20040783 Ver 1_COMPLETE FILE_20070828

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek, P,E" Director
Division of Water Quality
Colecn H, Sullins, Deputy Director
Division of Water Quality

APPROVAL of 401 Water Quality Certification with Additional Conditions

July 2, 2004
DWQ# 04-0783
Guilford County
WETLANDS 1401 GROUP

JUL I 2 .2004

WATER QUALITY SECTION

Ms. Janet Simpson
Wachovia Bank, National Association
301 South Tryon Street
Charlotte, NC 28288-0659

Dear Ms. Simpson:

Wachovia Bank has our approval, in accordance with the attached conditions, to place permanent fill in 0.23
acre of wetlands for lot fill in order to construct the Project Homestead Development subdivision in
Greensboro, Guilford County, as described in your application received by the Division of Water Quality (DWQ)
on May 12, 2004. After reviewing your application, we have determined that this fill is covered by General
Water Quality Certification Number 3402 which can be viewed on our web site at
http://h20.enr.state.nc.us/ncwetlands.This Certification allows you to use Nationwide Permit Number 39 when
it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other applicable federal,
state or local permits before you proceed with your project, including (but not limited to) those required by
Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. Also, this approval
will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification.

This approval is only valid for the purpose and design that you described in your application. If you change
your project, you must notify us in writing and you may be required to send us a new application for a new
certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter
and is thereby responsible for complying with all conditions. 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).
For this approval to be valid, you must follow the conditions listed in the attached certifications, as
well as the additional conditions listed below:

1. We understand that you have chosen to contribute to the North Carolina Ecosystem Enhancement
Program (NCEEP) in order to compensate for the impacts to wetlands. In accordance with 15A NCAC
2R .0402 and 15A NCAC 2B .0242(7), this contribution will satisfy our compensatory mitigation
requirements under 15A NCAC 2H .0506(h) and 15A NCAC 2B .0233(10). Until the NCEEP receives
and clears your check (made payable to: DENR - Ecosystem Enhancement Program), wetlands
impacts (including fill) shall not occur. Ms. Deborah Anderson should be contacted at [phone] if
you have any questions concerning the Ecosystem Enhancement Program. You have one month from
the date of this Certification to make this payment. For accounting purposes, this Certification
authorizes the fill of 0.23 acre of wetlands in the Cape Fear River Basin, Cataloging Unit 03030002,
and 0.47 acre of wetland mitigation is required. Please be aware that for payment, the NCEEP rules
require rounding of wetland impacts to the nearest one-quarter acre (15A NCAC 2R .0503(b )).

2. Upon completion of the project, the Applicant shall fill out and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the S401 Certification has been finished.
This certificate should be sent to the 401/Wetlands Unit of the NC Division of Water Quality at the

Av.7A
-10-
NCOITm

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), (httn:flh2o,enr,state,nc,usfncwetlands)
Customer Service #: 1,877-623,6748

address listed on the form. Along with the Certificate of Completion form, please send photographs of
all completed structures and roadways to verify compliance with General Water Quality Certification
Number 3402.

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
which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.

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 Daryl Lamb in the DWQ Winston-Salem Regional Office at 336-771-
4600 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721.

Sincerely,

AWK/cdl

~tJ,rJJ-

/- Alan W. Klimek, P.E.

Attachments

cc: Corps of Engineers Raleigh Regulatory Field Office
Winston-Salem DWQ Regional Office
Central Files
Wetlands/401 File Copy
Matt O'Brien, S&ME, Inc., 3718 Old Battleground Road, Greensboro, NC 27410

MEMORANDUM

TO:

John Dorney
Non-Discharge Branch

Regional Contact: Daryl Lamb
WQ Supervisor: StP\le TprlrlPr
Date:

SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS

Facility Name Homcstcad Dcvclopmcnt

Project Number 04
Recvd From APP
Received Date 5/12/04
Project Type subdivision

0783

County Guilford
County2
Region 'Vinston-Salcm

Recvd By Region
(scc also 021474)

Certificates

Permit Wetlan'd Wetland Wetland Stream
Type Type Impact Score Index

Stream
Class

Acres
Basin Req.

Feet
Req.

Stream Impacts (ft.)

r-~
!':"I.:II:Io< mil:),

l~.

Prim. Supp.

39

10 Y (!) N
10Y ON

116-11-14-2 rc-I NSW
I r-I

130,602. I
1 I

I

-
I

.

