20040699 Ver 1_COMPLETE FILE_20040427

MEMORANDUM

TO:

John Dorney
Non-Discharge Branch

Regional Contact:
WQ Supervisor:
Date:

J Steenhuis
R Shiver

SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS

Stream Impacts (ft.)

.
I

Mitiaation

Is Wetland Rating Sheet Attached? 0 YON Did you request more info? 0 YON
Have Project Changes/Conditions Been Discussed With Applicant? 0 YON

Is Mitigation required? 0 YON

Recommendation: 0 Issue @ Issue/Cond 0 Deny

Provided by Region: Latitude (ddmmss)

Longitude (ddmmss)

Comments:

i~;~'5~~bjections to the project as proposed under GC 3402. T Me ~ftift'Cali~1ilwa~"",,~

cc:

Regional Office
Central Office

Page Number 1

Facility Name

County

Project Number 04

0695

Regional Contact:
Date:

J. Steenhuis

Comments (continued from page 1):

cc:

Regional Office
Central Office

Page Number 2

,

./
'"

Date: . -;\,s(i)1

To:

o ARO
o FRO
o MRO
o RRO. Steve Mitchell .

9}l ~~

Mike Parker
Ken A ventte
Alan J obnson

D'WaRO
&WiRO
o WSRO

. .

Tom Steffens
Noelle Lutheran
Daryl Lamb

From:

Telepho;ne: (919) 7'3'3 --?}~

. '

T~e fIle attached.is being .f?rwarded t~.;:~~ur for yoUr . evaluation..
. . ~lease call if you ne~d .as~~stance. . .

o S~am length impacted . '.',
o Stream dete:rmination . .
. 0 W~t1aD.d determination and' disumce to blue~Iine sUrface waters on ~USFW topo maps
o Minimizatl6n1avoidancJ issues
. .' 0 Buffer Rules (Neuse; Tar.:.PamIico, Catawba, Randleman)
o P~ndfill .. .
o Mitigatio~ Ratios
o Ditc~g' .
0:' Are the stream andor wetland mitigation sites available and viable?
o . Cheek dra~gs for accuracy' . . .
o Is the application consistent.with pre-application meetings?
. 0 q,tmulative impact concern .

. '.

Comments:

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Office Use Only:

Form Versicm May 2002

USACE ~ctiOJ11D No. '- DWQ NofJ 4 0 699
I. proc::PomCuIa< hem is DOt applicable to this projeo~ please e'k iJfl3licJej j ]A"ol

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

Riparian or Watershed Buffer Rl.11es
Isolated Wetland Permit from DWQ

2. Nationwide, Regional or General Permit Number(s) Requested: N UJ P -:#= I ~

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

4. Ifpayment 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 Vln and check here: 0 ,'I It

5. If your project i~ 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 Conoern (see the top of page 2 for further details), check here: 0 N A

II. Applicant Information

1. Owner! A licant Information
Name: r-I e. L.
Mailing Address: I () 0 T I f= FAN fA
(~ A-R.NElC JJ. C, ~ 71)d.

WETLANDS /401 GROUP

TD~
C I~(' Lf:.:

Telephone Nwnber; q I q - 77:J. - .;z 45 3 Fax Nwnber: Z ~ ~ _ .;? l.;l. _ 01 .;1. (J
E~mailAddress: -/-he - ~a...rne.t" - rn€>r .tons <Q y __0_. c..o/}'j t9r
YV\CLr-4-h.o.... YY'. VY\Or--!-e", e? u.s . e lS+e.r...c..ol'Y)
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:
Company Affiliation:
Mailing Address:

Telephone Number:
E~mail Address:

Page 5 of 12

APR 1S '04 10:01

9102514025

PAGF.Vlf=>

-
,

IlL Project Information

At1ach a vicinity. map clearly showing the location of the property With respect to local
landmarks such as towns, rivers, and roads. Also provide a det~iled 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,
4npervious surfaces, or other facilities m1.J,st be included. Ifpossibl~ the maps and plan$ should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined, Plan drawillgs, 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 fonnat;
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 infonned that
the project has been placed on hold until decipherable maps are provided.

1. Name of project: Chlk1e< ~. )Y\OR-TON

2. T.lP. Project Number or State Project Number (NCDOT Only):

3. Property Identification l'fumber (Tax PIN): (J "-I k Y\ 0 t.-U t-J

4. Locationn' .
County: \..." (\-l r--t..~ (' e... {- Nearest To'WIl: A- T LAN T l C. R eAL.h ~
Subdivision name (include phase/lot number): &tf-de 1/ IE;;/ (" {fd1?1?5' /90bl77e'~~or 4
Directions to site (include road numbers, landmarks, etc.): TIf~ ~T wn-r If:.e<"', ~...nc
/Se-/k' // ro if /fc7?A-71JlA/. TGI/?/I/ RfG#r CJHTo j)EL-IC,;f'.v /Jell/#".. (t/(pN 'EEr- ~IVTO
~Ae/)I/Vh~ -TVRAJ J.-t;f'"FT ~,vr() (}()(j woo I> - :? eo. ~or gill I-cF'i':

S. Site coordinates, if available (UTM or Lat/Long): t 1 ~ k n i') LU N
(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.)

