HomeMy WebLinkAbout20030792 Ver 1_COMPLETE FILE_200306271?1 ?F WA-r Michael F. Easley, Governor
William G. Ross Jr., Secretary
?0 6 North Carolina Department of Environment and Natural Resources
r
Alan W. Klimek, P.E., Director
O Y Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
December 1, 2003
Nash County
DWQ Project #: 03-0792
APPROVAL OF 401 Quality Certification, ADDITIONAL CONDITIONS and Tar-Pamlico River
Joe Niswonger
6088 Windchase Drive
Rocky Mount, NC 27803
Subject Property: Windchase subdivision, Lot# 23
Dear Mr. Niswonder:
You have our approval in accordance with the attached conditions and those listed below, to place fill
material in 156 square feet of water and approximately 156 feet of shoreline for the purpose of creating a
12 X 12 boat basin and installing a bulkhead, as described within your application dated June 13, 2003.
After reviewing your application we have decided, this fill is covered by General Water Quality
Certification Number 3399. This certification allows you to use Regional Permit Number 197800080
when the Corps of Engineers issues it. This approval is also valid for the Tar-Pamlico River buffer rules
(15A NCAC 2B .0259). In addition, you should get any other federal, state or local permits before you
go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal
Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire when
the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a
new application. If the property is sold, the new owner must be given a copy of this Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this
project (now or in the future) exceed one acre, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide
Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you
must follow the conditions listed in the attached certification and any additional conditions listed below.
Conditions of Certification:
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
(919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetiands
Mr. Niswonger
Page 2
December 2, 2003
2. An additional condition is that stormwater shall be directed to sheetflow at non-erosive
velocities through the protected stream buffers.
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-
733-9726.
Sincerely,
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
File Copy
Central Files
E., Di ector
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Michael F. Easloy, Governor
William G. Ross,fr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, F'.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
August 29, 2003
Nash County
DWQ Project No. 03-0792
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Joe Niswonger
6088 W indchase Drive
Rocky Mount, NC, 27803
Dear Mr. Niswonger:
On July 14, 2003, the NC Division of Water Quality received additional information regarding your application for a 401
Water Quality Certification to fill waters in order to construct a bulkhead on your property in Nash County. Insufficient
information has been provided in order for us to complete our review. Specifically, please provide the following materials so
that we can complete our review of your application:
A bulkhead diagram was provided with the additional information forwarded July 14, 2003, but none of the
questions asked in our July 1, 2003 correspondence to you were answered. A copy of that letter is attached. Please
provide a specific narrative response to this letter. You should note that in accordance with 15A NCAC 2H .0506, a site
evaluation has been conducted by Mr. Steve Mitchell of the DWQ Raleigh Regional Office. Based on this review, we
have determined that significant uses could be removed or degraded by this project. Insufficient evidence is provided in
your application to conclude that your project must be built as planned in Waters of the State. Specifically, please provide
an exact location for the bulkhead so that we may further review your application for avoidance and minimization of
impacts as required in 15A NCAC 2H .0506(b). Please note that a 401 Certification will not be issued if the bulkhead is
proposed to be located in open water. Therefore, please provide a description of the waterward extent 'of the bulkhead so _a,-.
that we can calculate the area of fill. ti if :ro c ;i!
Until the information requested in this letter, and the July 1, 2003 letter, is provided, I will request (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
due to incomplete information (15A NCAC 2H .0507(h)).
Thank you for your attention. If you have any questions, please contact Steve Mitchell or Debbie Edwards in our
Raleigh Regional Office at (919) 571-4700 or Cyndi Karoly in Raleigh at (919) 733-9721.
Sincerely,
67--J? 6-&
John Dorney
JRD/cbk
cc: Corps of Engineers Raleigh Regulatory Field Office
Raleigh DWQ Regional Office
File Copy
Central Files
030792
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
(919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
1 I
Steven Mitchell
Facility Name Joseph Niswonger County Nash
Project Number 03 0792 County2
Recvd From APP Region Raleigh
Received Date 6/27/03 Recvd By Region
Project Type bulkhead
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
GP 80 Waters PV _0N I 28-(36) WSIV BNSW 30,302. F F ?- F
'1')?BR $ttffers Y ON F- F-7-7 30302. F- F-- ? r-?
