\ / ( / o~a?res V) /-.. jy I \ \ Wetland Impact 2 (0.049 Acres) N02039' 36"E --- ,99.16' ............ , ','1 / /~ ( ;; / II II N '< I II ~ I I II II ~ \ 181 I II \ 1.0 acre~ \ \ I I \ I I 239' ,,' II ~ I \ \ I , 1 9 \ \ \ I ~ ~. ,9 - 0.6 acres \ ,~, , II \ 223' wi III Q'I 21 .1/)/ ' I, N O.B acres 1/,11 ~ 01'1 ~ if> 20, ~I ~ffi \ \I ~ I. 1.1 acres, '", I (f) IN ~ , ' lei ~ ~. \r'I ~. 0 ~ I , /, 011 N....... ~0~\L- _ _ .f--r 'J I J50' I I ~ / / / , S 420J; '\ \ \ \ \ 35 \ 0.6 acres j.. , \ , cj)<;"'/ \ ,7.9' \et/ \ ....... \ 36 \ \ / / / / J06 I V)I 851 C[)/ B a/ / 0/ ~/ iff .::::>/ C[)/ / , 24 0.9 acres / / / , - 2.4" 0.6 acres '\ ,"0, / '~-_//// ~ I j--\ / - \ I - ~\ / /.....-----<( \ /,,/ )// " y// ,;// '\- ,;,;~/ -~ --7 I~/ \ /)'\ ~ \ / \ / /~/,,/ / I / ~ //~ \ /' / / - - 23 0.8 acres 0.5 acres - -- -- -- -- 287' 22 0.7 acres I I \ \ / / \ 'Pi \ \ -.;r gil .url ~ I III ~ 11/ I \ \I~ /11/ 66 \ I lig III 0.9 acres 10.ZZ~ \ JI ~ ~ I 220' ~ I~ \ ~ \ - - II z IV) \ I \ I ~ I IS I oPo~es 0 I 14.111 I II 65 /U\I VI/ /"( 156' r, 0.6 ocres I tJ-1 "'~" / /-.1 '/ ' I I T ~~ 0, Q I .. IW ~ l't,fr- 89 ~ 'B /0 781 \~ I 225' If- I ~~~ J'I" . 1.0 acres I~ 05 ocres ~ p f, oP01es :~~: I ~ V,5' , / \::: 1/ / I Iw I I I-DC" I..... Is I I. 90 / I {, I 234' I)- I ~I ' " -210:"'" ' I '/ - '" 13 acres / 7 9 {I " I d / IW ~ I I " :; 0.5 acres 01' M h 3 1 z ;" I I ;" .,'\o~cc * '/.-:l /./ // 0 / ~ (f!I7!jl O.l/acres I~;: ~ : J;>" ~,;. >f-, /' / t- 1 (5 20., ~" , lUll I __ f) / \;'\1 ' , / / ~ I IE '!>II "J ~/I 243' I I..;: I 21a' , / \ W~ '/' / /. ,l 86 l,J 80 II I I I I~I~ ;" I 55 I ~.# / 91 ' f ' /. rJ.!vrJ. 1.50cres 1 ",0 /y / f " 62 1 ~I Ig:~ I 0.60cres I ~o ') / {)o h ""~ II"" 0.6 acres ,I "/,/2 7!,I'I~lf 0.7 acres I I Izl \(? I =- g \1'/ / 0,6 acres I ~ I' / / c'f'-. I I I = ....... ~tS''f- I II · '" J.. <i:>o~ ~.{>- I I II ,~ ' I I II ~I I , s~ ~ "" ~, ~ . ~ __ __ -- ,,:;'" 9 2 'I L ~ .:J~ ~ ~<v ." I r IE I I 252' I I ~ I 210' \ 0'0 1/ / 81 /,,/1 ~ 19 ",,/ I I I 00 \ 1n-1s1' 0.6 acres I t1 r '<5 ~ I ~ / 0,6 acres" I ,M I ::: 61 ~I ;" t:YfiA: 56 ' , r ,j I, ~ '-. ~ o~ ~ 85 / /1 /'1 f1 : ~ 0.7 acres .~I I ~ I 0.6 acres \ >o>:s.