-

-

Mitiqation
MitigationType

Wetland
Type Acres

Feet

r

Is Wetland Rating Sheet Attached? 0 Y @ N

Did you request more info? 0 Y @ N

Have Project Changes/Conditions Been Discussed With Applicant? @ YON
Is Mitigation required? 0 Y @ N Recommendation: 0 Issue @ Issue/Cond 0 Deny

Provided by Region: Latitude (ddmmss) 360411 Longitude (ddmmss) 794413

Comments:

Site visit made on 06/28/2004. Site is the location of a residential development that was halted due
to bankruptcy of the developer. In addition, unpermitted wetland fill of 0.08 acre occurred in June
2002. Most of the homesites have been partially developed with 15-17 homes in various stages of
construction No construction work is currently underway Many of the homes have been damaged
by vandalism. The USACE issued a 404 authorization for 0 2334 acre of wetland fill on 10/24/02 but
own placed 401 application (02-0472) on hold due to lack of information The USACE required the
developer to provide mitigation at a 2'1 ratio Subsequently the developer went bankrupt and
abandoned the project own retracted the application on 01/08/03 The property has now been
acquired by Wachovia Bank

The site is - 7 57 acres in size and is located in a residential area Some light commercial activity is
in the vicinity Wachovia is requesting after-the-fact authorization for fill to 0 08 acre of bottom-

cc:

Regional Office
Central Office

I
Page Number ! 1

Facility Name Homestead Development

County Guilford

Project Number 04

0783

Regional Contact:
Date:

Daryl Lamb
6/30/2004

Comments (continued from page 1):

land wetlands and authorization to fill an additional 0 15 acre of bottomland wetlands in order to finish
the project These wetlands are apparently the remnants of a very small pond that used to exist on
the site and was subsequently drained Wachovia will provide 2'1 mitigation by payment to the
NCEEP. The amount of impact is reasonable and necessary to allow for construction on the
remaining buildable lots and to allow for construction and landscaping of lawns Total projected
impervious area at buildout is 2 23 acres which is 29 46% of site area. Stormwater controls consist of
curb and gutter with dissipated outflow There are no stormwater discharges into streams or
wetlands. The stormwater plans have been approved by the City of Greensboro Authorization to use
WQC# 3402, with additional conditions, will be issued by WSRO

cc:

Regional Office
Central Office

Page Number 2

'oY 'N A TS"f1
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Michael F. Easley. Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek. P.E.. Director
Division of Water Quality
Coleen H. Sullins. Deputy Director
Division of Water Quality

July 2, 2004
DWQ# 04-0783
Guilford County

Ms. Janet Simpson
Wachovia Bank, National Association
301 South Tryon Street
Charlotte, NC 28288-0659

APPROVAL of 401 Water Quality Certification with Additional Conditions

Dear Ms. Simpson:

Wachovia Bank has our approval, in accordance with the attached conditions, to place permanent fill in 0.23
acre of wetlands for lot fill in order to construct the Project Homestead Development subdivision in
Greensboro, Guilford County, as described in your application received by the Division of Water Quality (DWQ)
on May 12, 2004. After reviewing your application, we have determined that this fill is covered by General
Water Quality Certification Number 3402 which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands.This Certification allows you to use Nationwide Permit Number 39 when
it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other applicable federal,
state or local permits before you proceed with your project, including (but not limited to) those required by
Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. Also, this approval
will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification.

This approval is only valid for the purpose and design that you described in your application. If you change
your project, you must notify us in writing and you may be required to send us a new application for a new
certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter
and is thereby responsible for complying with all conditions. 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).
For this approval to be valid, you must follow the conditions listed in the attached certifications, as
well as the additional conditions listed below:

1. We understand that you have chosen to contribute to the North Carolina Ecosystem Enhancement
Program (NCEEP) in order to compensate for the impacts to wetlands. In accordance with 15A NCAC
2R .0402 and 15A NCAC 2B .0242(7), this contribution will satisfy our compensatory mitigation
requirements under 15A NCAC 2H .0506(h) and 15A NCAC 2B .0233(10). Until the NCEEP receives
and clears your check (made payable to: DENR - Ecosystem Enhancement Program), wetlands
impacts (including fill) shall not occur. Ms. Deborah Anderson should be contacted at [phone] if
you have any questions concerning the Ecosystem Enhancement Program. You have one month from
the date of this Certification to make this payment. For accounting purposes, this Certification
authorizes the fill of 0.23 acre of wetlands in the Cape Fear River Basin, Cataloging Unit 03030002,
and 0.47 acre of wetland mitigation is required. Please be aware that for payment, the NCEEP rules
require rounding of wetland impacts to the nearest one-quarter acre (15A NCAC 2R .0503(b)).