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N
Recommendation: 0 Issue 0 Issue/Coed 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
Aujjust 11, 2003
Need to know exact location of the bulkhead, If along current land line OK. If out in open water NO
cc: Regional Office
Central Office Page Number 1
Triage Check List
Date:
Project Name:
V d
DWQ#:
County:
TO: ? ARO Mike Parker ? WaRO
? FRO Ken Averitte ? WiRO
? O Alan Johnson ? WSRO
?
L"J RRO Steve Mitchell
Tom Steffens
Noelle Lutheran
Cyndi Karoly (Central Office)
From: Lo'ldo Telephone : (919)
l
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
FILE COPY
?Jro?res.s' /-0 30 e- Atli is w oh .9 C,/--
IVETLANDS1401 Moop
Jll?._ . 4, l!?7
NATERQUALI1YSECTION
Please- Ic,-'nd 41c°lesra
adco" 74 `0") a h F()r^cz
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/eocl? lwooil f ,,VC .2 -) X03
A/# -2 Sat - 5'Y-2 - 8 9 93
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Office Use Only, Form Version May 2002
USACI, Action 11) No. DWQ No.
--- ------ _.__.-- - - - -en - ---
(tf any particular item is ___nc?t sirtilicahle to this project, please enter "Not Applicable" at "Nan",)
Processing
1. Check all of the approval(s) requested for this project:
Section 404 Permit Riparian or Watershed Buffer Rules
[1 Section 10 Permit [_] Isolated Wetland Permit from DVt'Q
C-J 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: /7 ) Fooo 8U
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: Rr
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 Vlll and check here: 0
5. If your project is located in a.ny 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: ?
If. Applicant Information
1. Owner/Applicant Information
Narne:_,
Mailing Address:, a6b-e?
't'elephone Number: Fax Number:_
E-mail Address:
2. Agent/Consultant information (A signed and dated copy of the Agent Authorization letter
must Err.. rittrichcd if tliv Agent has signatory nulhority for the ownerhippliumit,)
Name:
C.otttpntty ,kft iIilit itit):A_ _?_ ` _P? ------ - --------- -- _ _?
Mailing Address-,_-_
'telephone Number: Fax VNumber: F-mail Address:
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4. Alt lumber treated to .40 ground contact.
5. AlI hardwnre (nails and c1 mps) to be hot dipped galvanized also.
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3. Tie back cable to be 1!4" hot dipped galvanized and double clamped.
4. All lumber treated to .40 eround contlut,
5. At t hardlrare ( na i t s and c 1;imps ) to be hot d i ppe-i sa l van i zed a l so .
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3. Tie back cable to be t/4" clot dipped galvanized and double clamped.
4. All lumber treated to .40 wound cont;Ic:t.
s. AiI hardware (nails and cl:i!np51 to be hot dipped galvanized also.
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1. Tie back cable to be 1/4" hot dipped enivanized anti double clamped.
4. All lumber treated to .40 around cmit"ct.
5. All hardware Snails and cl:,inpsi to be hot dipped galvanized also.
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4. All lumber treated to .40 wound contact.
5. At l hardiva re l na i Is and. c t n.tnps l to be hat dipped Qa t van i Zed also.
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4. All lumber treated to .40 ground cont,,cr.
5. All hardware inaits and clnmps1 to be hot dippers galvanized also.
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OF NATF9
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O
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
July 1, 2003
DWQ # 03-0792
Nash County
CERTIFIED MAEL - RETURN RECEIPT REQUESTED
Joe Niswonger
6088 Windchase Drive
Rocky Mount, NC 27803
Dear Mr. Niswonger:
On June 24, 2003 the Division of Water Quality (DWQ) was notified by receipt of your
application regarding your plan to fill waters for the purpose of installing a bulkhead in Nash County.
Approval from DWQ is required to disturb these areas. Please provide 7 copies of the following
information and refer to the DWQ # listed above in your reply. Please show these on maps of suitable
scale (for instance 1" = 100 feet) so we can begin to determine your projects' compliance with 15A
NCAC 211.0500.
1. The bulkhead on the plan does not appear to be necessary. Please eliminate the
bulkhead or provide additional information as to why it is necessary for this project.
This office believes that rip-rap and/or vegetative planting would be sufficient to
control any potential erosion problems.