I r r, k
6. Propertysize(acres): ?,f"4rr "-/2tT"i? tJ7f//l/eOt ~ACRIT

7. Nearest body of water (streamlriverlsound/oceanllake): r+D C) P 1-bJ e.. (> t' e...eJc

8. River Basin: BOG- u.. E ~ f) LA ,''' d
(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/ma'Ps/.)

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this apPlica. tion: S. ~[r ~~ d~~ ~ t~; ~ ~+ ~O-L
~~;~r;bt~ ~~{ L :~I~~= =~=e=~'v~1=}O~~"1
; h ~ c.uJ u e r+ <9 Y) A d.J 4- c. e.-'1. -J- ?rDf>Ll^ -kf .

Page 6 of 12

APR 15 '04 10:01

9102514025

PAGE. 07

] 1.1lxp]~~ d~e ~ll1pos~e of the :T:sed wor~ ~~ J: 1:': t q:f ~ : t : :l1~~,t
.~; 1:>,,-, 1-~ +: ~'-d:: r:~ ,:~ cI: ~ ,,~ I ~ ~ .
I. I I

IV. Prior Project History

If jurisdictional detennin~tions and/or pennits have been requested and/or obtained for this
project (including all prior pha$es fthe same subdivision) in the past, please explain. Include
the USACE Action ID Number, Q Pr 'ect ber, application date, and date permits and
certifications were issued or wi dr wn. Pro de photocopies of previously issued permits,
certifications or other useful info at n De ' previously approved wetland, slream and
buffer impacts, along with ~soci ed . gatio (w re applicable). If this is a NCDOT project,
list anq describe pennits issije for 'or se ents of the same T.I.l> , project, along with
construction schedules,

V. Future Project Plans

Are any :f4ture peIl11it requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the CllIl'ent application.
AI (..., y) e

VI. Proposed Impacts to Waters of the United StateslWaters 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, pennanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying 'site
plan. All wetlands and waters, and all streams (imennittent and perenni~l) must be shown on a
delineation map. whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation fonns 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, plea$e attach a separate sheet. .

Page 7 of 12

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1. Provide a writteIl description of the proposed impacts:
) ~ l~~
/w~d.,<-

I
tp CL-nd
I 0 IOS

2. Individually list wetland impacts below:

Wet1anq Impact
Siic Number Type of Impact'"
indicate on ma

Located within
lOO~yea+ Floodplain*'"
es/no

Type of Wetland "'* *

... LiSt each iJ1lpactseparately:1pcJ identify temporary impacts. Impacts include, but arc not limited to: mechanized clearing, grading, fill,
excawtion. floOding, ditching/draillage, etc. For dams, separately lis~ impacts due to both Structure and flooding.
H IOO-Year floodplains are identified through the Federal Emergency Mano.sement Agency's (FEMA) Flood lnsurance Rate Maps
(FIR.M), or FEMA-apprpvod k>cal floodplain maps. M:1ps are available through the FBMA Map Service Center at 1-800-358-9616. or
online at lmo:l/www.fema.eo....
"''''... List a wetland type that I>est desoril>es wetl~nd to bo impaoted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate ifwetlnnd is isolared (detenI1i~ntion of isolation to be made by USACE only).

List the total ac=ge (estim'llOd) of all existing wetlands on!,e P,'Pperty: Itp.p. ~ ~ .('+
Total area of wetland impact proposed: Ar~ 4.-$0 ~ f-

3. Individually list all intermittent and perenni~l stream impacts below:

Stream Impact
Site Npmber
indicate on ma

Type of Impact*

Stream Nameh

Average Width
of Stream
Before I act

"/( list eac.!l impact separately ana identify temporary impacts. Impqcts iIlclude, but are not limited to: culverts and associated rip-rap,
dflms (separately list imp3cts due to both structure and flooding), relocation (incluqe linear fcet before nnd after, snd net loss/~n),
srabilieation ;1crivities (cement ~J, rip-rap, crib ""-all, gnbions, otc.), cxcavntion. ditching/straightening, etc. If stream relocation is
proposed. plans and profiles sho'Ving the line:lr footprint for both the origin:llllnd relocated streams must be included.
** Stream nOl'Tles can "0 found on USGS topographic maps. If a Stream has no name, list as UT (unnAmed tributary) to Ihe nearest
dOWJlSJream named stream into whic!) it flows. USGS maps are available through the USGS Sf 1-800-358-%16, or online at
W\\I\y.\IS~R...OV. Sever41 internet sites also allow direct download and printi"s of USGS maps (e.g., WWW.toDo7.onc.col"(!,
www.manQue:,!.col'lJ, etc.).