2. Upon completion of the project, the Applicant shall fill out and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the 9401 Certification has been finished.
This certificate should be sent to the 401/Wetlands Unit of the NC Division of Water Quality at the

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N. C. Division of Water Quality. 401 Wetlands Certification Unit,
1650 Mail Service Center. Raleigh. NC 27699-1650 (Mailing Address)
2321 Crabtree mvd.. Raleigh, NC 27604-2260 (Location)
[phone] (phone). 919-733-6893 (fax). (htlr>:llh2o.cnnlate.ne.uvllewetlands)
Customer Service #: 1-877-623-6748

address listed on the form. Along with the Certificate of Completion foml, please send photographs of
all completed structures and roadways to verify compliance with General Water Quality Certification
Number 3402.

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
which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.

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 Daryl Lamb in the DWQ Winston-Salem Regional Office at 336-771-
4600 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721.

Sincerely,

Alan W. Klimek, P.E.

AWK/cdl

Attachments

cc: Ms. Andrea Wade, U. S. Army Corps of Engineers Raleigh Regulatory Field Office
Winston-Salem DWQ Regional Office
Central Files
Wetlands/401 File Copy
Matt O'Brien, S&ME, Inc., 3718 Old Battleground Road, Greensboro, NC 27410

040783

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, Wachovia Bank, National Association has permission as outlined
below to fill 0.23 acre of wetlands order to construct the Project Homestead Development subdivision in
Greensboro, Guilford 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
WETLAND RESTORATION PROGRAM

LOCATION:

Project Homestead Development Subdivision

COUNTY:
BASIN/SUBBASIN

Guilford

Cape Fear (03-03-00-02)

Impacts:

0.23 acre of wetlands

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:

Compensatory mitigation of 0.47 acre of non-riparian wetlands by the North Carolina Ecosystem Enhancement
Program (NCEEP) is required for the 401 Water Quality Certification. In correspondence dated February 18,
2004, the NCEEP indicated that up to 0.47 acre of wetland mitigation will be conducted by NCEEP if necessary
for the 404 Permit.

Note: With regard to payment, linear foot requirements proposed to be mitigated through the North
Carolina Ecosystem Enhancement Program must be rounded to the nearest foot and acreage
requirements must be rounded to one-quarter acre increments according to 15A NCAC 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 NCEEP per 15A NCAC 2R .0503. If you choose this option, please sign this form and
mail it to the NCEEP 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 NCEEP.

Signature

Date

NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619

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Office Use Only:

US ACE Action ID No.

D'VQ No.

Form Version May 2002
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(J ~-~. l# ~ ;,(} ~1

.\uiOl1 If);f200220<)]() D\VC)-;U2-.l7-2-
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/ A" rather than
leaving the space blank.

I.

Processing

WETLANDS /401 GROUP

1. Check all of the approval(s) requested for this project: MAY 1 2 2004
t2J_Section 404 Pennit
o Section 10 Pennit WATER QUALITY SECTION
t2J_ 401 Water Quality Certification
o Riparian or Watershed Buffer Rulcs

2. Nationwide, Regional or General Permit NumberCs) Requested: NWP 39

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

4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: t2J

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 Concem (see the top of page 2 for further details), check here: 0

II. Applicant Information

1. Owner/Applicant Information
Name: Janet Simpson
Mailing Address: Wachovia
301 South Tryon Street
Charlotte, North Carolina 28288-0659

Telephone Number: 704-374-4583 Fax Number: 704-383-5031
E-mail Address:[e-mail]

2. Agent Infonnation (A signed and dated copy of the Agent Authorization letter must bc
attached if the Agent has signatory authority for the owner/applicant.)
Name: Sanders McMillan
Company Affiliation: S&ME, Inc.
Mailing Address: 3718 Old Battleground Road
Greensboro, NC 27410

Page 1 of9

PAYMENT
RECEIVED

Telephone Number: [phone]/ [phone] Fax Number: [phone]
E-mail Address:smcmillan~smeinc.com

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information tab e submitted 0 n sheets no larger than 11 by 1 7 -inch f onnat;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.