2. Although it is not stated in your application, it is our understanding that you are
proposing to construct a boat basin. Please provide plans depicting the location and
site of the proposed basin. Also, please note that 50 foot vegetated buffer, as per
15A NCAC 02B .0259 will be required around the basin.
3. Although it is not stated in your application we understand that you are proposing to
construct a gazebo within the protected buffers. Please provide plans depicting the
size and location of the proposed gazebo. Please note that gazebos are prohibited
within the protected buffers (unless determined to be a water dependent structure)
and will require a variance to be installed.
Please telephone Bob Zarzecki at 919-733-9726 if you have any questions or would require
copies of our rules or procedural materials. This project will remain on hold as incomplete in
accordance with 15A NCAC 2H .0505(c). The processing time for this application will begin when
this information is received. If we do not hear from you by writing or by fax at (919) 733-6893 within
three (3) weeks we will assume you no longer want to pursue the project and will consider it
withdrawn.
N=NR
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
(919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetiands)
Customer Service #: 1-877-623-6748
Attachments:
JRD/bs
Water Quality
Tar-Pamlico Buffer Rule 15A NCAC 02B .0259
cc: Raleigh DWQ Regional Office
Raleigh Corps of Engineers
Central Files
File Copy
Program
Sincerely,
Copy
Office Us ( it Y r form version May 2002
USAGE Action 11) No. DWQ No.
(If and particular item is not applicable to t its project, please enter "Not Applicable" or "N/A".)
i. Processing
1. Check all of the approval(s) requested for this project:
Section 404 Permit Riparian or Watershed Buffer Rules
(] Section 10 Permit Isolated Wetland Permit from DWQ
[-, 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: /?) SOOO SGT
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: Rr
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 Vill and check here: n
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
Fnvironmenlal Concern (see the top of page 2 for further details), check here: n
It. Applicant information
1. Owner/Applicant Information
Name: Mailing Address: (1-()
'T'elephone Number:_ Fax Number:
F'-mail Address:
2. Agent/Consultant Information (,,% signed and dated copy of the Agent Autho tion letter
111(1,41 he ntIrldled if the Agent has sigrintory nuthority for the owner/npplicnnt)
Name:
Contlinny -Milintion:_ _
Mailing Address: 4,•.?_._?
"Telephone Number: Fax Number:
FI-hail Address: _ _ _ - ---- - /s:
Page 5 of I
111111. I'roJect Inf(?rntation
Attach a vicinity map clearly showing the location of' the property with respect to loca
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing propert}
boundaries and development plates in relation to surrounding properties. Both the vicinity mar
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 shoulc
include the appropriate USGS 't'opographic Quad Map and NRCS Soil Survey with the property
houndaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the properly is clearly defined. For administrative and distribution purposes, the
USACI; requires information to be submitted on sheets no larger tlian 1 i by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: 1klA
2. T.I.P. Project Number or State Project Number (NCDo,r only):_A
3. Property Identification Number (Tax PIN):?'-7 ?7 p0 4-7,2 i--p
4. Location
County: Nearest Town: 0,-????- _
Suhdivision name (include phase/lot number):_Al,? ors ? 3 _
Directions to site (include road numbers, landmarks, etc.):
5. Site coordinates, if available (I fhM or L,at/Long): _ _ __ `-
(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, Properly size acres
7. Nearest holy of water (str-camsound/ocean/lake):- /ar
8. River Hasin: /Q? ?
(Note - this must be one. of North Carolina's seventeen designated major river hasins. The
Rk,Vr 1111.4i11 1111111 is 11vHiluble tit httt ://h2u.cnr.stEuc.uc.us/udmi11/ttt11 ?y/.)
