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HomeMy WebLinkAbout20030832 Ver 2_401 Application_20030922E • "V7` I-O'SUED APPALACHIAN ENVIRONMENTAL SERVICES LAND & WATER • DESIGN & BUILD September 11, 2003 John Dorney N.C. D.W.Q. - Wetlands Unit Parkview Building 2321 Crabtree Blvd., Suite 250 Raleigh, N.C. 27604 rp ti i 2003 RE: Biltmore Forest Country Club Pond Dredging Dear Mr. Dorney, This is a modification to the permit application submitted on July 3, 2003. On behalf of the Biltmore Forest Country Club we are submitting Clean Water Act 401 and 404 permit applications for the dredging of a pond in Buncombe County, North Carolina. This project is being conducted for environmental, water quality and property protection. Please see Plan Sheet 4 for the dredging area. 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) 2. PCN Application 3. Location Map 4. Dredging Area (Sheet 1) 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 367 Scotts Creek Road Sylva NC 28779 Physical 828.586.1973 Phone 828.631.0343 Fax mickey.henson@appalachianenvironmcntcom www.appalachianenvironmentcom Sincerely, Mickey B. Henson, PWS Vice President, Hydrologist and Principal Scientist Cc: David Baker, US Army Corps of Engineers (1) Kevin Barnett, 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 Stormwater Wedand BILL Sf- MLELS 09;1112003 11:1E 823631E+343 September 11, 2003 David Baker U.S. Army Corps of Engineers Ashe-011e Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801-5046 Dear Mr. Baker. S22 274 E4E5 09/12.103 07:12am F. C02 APPAL4CH14N E`VIRC PAGE 02 The Biltmore Forest County Club is authorizing Mickey B. Denson of Appalachian Environmental Services to act as our agent for the Pond Dredging Project on Biltmore Forest Country Club property in Biltmore Forest, Buncombe County, North Carolina. Sincerely, William 1. Samuels, Golf Course Superintendent Biltmore Forest Country Club 31 Stuyvcsant Road Asheville, NC 28803 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 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 Countrv Club - William Samuels. Golf Course Superintendent Mailing Address: 31 Stuyvesant Road, Asheville, NC 28803 Telephone Number: (828) 274-3575 Fax Number: (828) 274-8465 E-mail Address: bfccwjs@ioa.com 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, H d?gist 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 Pond Dredginiz 2. T.I.P. Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): BFCC: 9646.12-76-6995 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. 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 8. Nearest body of water (stream/river/sound/ocean/lake): Brown Branch 9. 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 h_pt ://h2o.enr.state.nc.us/admin/mgps/.) Page 4 of 12 10. Describe the purpose of the proposed work: To dredge a pond. 11. List the type of equipment to be used to construct the project: Excavator and 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 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 Wetlnd ct Area of I t t Distance to Site Number Type of Impact* Impact 100-ear F o d la ** Neeares Stream Type of Wetland*** Page 5 of 12 indicate on « List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized 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 FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fcma.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) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts 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, 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 internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapguest.com, etc.). 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 Type of Impact* Area of Name of Waterbody Type of Waterbody Site Number Impact if applicable) lake, pond, estuary, sound, Page 6 of 12 (indicate on ma acres 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.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: 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. Pond is filliniz with sediment and needs to be dredeed. Sediment will be stored in an upland area away from all waterbodies. 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 Page 7 of 12 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 htip://h2o.enr.state.nc.us/ncwetlands/strmgide.htrffl. 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) 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 Page 8 of 12 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.nc.us/wm/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 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 (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 ? 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. 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. Page 9 of 12 Zone* Impact ` (square feet Multiplier Required Mitigation 1 3 2 1.5 Total Lone I extends out SU feet perpendicular from near bank of channel; Zone Z 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 211.0500) or any Buffer Rules? Yes ? No 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 Page 10 of 12 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 Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union US Army Corps of Engineers Avery Clay Jackson Polk Watauga 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey Room 208 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain Fax: (828) 2714858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin 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 Pitt US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell Post Office Box 1000 Camden Gates Martin Washington Washington, NC 27889-1000 Carteret* Green Pamlico Wayne Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland US Fish and Wildlife Service / National Marine Fisheries Service US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service Raleigh Field Office Asheville Field Office Habitat Conservation Division Page 11 of 12 PROL ry` ' / - O UsgF FRO t 5t S L5t OBEs QQ CORNE` Est 5t _ -' R 5 Est Est JSEEEpp F? 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