1. Name of project: Holts Chapel Road Site - Project Homestead Development

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

Property Identification Number (Tax PIN) Previously subdivided lots affected by wetland
issues (per City of Greensboro GIS server): 7898127269, 7898126371. 7898125288.
7898125192, and 7898128226,

3. Location
County: Guilford Nearest Town: Greensboro
Subdivision name (include phase/lot number): Holts Chapel Road - Project Homestead
Directions to site (include road numbers, landmarks, etc.): From Raleigh: I: Merge onto
1-40 W. 62.8miles 2: Exit right at EXIT 130, then turn left onto MCCONNELL ROAD
(travel approx. 2.8 miles) 3: Turn RIGHT onto FRANKLIN BLVD. 0.6 miles 4: Turn LEFT
onto HOLTS CHAPEL ROAD 0.3 miles 5: Turn RIGHT into Development.

4. Site coordinates, ifavailable (UTM or Lat/Long): 36004' 11" N 79044' 13"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 water body,)

5. Describe the existing land use or condition of the site at the time of this application:
Built-out conditions have nearly been realized, however, all work has ceased on the site
pending pernlitting and financial issues, Stonmvater and other infrastructure are already in
place, Many of the homes adjacent to the old pond bottom on the eastern property boundary have
no backyards and sit precariously on a high grade sloping down to the old pond bottom. (See
attached Photos),

6. Property size (acres): Approx 7.57-Acres

Page 2 of9

7. Nearest body of water (streamlriver/sound/ocean/lake): U/T South Buffalo Creek C, NSW
r16-11 -14-21

8. River Basin: Cape Fear
(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 purpose of the proposed work: Applicant wishes to get after-the-fact regulatory
approval for the filling of approximately 3,6S7 ft2 (0.08-acres) of pond-bottom wetlands and
request pemlission to fill an additional 6.511 ft2 (0, IS-acres) of pond-bottom wetlands. In-
kind wetlands mitigation is proposed at a 2: 1 ratio.

10. List the type of equipment to be used to construct the project: Excavators, Trucks, Trackhoes,
etc. will likely be used during construction.

11. Describe the land use in the vicinity of this project: Urban/Suburban land use - mostly
residential with some residentially supported commercial and light-industrial in the vicinity of
the proiect.

IV. Prior Project History
If jurisdictional detenninations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ill Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful infonnation. 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.

Wetlands delineation for this proiect was perfonned by S&ME, Inc. in November of2001. This
delineation was verified by Mr. Todd Tugwell of the U.S. Anny Corps an onsite meeting in early
June of 2002 (Action ID#200220916). Sometime in June, Proiect Homestead filled 0.8 acres of
wetlands in order to site several homes. Soon after June 25th, DWQ and the Corps received post-
construction notification of 0.8-acres of wetland fill from S&ME on behalf of Proiect
Homestead. A peN request for 0.2334-acres of fill was then submitted to both agencies on
September 10, 2002. A 404 permit authorizing the fill of 0.2334-acres of wetlands on the
property was issued on October 24, 2002, However, DWQ placed the proiect (DWQ #02-472)
on administrative hold due to lack of information. The previous owner, Proiect Homestead. was
unwilling or unable to comply with DWQ's request for infomlation. According to Rob Ridings
(Environmental Tech. IV - DWQ), the DWQ Wetlands Unit posts the retraction date of this
pemlit as January 8, 2003. Wetlands restoration credits were requested from the WRP on behalf
of the client, and Proiect Homestead was invoiced by the WRP for 0.5-acres (2:1) bottomland
wetlands restoration credits in the amount of $6,000 on February 18, 2004 - this invoice voided a
previous invoice based on a 1: 1 ratio issued on November 30, 2002. Mr. King, representing
Proiect Homestead, declined to participate in the program. A letter reminding Mr. King of his

Page 3 0[9

obligations to make payment to the WRP was sent from the desk of Jean Manuele with the
Raleigh Regional Office of the Coms on Febmary 24, 2004. S&ME, now representing
Wachovia, was only recently made aware of this letter during correspondence with Carol Shaw
of the EEP. The current opportunity for restoration purchase from the WRP/EEP remains valid
and is the means through which Wachovia wishes to satisfy their mitigation requirements/
recommendations,

V. Future Project Plans

Are any future pem1it 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 pennit requests anticipated, this is the build-out phase of the proiect.