'). Ocscribe the existing collditiorls oil tlic site and general land use in the vicinity of the protect
III Illy (1111(' (?I Ihls apl)llCatl(?I1: L??..._/?_ c'leaL'l"_(.t _ __C..e.Lr.`/`!j ?"U/e%/_?,--?-.____
-- --------- --
1'itl?t? (i of I
10. Describe the overall project in detail, including the type of equipment to be used:
'?1_?/ P1?_.._7r?} ?j P / l LS7?91![?(?sr r? , y0 / / P?J?PcY Ztr
11. Explain the purpose of the proposed work:
`Jclal to p ., lain--l 141-7 / /iJn
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for th
project (including all prior pleases of the same subdivision) in the past, please explain. Incluc
the USACr Action ID Number, DWQ Project Number, application date, and date permits ar
certifications were issued or withdrawn. Provide photocopies of previously issued permit
certifications or other useful information. Describe previously approved wetland, stream an
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT projec
list and describe permits issued for prior segments of the same T.I.P. project, along wit
construction schedules.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated worl
dart provitla julolfit-IM4in fill; thn nxclut+lon of thlo work fluent the current nppllentloit.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts t
wetlands, open water, and stream channels associated with the project. The applicant must alsi
provide justification for these impacts in Section VII below. All proposed impacts, permanen
and temporary, must be listed herein, and must be clearly identifiable on an accompanying sit
plan. All wethinds and waters, and all streams (intermittent and perennial) must be shown on ;
delineation map, whether or not impacts are proposed to these systems. Wetland and strean
evaluation and delineation forms should be included as appropriate. Photographs may b,
included at the applicant's discretion. If this proposed impact is strictly for wetland or strean
mitigation, list and describe the impact in Section VIII below. If additional space is needed fo
listing or desctiptiott, plose, attAch u scpratc. sheet.
tinge 7 of I?
1. provide a written description of the proposed impacts: 110111 lec-74 SArjr^p Z,a
Aram P!'`CLUOn ..
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on map)
Type of Irnpact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
* List each impact se parately and identify temporary im pacts. Impacts include, but are not limited to- me chanized 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 FF.MA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http:/AVWW.fenla.QOV.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Ray, 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:
'T'otal area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
7Str@aln MPACt
Site Number
(indicate on map)
Type of Impact* engt i p
Impact
(linear feet)
Stream Name* *
' Average Width-
t 1
of Stream
Before Impact
Perennial or
Intermittent?
(please specify)
Impacts, npac A Include, a are no limited to' culverts an associated rip-tap,
lains (separately list Impacts due to both structure and needing), relocation (Include linear feet before and after, and net loss/gain),
slabilimlinn nctivilitss (cement wall, rip?rnp, crib wall, gnbions, etc.), excavation, ditching/mmightenIng, cle. If stream relocation Is
ti mpoklod, NIHne and PfOni6a oitawing 1116 linear flbolpFIRI 1pr bath tits original and relocated streams must be Included.
** Stream names can he found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
dmanslienm named Aiream Into which It flows: 11808 maps are nvnllahle through the 11808 at 1.800.350.9616, Or Online at
www.usRs.pov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapguesl.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Il0q@ A (if I
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlan
Uccan and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on reap)
------
Type of Impact*
- Cie Area of
Impact
(acres)
(a)
10'
( Name p Waterbody
(if applicable) "Type of Waterbody
(lake, pond, estuary, sound.
bay, ocean, etc.)
„
List cacn impact separately and identify temporary impacts. Impacts mciude, but are not limited to: fill, excavation, dredgil
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should I
included above in the wetland and stream impact sections. Also, the proposed pond shou
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): [] uplands [] stream [J wetland
Describe the method of construction (e.g., dam/embankment, excavation, installation
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pon
local slormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to ovoid the proposed impacts. It may be useful to provic
information related to site constraints suct as topography, building ordinances, accessibility, arl
IlnAnciAl viability of tho project. The applicant may attach drawings of alternative, lower-impal
site layouts, and explain why these design options were not feasible. Also discuss how impact
were minimized once the desired site plan was developed. If applicable, discuss constructio
techniq-u7e-s- to be followed during construction to reduce impacts.
c706 _0 /17 C/
VIII. Mitigation
DWQ - In ncordance with 15A NCAC 211 .0500, mitigation may be required by the N(
Division of Water Quality 1br projects Involving greater than or equal to one acre of impacts t,
Cae?tt ?t r wc-Mamig. ov P't "Itt ftl w tgmt toi? 150 li"t feet of total il"IMctiq.t I" rt"miylf
Streams.
PAQP 9 (if 12
USAC( - In accordance with the (-inal Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on Mai-ell 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
htth://h2o.enr.slate.nc.us/ncwetlands/s?ide.httnl.
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.