~N' 1"/ , '("R~ / ~'tY(y'i"<;)'<5 1.0 acres ~'>', /1 Ill' I~ '" II ~MH--- o,rjYf.,~- 1M 1 t' , \" If I " I 11 '" '" I I t: ~/11' M ~ \ \ 276' fji,/llI, W 4 5 ,zl' , " :; \~ 1/ I 264' \ \ I 46 ., ~I a - - ---- \"' '94 -)f:fnr \ '0;-/\ \ ,f;J.3~ / flt~ ~ ! 60 , .;' \ ,i5L ~ I ,.. =00 ~'f?,~ ,/.1 oc~ ' ' --- \ 1.0 ocr,,:<>1~, I, ~.~a~L 8 3 ~ 't'o, II I t;1 If 0.75 acres \ '\. \ '~jlll .. /</ ,1 I O.B ocres \ \~<" I I 121111// II \ I. ,~ 264' I 'II // \ /// M I " _--_ \ \j ,'I J:..;. j 285' \1 \ \ \ .~ ,~ I / \ /~~/ M I / /;;/--'::::-':::"--~7 '1- - /I~i I 'I' ~,~ / \ 58 : ~ I) B0rr~) J .--::./ I ,," / Vj - , 59 / \ B0\\: ..;;- / {;> , /./ '" I h"5 > ;" _ - - - II~I 1 \ 'i - I- 1.12 acres 120' 0;;;..-, ~/ / -<~~ < ~/ / "~'CJ /1 - 061' . I O.Bacres_ - - I ~ .-A'" 1'-' // <~~/ b' I / I' , , --.:;! r ~ _ -- I __ {;> ~v 0' ~ -- _// 11 acres /{If;; , I ,14.J 1111 -- I / _"9' ~ ,l,~~-J.3I...;_ss~ - .~-' +- - =&/ ,,:;0;/ ",'0/1", .",.,.. " --........"'-- ---f'::'::~:::/ )/ I ewer :t'j /.!i} / II,' j, ___~ ~- ,;::.- ..':-=-" - ~~\' -,- - ss T"T I ss ~ --=.SS "'\ < .-/ / '/ ~ / ').. '--c-: '"::5--"'~".-o -- 1// - 0 11 '........:_ ss-" ':;:;R'l'J N \ 0 - - - -" ~'j{I.h.1:~s~--- /6 313' I tJ X / PROP. TRAil \\' " /:' -:!.Li.;.,;;:;.....:, - ''', . IIB,,014'50"E I --- ~~ t:tiOB~ I ~B401:,'4~~_ / -- '::::::-~~6~ 2 Iff / S 4 II ~ '----- ' ' ~#/"~I\I.'j2' :;~~,f.,J ~,(),0{~N]~;o:gr-.lT- ~ \.-- .::::::-,;.---39 ; I~ ~o~cres ;" }W ewer, ____ ~L-j""--~,,,-:::~~ ~"''''~~b1 '\5"'tl :,'l..o,~~ \B. ''''-- -- . / " 5? ---- - ss""-- -"20'-ss\<. ,. \oI04''}.0, '4S"f., 00. o,rjl '- ____ '_ <~" - _ _~,,~--"'" "=---, ------=-=- ,,.; " \.\: \01'050:;0, ~"'tl o,'}.' nO' \' oJ / . -,~-"-~,,,-'- / 7AO~' 77" ' \.2: \oIO..,'}.o,\"rj V,,5'}.'~'O'i ...... ' , ,0 ,_' _::::-..~~~_ .e,IJrtt:.R __ / ~-\'}.\.i\I1 \.0,: 1'.",,0,70,00' \.",,5'}.' ~ " _ - - ;-~ss -;;:;:-~.,- \/'t.R\"i'- '< r- " ' ' 1'l8\0Q."QO~ - ~ -SZ "f., ~~. R"""'}./OO - ,- " , ...... ' '~ ---- ____, ' ' ,,"^ 0 /~ _ - ---'}.4\.90, 5B?:4 , r ---. _ ..- - ;. ,"""" R\\/ii0SIRt:.r '2~5}~~'-7 97.9\ \oIB\'~{~i~'t. , ' .,- ~ '/ ' .......... :::: ~ -=- -- \ Sewer 2 .". ,,~Z4,"9 -" _" - __-- ""~~' -"- ,- .,-/ --- "~"-~ cccR - _ _ _ ____ "7~~ aIJff~ - - V./ ,B'f,.'