VI. Proposed Impacts to 'Vaters of the United Statcs/'Vaters of the State

It is the applicant's (or agent's) responsibility to detem1ine, 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 (intennittent and perelmial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation fom1s 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: There are pre-exiting impacts to pond-
bottom wetlands on this site in the amount of approximately 0.08-acres. These impacts
occurred while the property was owned by Proiect Homestead. The new owner, Wachovia,
requests pcm1ission to fill an additional 0.I5-acre of degraded, pond bottom wetlands, in
order to provide safe housing for the future residents of this community.

2. Wetland Impacts

Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type ofWetland***
(indicate on map) (acres) (yes/no) (linear feet)
W I (Existing) Fill 0.08 No 500 Pond-bottom wetland
\V2 (Proposed) Fill 0.15 No 475 Pond-bottom wetland

*

List each impact separately and identify temporary impacts, Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation. flooding, ditching/drainage, ete, For dams, separately list impacts due to both structure and flooding,

Page 4 of9

**

***

100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approvcd local floodplain maps. Maps arc available through the FEMA Map Service Center at 1-800-358-9616, or
online at httn://www.fcmJ.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,)

List the total acreage (estimated) of existing wetlands on the property: 0,I5-acres
Total area of wetland impact proposed: 0.15-acres + O.S-acres prior impact = 0.23-acres

3. Stream Impacts, including all intermittent and perennial streams

Stream Impact Length of Average Width PereIUlial or
Site Number Type ofImpact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)

List each impact scparately and identify temporary impacts, Impacts include, but are not limited to: culvcrts 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, gab ions, etc.), excavation, ditching/straightening, ctc. 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.mJPCluest.eolll, cte,),

*

Cumulative impacts (linear distance in feet) to all streams on site: N/ A
4. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.

Open Water Impact Area of Name of Water body Type of Water body
Site Number I Type ofImpact* Impact (lake, pond, estuary, sound,
(indicate on map) (acres) (if applicable) bay, ocean, etc.)

*

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

Page 5 of9

Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/ A

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

Size of watershed draining to pond: N/A

Expected pond surface area: N/ A

VII. Impact Justification (Avoidance and Minimization)

Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
infonnation related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.

Wachovia has acquired these partially constructed homes as part of a default from loans on the
part of Proiect Homestead which is in bankruptcy" Many of the homes have extensive water
damage from poorly constructed lot drainage and many more have been nearly destroyed by
vandalism and squatters. There are several complications on the site affecting the salability of the
homes, to include a sewer line that has been constructed above grade and a row of houses along
the pond-bottom wetland area that arc built iust to the edge of a steep grade with no backyards.
These qualities, along with the appearance ofthc degraded, pond-bottom wetland areas at the toe
of the slopes behind the homes, make these particular homes especially unattractive to buyers
and unsafe for habitation.

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
Pennits, 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 detennining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing thc 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.

Page G 0[9

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 Teclmical Guide for Stream Work in North Carolina, available at
http://h20.enr,state.nc.us/ncwetlands/strm gi d e. htm I.

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.

N/A

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 40l/Wetlands Unit if payment into the
NCWRP is available as an option. 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 infonnation:

Amount of stream mitigation requested (linear feet): N/ A
Amount of buffer mitigation requested (square feet): N/ A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): 0.50-acres
Amount of Coastal wetland mitigation requested (acres): N/A

IX. Environmcntal Documcntation (DWQ Only)

Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?

Yes D

No X

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 A/SEP A)?
Note: If you are not sure whether a NEP A/SEP A document is required, call the SEP A
coordinator at [phone] to review current thresholds for environmental documentation.
Yes D No 0

Page 7 of9

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 \Vatershed Buffers (D\VQ Only)

It is the applicant's (or agent's) responsibility to detennine, delineate and map all impacts to
required s tate and local buffers associated with the project. T he applicant must a Iso 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 K- If you answered "yes", provide the following information:

Identify the square feet and acreage of impact to each zone of the riparian buffers. U 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 1.5
Total

*

Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone J.

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 (D\VQ Only)

Describe impervious acreage (both eXlstmg and proposed) versus total acreage on the site.
Discuss stonnwater controls proposed in order to protect surface waters and wetlands
downstream from the property.

