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HomeMy WebLinkAbout20080104 Ver 1_401 Application_20080108.~ TERRY E. ALLEN, ENGINEER Post Office Box 103 Rosman, North Carolina 28772 Phone (828) 877-4883 Fax (828) 877-4893 December 24, 2007 08"~1°a SUBJECT: Pre-Construction Notification (PCN) Application Form for 401/404 Permits for MIKE SPRINGMAN Residence, East Fork Road, Brevard, Transylvania County, North Carolina -Permit No. NCGO10000, DWQ NOV-2007-PC-0559, Land Quality Project ID TRANS-2008-006 Roger C. Edwards Regional Supervisor NC Division of Water Quality 2090 U.S. Hwy 70 Swannanoa, NC 28778 Dear Mr. Edwards: JA N 14 BOOB l^~TI.gHDS AND S70RMNt4~ . ~ 5 Dk ~ MafH Enclosed, please find the PCN Application Form for the 401/404 permit for the subject project. This is a restoration project to remedy the trout buffer disturbance and stream impacts at the Mike Springman Residence in Transylvania County, North Carolina. A pond has been constructed and fill material has been placed into Garren Branch (Class C-Trout). Approximately 525 feet of trout buffer has been disturbed. A Notice of Violation (NOV) was issued by the Division of Water Quality on August 31, 2007. The major features of this restoration plan include; dewatering the impoundment, removal of the earthen dam, restoring the channel to its original alignment and condition, and restoring the disturbed buffer areas. Garren Branch will be temporarily diverted around the pond site while the restoration work is being performed. A temporary sediment trap and other erosion control measures will be installed immediately down gradient of the pond site. A separate NOV was issued by the Land Quality Section on August 9, 2007. The Land Quality NOV has been addressed by the implementation of an after-the-fact Erosion and Sedimentation Control Plan. By coRy of the letter, a trout buffer variance is hereby requested from the Land Oualitv Section. This variance is to restore the 525 linear feet of trout buffer that was previously disturbed by the creation of the pond and earthen dam. If you have any questions, please do not hesitate to contact me. Sincerely ./ ~ ~_ Terry .Allen, P.E Co ting Engineer Attachments CC w/ attachments: 401 PERMITTING Division of Water Quality 7 copies of 401/404 PCN Application Form w/ 401/Wetlands Unit 8-1/2x11 drawings and Check for Application Review Fee ($475.00) 1650 Mail Service Center Raleigh, NC 27699-1650 FISH & WILDLIFE PERMITTING U.S. Fish and Wildlife Service 1 copy of 401/404 PCN Application Form w/ Asheville Field Office 24"x36" drawings 160 Zillicoa Street Asheville, NC 28801 NC WILDLIFE PERMITTING NC Wildlife Res. Commission Old Fish Hatchery Attn: Mr. Dave McHenry 20830 Great Smokey Mt. Expressway Waynesville, NC 28786 1 copy of 401/404 PCN Application Form w/ 24"x36" drawings USACE PERMITTING Asheville Regulatory Field Office 1 copy of 401/404 PCN Application Form w/ US Army Corps of Engineers 24"x36" drawings 151 Patton Ave, Room 208 Asheville, NC 28801-5006 SEDIMENTATION & EROSION CONTROL Janet Boyer, PE 1 copy of 401/404 PCN Application Form w/ NCDENR Land Quality 24"x36" drawings Asheville Regional Office 2090 US Hwy 70 Swannanoa, NC 28778 TROUT BUFFER VARIANCE Division of Land Resources Land Quality Section ATTN: Gray Hauser, Jr., PE 1612 Mail Service Center Raleigh, NC 27699-1612 919-733-4574 1 copy of 401/404 PCN Application Form w/ 24"x36" drawings INFORMATION COPY Mike Springman 1608 Harbor Dr. Meritt Island, FL 32952 1 copy of 401/404 PCN Application Form w/ 24"x36" drawings -~ Office Use Only: Form Version March OS 0 ~3 - 0 1 0 4 USAGE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not appncanie or . i~iH .J I. Processing 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 ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Corps (Nancy Wallace) said to send in Plan and they will decide which permit numbers apply. 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ^ II. Applicant Information ~~~~~ ~~~~ ~K :~ r. Owner/Applicant Information „,4N ~. ~ 2 sQtS Name: Michael E Sprin~gman p~Na_,mar~ai~~sa~i? Mailing Address: 1608 Harbour Dr. Merritt Island, FL 32952 t"JETIAYDSANDSTORMN,SaTrK~=:^a~~~~ Telephone Number: 321-452-8115 Fax Number: 321-452-8115 E-mail Address: 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: Terry E Allen PE - Company Affiliation: T E ALLEN ENGINEERING, PC Mailing Address: P.O. Box 103 Rosman NC 28772 Telephone Number: 828-877-4883 Fax Number: 828-877-4893 E-mail Address: tealleneng(a)citcom net Page 5 of 12 .'~ III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Mike Sprin~man Residence 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: Transylvania Nearest Town: Brevard Subdivision name (include phase/lot number): East Fork Road Directions to site (include road numbers/names, landmarks, etc.): Take Hwy 178 S from Rosman turn Left onto East Fork Rd. (SR 1107) cross 1St bridge over the East Fork of French Broad River site is on the right. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35 07' 19" °N 082 46' OS" °W 6. Property size (acres): 40.48 7. Name of nearest receiving body of water: Garren Branch (Class C-Trout) 8. River Basin: French Broad (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: This is an AFTER-THE-FACT restoration plan to address a pond removal A pond has been constructed and fill material has been placed into Garren Branch (Class C-Trout Waters) Approximately 525 feet of trout buffer has been disturbed. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: Install temporary diversion to route stream flow around the pond. Drain pond, remove earthen dam, restore Garren Branch Channel to its original condition and alignment, restore buffer areas. 11. Explain the purpose of the proposed work: To remove stream impacts and to restore Garren Branch to its original condition and ali n IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. A Notice of Violation (NOV) was issued by the Land Quality Section on August 9 2007 and was addressed in anAfter-the-Fact S&EC Plan. A separate NOV from the Division of Water Quality was issued on August 31, 2007 and is addressed by this After-the-Fact Restoration Plan. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. NO VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Approximately 525 feet of trout buffer has been disturbed without a permit. A pond has been constructed and fill material has been placed into Garren Branch. This Restoration Plan is intended to remed ty hese impacts. Page 7 of 12 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, senarately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain ( es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) NONE Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must he included_ Te calculate acreage. multiply length X width. then divide by 43,560. Stream Impact Number (indicate on ma Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Length (linear feet) Area of Impact (acres 1 Garren Branch Remove Pond Intermittent 3 FT 525 FT 1.25 Total Stream Impact (by length and acreage) 525 1.25 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill_ excavatien_ dred~in~_ floedin~. drainage. bulkheads. etc. Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) N/A Total Open Water Impact (acres) Page 8 of 12 6. List t he cumulative im act to all Waters of the U.S. resulting from the project Stream Impact (acres): 1.25 Wetland Impact (acres): Open Water Impact (acres): Total Impact to Waters of the U.S. (acres) Total Stream Impact (linear feet): 1.25 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. 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): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: VII. Impact Justification (Avoidance and Minimization) Expected pond surface area: Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The pond and buffer zone disturbances are to be removed and the ordinal channel alignment is to be re-established. The earthen dam is to be removed and all disturbed areas are to be restored. 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. Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, 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 NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 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 Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount ofNon-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ^ No 2. If yes, does the 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 are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ 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. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify Trout Buffer )? Yes ® No ^ 2. If "yes", 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. * Impact Required Zone ,_______ r _,~ Multiplier T~.4.....4..... 1 3 (2 for Catawba) 2 52,500 1.5 Total I 52,500 * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. N/A Page 11 of 12 XI. Stormwater (required by DWQ) Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. There is no impervious acreage associated with this restoration work. 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. There is no sewage disposal associate with this restoration work. The residences in the nearby area are served by individual on-site septic systems. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ® No ^ Is this an after-the-fact permit application? Yes ® No ^ XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This restoration project will remedy existing impacts and improve downstream water quality. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). ~~~-c~o~ Applic t/Age s Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 -- r- •.- N ~-- c ~ SPRINGMAN PROPERTY EARTHEN DAM BREACH PLAN STREAM RESTORATION PLAN Prepared for. Mike Springman 1608 Harbor Drive Merritt Island, FL 32952 321403-3936 Cell 321-452-6115 Home/Fax 828-677-2882 Local PREPARED BY: T.E. ALLEN ENgNEERING, PC P.O. Box 103 Rosman, NC 28772 828-877-4883 828-877-4893 Fox SCHEDULE OF DRAWINGS R-1 JURISDICTIONAL DETERMINATION R-2 EXISTING SITE PLAN -DAM & IMPOUNDMENT DECEMBER 21, 2007 R-3 SITE RESTORATION PLAN R-4 STREAM PROFILE PRELIMINARY R-5 CHANNEL CROSS-SECTIONS Nor FoR coNSTRUCnoN R-6 DETAILS (For Permlt Review Only) rAUw re ait+u moot mxu~ ROSMAN ~ SR 1388 ~ ~~ .` , \ `` ' ~~FRENCH ; SITE '~( ' `LOCATED OFF GARREN CREE ~ ~ ~ ~~1107 ~ ~~ ) NC 178 ~ VICINITY MAP ~ (not to seole) ~' ~~ ~$~ ~ ~ ``\ ~ ~ w ~ ~ , \ ~ g kl 8 ~ C~ s ~ ~ _ ~ n 0' ~ ~~ i ~ •% 4 ,p, ~ % f ~ / i ` i~ ~ ;,,~6'+'/ ~ ~",old r i ra ~ '. L _o~ o ~ //~'-'f .~ \ a ' (/ ~4k.\ ~ 9 /~ , . ~~ b ~ •~ : ••e .. ~ ri r 4,ar ~ / ~ ~ ~ ~ 9 ' \ ~ • ``\~ ~ ~ I 9 \ g ! 's _T7 j v ~ \ ~` ~ ` 1~`~_\~! iii ~ ~ ~ ~ ~` q ~ ~~ f~~,1 ,p At .~ F' ~v ' v a ~ ~~ ~ ~~ ~ ~ ~ ~:. ;~.~° ~~~ ~~#^! . 1 R D r R t 1 3 L - • • v• ! 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