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
(019) 733-5709 to doter ilino nvnilnbility and to roquost writlnn opprov"I of mitigation pflor
to stihmittal of n PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at littp://1i2o.enr.state.tic.us/wrp/index.littu If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following hilbrination:
Amount of stream mitigation requested (linear feet): 'IV '11-57
Amount of buffer mitigation requested (square feet):..__
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Ainomit of Consinl welltind mitigation requested (acreq), -
Iraae 1 tl 1111 1 ;t
IX. Environmental Documentation (required by DWQ)
Does the projcct involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does (lie project require preparation of an environmental document pursuant to the
requirements of the, National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you arc not sure whether a NEPA/SETA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes [] No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SF_,PA final approval letter.
Yes n No
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (17nndleman Rules and
Water Supply Buffer Requirements), or other (please identify_____-
Yes L] No [_j 1f 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.
7.one* Impact Multiplier Requrec-T
(square feet) Mitigation
I 3
2 - 1.5
Toffll
rn;,r,cnuicV1a1 irvm recur UHTIK of aiaumei; i.One L Cx1e110S nn
additionll 20 (bet from the edge of Zone I.
Page 11 of 12
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 13tiffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
X1. Stornnvater (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.
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.
XII1. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 214.0500) or any Buffer Rules?
Yes [] No F]
Is this an after-the-fact permit application?
Yes [] No
XiV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time Cor 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
Threntened Species, accessibility problems, or other issues outside of the applicant's control).
.l
AppWant/Agent's Signattir? Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
- ----- --- TYPICAL SIGHT DISTANCE
EASEMENT - -- b' _ - --?p Q ?Q p , c9?, F
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NOTE: (50' EASEMENT) -g 9
THE 50' PRIVATE ACCESS EASEMENT
AND/OR RIGHT-OF-WAY (25' EACH SIDE $ --/ TREE CUTTING
r / N N _ ?'
OF PROPERTY LINE) IS FCW THE /J 38 37 so' LqoF ??4 546 E
EXCLUSIVE USE AND BENEFIT OF 4 .10 -?11 1
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Plan Detail Incomplete
? Please provide a location map for the project.
4 61
?. Please show all stream impacts including all fill sloes, disslpators, and bank stabilization on the site plan.
? Please show all wetland impacts including fill slopes on the site plan.
p Please Indicate all buffer impacts on the site plan.
Q Please Indicate proposed lot layout as overlays on the site plan.
? 'please Indicate the location of the protected buffers as overlays on the site plan.
C? C)
CSI 3of 03
? Please locate all Isolated or non-Isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for.aquatic life passage.
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by GC
? Please provide detail for the stormwater management practices as required by GC
cl Please specify the percent of project Imperviousness area based on the estimated built-out conditions.
-Q Please indicate all stormwater outfalle on the site plan.
? Please indicate the diffuse flow provision measures on the site plan. .
2
a
? Please Indicate whether or not the proposed Impacts already been conducted.
?? e?
v
Avoidance and/ r Minimization No Provided \X??
The. 't>:CW9 i -on the plans does not appear to be necessary. Please eliminate the ? or provide ad al Information as to why
it Is necessary.for this project ?Oe 54
This Office belisves that the labeled on the plans as can be moved or reconfigured to avoid the Impacts to .the Please
revise the plans to avoid the Impacts. Ir???,:
This Office believes that the labial on the piano av . can be moved or reconfigured to minimize the Impacts to the Please.
revise the plane to minimize the Impacts
The stormwater discharges at the locallon on the plans labeled will not provide diffuse flow thraough the buffer because Please
revise the plans and provide calcufatlons to show that diffuse flow will be achieved through the entire buffer. If It is not possible. to achieve diffuse
flow through the entire buffer then; it may be necessary to provide stormwater management practices that remove nutrients before the stormwater.
.an be dlacharged through the buffer.
tie applicaton fee was insufficient because over 150 feet of stream andlor over 1 acre of wetland impact was requested. Please provide $
tie additional fee must be received before your application can be reviewed:
case complete Section(s) on the application.
ass provide a signed copy of the appgcation.
toe provide copies of the appflcation, copies of the site plans and other supporting Information,
of compensatory mitigation Is required for this project. Please provide a compensatory mitigation plan. The plan must conform .
requlmments in 15A NCAC 21- 1,0500 and must be appropriate to the type of impacts proposed.
a Indicate which 404 Permit the USACE would use to authorize this project. 1
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