The total acreage of the site is approximately 7.57-acres. Both existing and pronosed BUA is as
follows: Streets and Sidewalks (42,1 07sq. feet)) and Single Family Lots (28 lots x 2,000 sq. feet
each - 56,000 sq. feet); for a total of 97,1 07 sq, feet (2.23-acres) BUA. This results in a BUA of

Page 8 of9

29.46% of total area within this development. Stormwater controls are curb and gutter with
dissipated outflow. Stormwater outflows are not directed into stream or wetlands areas. Plans
have been approved by the City of Greensboro,

XII. Sewage Disposal (D\VQ Only)

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.
Non-discharge. Public sewer.

XIII. Violations (D\VQ Only)

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

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

XIV. Other Circumstances (Optional):

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

See followill!! lJa!!e(a faxed cop}' of Pa!!e 9 for authorization Si!!lwture)
Applicant! Agent's Signature Date

(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 9 of9

MAY-11-04 15:29 FROM:FUNB SPECIAL ASSETS

10:704 383 5031

PAGE 2/2

f.2,46% or tOlt'l1 :u;.c.D wilhin this dcvctopmSlt. Stormwatcr COl)jrols are curb and g\lll~r with
,gj.~jr.:1tcd olltflow. SlonnW:lW ot11f1ow~ arc not dkecled into s~ or \Volland!: :lf~. Pl:ms
!lJm~ been npprovcd by the c;.,ity ofOrcem;boro.

XU. SCW:l~C .nisposul (DWQ OuIy)

CIC:lrly dc(niI the ultlmntc treatment methods ~ntl disposition (non-dischargc or dischargo) of
W~(cwatcr gcncmted from the proposed project. or available capacity of the subject facility.
Non-dischnrC!o, Public scwer.:--

A'HI. Viol:Jtions (DWQ Only)

Is this sil~ in viol~lion of DWQ Wctlnnd Rules (15ANCAC 2H .0500) or any Buffer Rales?
y~ 0 No IZi

Is tbls an aflcr-t.he-fflct permit application?
Yes 0 No ~

XIV. OCher Cin:nmstnnt'cs (OplionaJ):

Il is Ill" applicant's fC$poflsibility to submit the application sumcfOtrtly in :1dvancc: Qf desired
C"onslruclion dalc.s to allow processing time for lhese ~nl1its. However, an 3pplic.1Ilt may
Ch(lQSC to list const.raillts associated with construction or sequencing that may impose limits on
work schcdl1(~ (e.g., draw-dowll schedules for lakes. dates associated with nndangcrcd and
Th~tcncd Species. accessibility problems, Ot other issues outside of the applicanl'S control).
N/^

~ Iflr;!

Date

(Agenl's signnwrc 1s valid only if an authorization lettor frolll the applicant is provided.)

Paso 9 of9

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Harvest Rd

Scale: I inch equals 5,280 feet
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Holts Chapel Road Site
USGS Topo Map
Guilford Coun NC
S&ME Project # 1588-04-012

FIGURE

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Date:

Legend
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Date: Ma - 2004

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S&ME Project # 1588-04-012

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04-0783: Homestead Development - Guilford County

Subject: 04-0783: Homestead Development - Guilford County
From: Daryl Lamb <[e-mail]>
Date: Mon, 21 lun 200411:26:16 -0400
To: Cyndi Karoly <[e-mail]>

Cyndi,
WSRO comments on 04-0783: Homestead Development are due 06/27. The earliest I can schedule a site
visit with the applicant's agent (S&ME) is Monday, 06/28 at 4:00 P. M. I will enter comments on
FileMaker late on 06/28 (after 5:00 P. M.).

Best regards,
Daryl

. Daryl Lamb
NC DENR winston-Salem Regional Office
Division of vlater Quality, Water Quality Section
585 \'iaughtown Street
Winston-Salem, NC 27107
Voice: [phone] ext 272
FAX: [phone]

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Wachovia Corporation
P. O. Box 45032 Jacksonville, FL 32232

SUPPLIER DATE
1039581 04/21/04

CHECK
202160085

INVOICE NO. INVOICE DATE VOUCHER NO. GROSS DISCOUNT NET
I NV04190420000 04/19/04 7478435 200,00 200,00
PROJECT HOMESTED HO TS CHAPEL RD.
t1ff CCJt"'1 ; -:J '(
tt ~;5 ~ SJ-/h b
p-ro,yt
WETLANDS /40 GROUP
APR 2 6 2 04