}.S \..i'- '< '" , ' .". ./' ,v o\/t:.R .,- ---- 4' / IS,Rt:.i'-,,^ ...... " ---- r'./ R\\/tt, -- ' ' -- ---- ,.../. .,- ---- \~ \ .,()~-- \\ 99 5<>''''' / ---- \ \ 1.0 acres Y / \ ", ~ /' "~ / / \ \~. . ~~. 4 _tIo!>~;'6't4, &,:t1 <o...:$-'-:P4' ,/~ ~ ,/ , \'" \'):l ~:v / ~ ;/ / \.z <Q\'))i.....;; U'/ /t "f., / \,'C.~y ,A /;{5< \oI47':;:;'~Z :fJ<\\~ '" ~ /'/ ------ 5'OY ",/ ~ / / --K"' ~/ - / , ~~ / ~/ ,1J,"f., ~ ~ ... \'I50~i5:;q" / .(\')~<"S ~ '.;?" " ./ <;) <0 / /\')\\J , ,:;/ " ~O <0 '- ./' '}.() "--\'I02.5'i~: \90,.9, 37 0.6 acres / / / Stream Impact 2 (100 linear feet) '0 oD .,; ~ 67 0.9 acres <8S- 200' \ I 0.. I~ 3< I~ ~ ..... N '" o Z 15 0.5 acres 2ar:f / / I ~ I '" I / I 1 39 o 200' 0.5 acres 44:;....; ,~" I'',i', \ 1 \ \ ~. ) 52 0.7 acres 50 0.7 acres .~ 2,.e:05 l' S\ \15,:1 v 0.\ ~\ 40 ~ 0.5 acres 0\ , s'i)~ .J.O -- ....... " ' ,....... ' \ \ ~ 13 0.5 acres ;- ., - \ \ ~ \ I I. \ \ \ I ----~ \ \ -------- \ \ _---L-~------ I, I \------- -~ \ -- \ ~I _---- --------------- III ------ _-------1 -- --- \' -------- ------------ \-. ---- I ---1 ----j--- \ ------T------- \ \~ :\ D \, \ _1_-- --- j------~ --- --- -- 0.1 Qres 11 ~ O.B acres ' 12 0.7 acres I 1 _20~SDE 1.., 53 0.5 acres 10 I'" ~ >'" I~ !oJ 49 0.6 acres -- -- -- 41 ------ 54 0.6 acres Ig I ;" I 1 48 0.7 ocres 42 ,/ / \ \ \ \ \ --I ----- - - 9 0.5 acres .~ :I'2-S02~ ~O ,:15.2 \4'; , , \ ~ \ \ ~ II, / I \ I \Y' , / \ \99' 246' 0.6 acres J1B6'24~4 ss - " - .. 564'05'14"W "'~ ss- ,,- 349.60"- ::) ~.~ , , __' _ ' --, ' SI)"t- - , _ k - , -- c:::J 2()_ - - ----?7 ,04' .-- ~-- _ _ -s84.,.'31.W - """0' 0 -~--- Wetland to be Preserved (0.02 Acres) \ \ ,; 47 1.0 acres \i'i I~ /1# <0 "s- co 43 0.6 ceres 09 .0-es /,?-cJ. ,(<(;-<0 /, Gj q,v, 44 ,; //' q 1.6 acres 6 0.6 acres 23 ' ~ \ I \ \ \ a l \ \ \ I '- \ - - , \ \ " -- _ _^, T" 30'REARYARO ---- ~ ,. - - - ~ \ \ \17. "'3 1 2 oJ ~ \ {' O.~, acres 0.6 acres c>> 0.6 acres t/lo' 0 N. P1\ Sewer 1 \ \ -- -- \ \ \ \ I \ \ \ I Do, 0' R~'O~~ \.-~\~-- \ 'S7"'tl, \0,4.\6 \ \ \ \ \ \ ,.' ~ '-." --- - ----- - - --- _ - -r-- " / , IJ,"'tl \'I06'5~~9:;' Wetland to be Preserved (0.67 Acres) \ \ Stream Impact 3 o (100 linear feet) I II 1\1 I ~ o EP 1/2 III S "'lS1~ t 136S EXIST. 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