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

Nfr

Page 8 of 12

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4, Individually list all open water impacts (including lakes, ponds. estuaries. sounds, Atlantic
)Qcean and any other water oftl1e U.S.) below: .

Open Water Impa.Ct Area of Name of Water body Type of Water body
Site Number Type ofImpactlfo lmpact (lake. pond, estuary. sound,
(indicate on man) . (aores) (ifapp1ic~ble) bay, ocean, etc.)
A. { /'
d \ I If-
/. V
I(
. .

..

Ust each Impact separately and IdentIfy temporary Impaots. Impacts II\clude. b\.lt are not hmned to: fill, exe~vation. dredgmg,
f1ooq~g, drainage, bulkheads. ete.

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 lhis applioation,
Pond to be created in (check all that apply); 0 uplands 0 stream 0 wetlands
Describe the method of construction (e.g., dam! mbanJonent, excavation. installation of
draw-down valve or spillway. etc.):

Proposed Use or pUlpose of pond (e.g., Ii
local stonnwater requirement, etc.):

g, irrigation, aesthetic, trout pond,

Size of watershed draining to pond:

Expected pond surface area:

VIT. 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, aocessibility, and
fmancial 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 flllowed uring C?nstructionto reduce impacts.

Eo I.AJ,' It. Y'}D-!

VIII. Mitigation

DWQ - In accordance with 15A NCAC 2H .0500, mitigation may pe required by the NC
Division of Water Quality for projects involving greater than or c9ual to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennif\.l
stream$.

Page 9 ofl2

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USACB - In accordance with the Final Notice of Issuance and Modification of Nationwide
Pemuts, 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
inclq:tling . 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
~dlor upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resoW'ce functions and values by creating, re~toring, enhancing, or preserving similar
functions and values, preferable in the same watershed.

If mitigation is req\lired for tlris project, a copy of the mitigation plan must be attached in order
for US ACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NC\VRP conCWTence 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
h:ttP:/lh2o.enr.state.nc. us/ncwetlands/stnngide.html.

1. Provide a brief description of the proposed mitigation plan. The description should provide
as much infonnation 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,
pr~ervation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed. .
N.o rY'\ IT / r.. A 71 0 ~ ::s pro p osecl d~ -h J\a.....~ c)-f'
. I ~c de.. .

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request Mitten 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.l1c.us/wrp/index.htm. If use of
the NCWRP is proposedl please check the appropriate box on page three and provide the
following infonnation: .

Am01.mt of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres)
Amount of Non-riparian wetland mitigation requested ( res):
Amount of Coastal wetland mitigation requested (acres .

Page 10 of 12

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POr.I=,11

IX. Environmental Documentation (required by DWQ)
)
Does the project involve an ~xpenditure of public (federal/state) funds or the use of public
(federaVstate) land?
Yes No 0

If yes, has
copy of the
Yes

preparatioI}. of an environmental document pursuant to the

If so, please attach a

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

It is the applicant's (or agent's) responsibility to detennine, delineate and map all impacts to
required state and local buffers associated with the pr~ject. 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
R.egional 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 0 No If you answered "yes", provide the following infonnation:

zone of the riparian buffers. IT buffer
of mitig~tion by applying the buffer

Zone'"

Required
Miti tion

1

2

TObl
· Zone) ex ends out 30 fceT p cndic:ulnr from hear bank of channel: Zone 2. extends an
additional 0 feet from the edge of Zone I.

Page 11 of 12

APR 15 '04 10:03

9102514025

PAGE. 12

If buffer mitigation is requirad, please discuss what type ofmitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffar Restoration I Enhancement, Preservation or
PaYment into the Riparian Buffer Restor~tion Fund). Please attach all appropriate infozmation as
identified within lSA NCAC 2B .0242 or .0260.

!\)f1

t
XI. Stormwater {required by DWQ}

Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stozmwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
?y-o p~ V" S i -;z ('> r I. I ~ 1..< '): J{ 10 e J t1 5~/I ~d

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.
rY\d~\I~rll,..(t.:l I "\ p pJ~c. +lLnk.

XIII. Violations (required J:ty DWQ)

Is thi$ site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes HD

Is this an Ut -t e act it application?
y~ 00

XIV. Other CircullJ$tances (Optional):

It is the applicant's responsibility to $ubmit the application sufficiently in advance of desired
construction dates to allow processing time for these pennits. However, an applicant may
choose to list constraints associated with constmction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for laJ{es, dates associated with Endangered and
Threatened Species, accessibiliWproblerns, or other issues outside of the ~pplicant's control).
f\J 0 VI e

----_.-.~~.... .

L.
Applicantl gent's Signature Dc te
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 12 of 12

APR 15 '04 10:03

9102514025

PAGE. 13

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