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HomeMy WebLinkAbout20030832 Ver 1_401 Application_20030708APPALACHIAN ENVIRONMENTAL SERVICES LAND & WATER • DESIGN & BUILD June 24, 2003 David Baker ?A? t?N' U.S. Army Corps of Engineers DS1401 0y, Asheville Regulatory Field Office 151 Patton Avenue, Room 208 JUL d1lUi)? Asheville, NC 28801-5006 RE: Biltmore Forest Country Club Stormwater Wetland Dear Mr. Baker, On behalf of the Biltmore Forest Country Club and John and Jill Rose we are submitting Clean Water Act 401 and 404 permit applications for the construction of a stormwater wetland to protect property from a development that is located higher in the watershed in Asheville, Buncombe County, North Carolina. This project is being conducted for environmental, water quality and property protection (Please see Plan Sheets 2, 3, 5 and 6 for the stormwater wetland plan). After the wetland is constructed, we will also be dredging a small pond that has been impacted by the same upstream development (Please see Plan Sheet 4 for the dredging plan). The dredged material will be removed to an upland site away from any waterways or floodplains. Enclosed, please find the following: 1. Agent Authorization Letters (BFCC and Rose) 2. PCN Application 3. Location Map 4. Project Plan If you have any questions, please do not hesitate to call me at 828-586-1973 or by mobile at 828-342-3269. Post Office Box 52 Webster, NC 28788 Mailing 03 A I3?J^38 367 Scotts Creek Road Sylva, NC 28779 Physical J' 828.586.1973 Phone 828.631.0343 Fax 1 F?3??? ?? mickey.henson @appalachianenvironment.com i www.appalachianenvironment.com Sincerely, Mickey B. Henson, SWS, RF Vice President, Hydrologist and Principal Scientist Cc: John Dorney, NC Division of Water Quality - Wetlands Unit (7) Kevin Barnett, NC Division of Water Quality- Asheville Regional Office (1) Larry Frost, NC Division of Water Quality- Asheville Regional Office (1) Owen Anderson, NC Wildlife Resources Commission (1) Mike Brookshire, Buncombe County Erosion Control (1) Biltmore Forest Country Club Page 2 Storrnwater Wetland Office Use Only: Form Version April 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Section 10 Permit ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 27 (Wetland Reclamation) and NWP 33 (Pond Dredging) 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 Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Biltmore Forest Country Club - William Samuels Golf Course Superintendent Mailing Address: 31 Stuyyesant Road Asheville NC 28803 Telephone Number: (828) 274-3575 Fax Number: (828) 274-8465 E-mail Address: bfccwjs(a-ioa.com Name: John and Jill Rose Mailing Address: 3 Eastwood Road Asheville, NC 28803 Telephone Number: (828) 274-0508 Fax Number: (work) (828) 258-1305 E-mail Address: 2. Agent 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: Mickey B Henson VP Hydrologist and Principal Scientist Company Affiliation: Appalachian Environmental Services Mailing Address: Post Office Box 52, Webster, NC 28788 Telephone Number: (828) 586-1973 Fax Number: (828) 631-0343 E-mail Address: mickey henson(a-),appalachianenvironment com Page 3 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: Biltmore Forest Country Club Stormwater Wetland 2. T.I.P. Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): _BFCC: 9646.12-76-6995, John and Jill Rose: 9646.12-96-8364 4. Location County: Buncombe Nearest Town: Biltmore Forest Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): Take Exit 50 (Biltmore Estate) Off of I-40 Go South on Hendersonville Road (Route 25) Go approximately 2.2 Miles and turn Right onto a hidden dirt road just before Eastwood Road. This road leads to the maintenance shed for Biltmore Forest Country Club The site is on Biltmore Forest Country Club's property as well as John and Jill Rose's property. 5. Site coordinates, if available (UTM or Lat/Long): N35°31.857', W82°31.806' (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. Describe the existing land use or condition of the site at the time of this application: Residential/Forested 7. Property size (acres): BFCC: 136.38 acres and Rose: 1.94 acres 8. Nearest body of water (stream/river/sound/ocean/lake): Brown Branch 9. River Basin: French Broad Page 4 of 12 (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/mal2s/.) 10. Describe the purpose of the proposed work: Construct a stormwater wetland to filter sediment and nutrients from a highway and development upstream. And to dredge a pond filled by sediment from a development upstream 11. List the type of equipment to be used to construct the project: Excavator Loader, Dump Truck 12. Describe the land use in the vicinity of this project: Residential, Golf Course and Forested 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. V. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: 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. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be Page 5 of 12 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. Wetland Impacts Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** * List each impact separately and identify temporary impacts. impacts mclude, but are not urmted to: mecnantzed cteanng, graumg, riu, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** . 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: Total area of wetland impact proposed: 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) Sheet 2 - Wetland Dam 40 Brown Branch 8.7 Feet Perennial * List each impact separately and identify temporary impacts. impacts include, but are not umued to: culverts and abbe- -u 11P-lap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topoozone.com, www.mapgucst.com, etc.). Page 6 of 12 Cumulative impacts (linear distance in feet) to all streams on site: 40 Feet (Empoundment) 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on ma - Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. Sheet 4 - Dredging Dredging 0.1219 NA Pond * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. 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.): dam/embankment riser barrel and spillway Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): voluntary stormwater measure Size of watershed draining to pond: 50 Acres Expected pond surface area: 0.25 Acres VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Page 7 of 12 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 Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or'upland vegetated buffers `to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/stn-ngide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Page 8of12 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 401/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://h2o.enr.state.ne.tis/M/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ? No 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 ? 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 (DWQ Only) 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. Page 9 of 12 Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact s uare feet Multiplier Required Miti ation 1 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. XI. Stormwater (DWQ Only) 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 (DWQ 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. XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes E] No Page 10 of 12 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 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). Applicant/Agent's Signa t1v Date (Agent's signature is vali o ly if an authorization letter from the applicant is provided.) US Army Corps Of Engineer s Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell US Army Corps of Engineers Avery Clay Jackson Polk 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Room 208 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes 6508 Falls of the Neuse Road Ashe Franklin Nash Surry Suite 120 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatham Granville Orange Wake Telephone: (919) 876-8441 Davidson Guilford Person Warren Fax: (919) 876-5283 Davie Halifax Randolph Wilkes Washington Regulatory Field Office Beaufort Currituck Jones US Army Corps Of Engineers Bertie Dare Lenoir Post Office Box 1000 Camden Gates Martin Washington, NC 27889-1000 Carteret* Green Pamlico Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Pitt Tyrrell Washington Wayne Union Watauga Yancey Wilson Yadkin *Croatan National Forest Only Z? oe7 Page 11 of 12 p?a:52 8?8531Q2?11 _ 36124/2003 June 24, 2003 David Baker U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Roorn 208 Asheville, NC 28801-5406 F-PPA! ACIIAN NAPO PAGE 02 i i i i DearMr. Balser, I srn authorizing Mickey 8. Henson of Appalachlwl Environmental Service; co act as my agent for the Stormwater Wetland Project !skated an my property it Bilxmorc Fcrgst, Buncombe County, North Carolina. Sincerely, ohn Rose 3 Eastwood Road Asheville, NC 28801 ZO 6 60'8 £OOZ 9Z gin; SOU-89Z-8U!"A NOWS001i'MOOD . June 20, 2003 David Baker U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Dear Mr. Baker, The Biltmore Forest Country Club is authorizing Mickey B. Henson of Appalachian Environmental Services to act as our agent for the Stormwater Wetland Project located on Biltmore Forest Country Club property in Biltmore Forest, Buncombe County, North Carolina. Sincerely, W ? William J. Samuels, Golf Course Superintendent Biltmore Forest Country Club 31 Stuyvesant Road Asheville, NC 28803 1 PM NI-34 \ L 5 N1- , 2204 7 . 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