HomeMy WebLinkAbout20020190 Ver 1_COMPLETE FILE_20020207O OF W AT ?R?G
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Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
March 1, 2002
DWQ# 02-0190
Beaufort County
Philip Crews
130 Ridge Road
Chocowinity, NC, 27817
APPROVAL of 401 Water Quality Certification and Tar-Pamlico River Buffer Rules with Additional Conditions
Dear Mr. Crews:
You have our approval, in accordance with the attached conditions, to place fill in 0.05 acre of wetlands in order to
construct a road crossing on your property in Beaufort County, as described in your application received by the Division of
Water Quality on February 7, 2002, and in additional correspondence received March 1, 2002. After reviewing your
application, we have determined that this fill is covered by General Water Quality Certification Number 3289, which can be
downloaded from our web site at http://h2o.enr.state.nc.us/nc%k,etIands . This Certification allows you to use Nationwide Permit
Number 14 when it is issued by the U.S. Army Corps of Engineers. 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, Non-Discharge and Water Supply
Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise
specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification.
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 Tom Steffens in our Washington Regional Office at 252-946-6481 or Cyndi Karoly in the
Central Office at 919-733-9721.
Sincerely,
Gregory J. Thorpe, Ph.D.
v
Attachments
cc: Corps of Engineers Washington Regulatory Field Office
Washington DWQ Regional Office
Central Files
File Copy
020190
"forth Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1;,:50 Mail Service Center. Ralei,h. INC 27699-1550 (Mailing Address)
2'21 Crattr=? Blvd . Rale;ch. NC 27604-2290 (Location)
Re status - 011897; currituck county
Subject: Re: status - 011897; currituck county
Date: Thu, 28 Feb 2002 11:45:46 -0500
From: Tom Steffens <Tom.Steffens @ncmail. net>
To: Cyndi Karoly <cyndi.karoly@ncmail.net>
CC: John Domey <john.dorney@ncmail.net>
Cyndi,
I did a site visit today on the Phil Cruise project NW18, Beaufort Co, #
02-0190. I understand it is on hold for a more detailed picture of the
impact. Applicant is to fax you a better picture today, I recommend Issue
w/o cond. Very good project.
# 01-1897 Issue w/ /no conditions... no significant impact that I can see.
Entered into filepro also.
Toms
John Dorney wrote:
> can we issue this one? the only thing that cyndi, bob and i see is that
> they need to account for the small amount (100 square feet?) of wetlands
> left upslope of the subdivision road as well as including deed
> notifications. please advise. the consultant is calling. thankx
Tom Steffens <Tom.Steffens@ncmail. net>
Environmental Specialist II
DENR/DWQ/WaRO
.401 Wetlands
v
I of 1 2/28/02 2:43 PM
To: Cyndi Karoly J I
MAR 1
From: Philip Crews
130 Ridge Road
Chocowinity, NC 27817
Subject: DWQ Project No. 02-0190
I am enclosing the additional information you requested in your letter of February 13"i. In addition, I met
with Tom Steffens at the site today to review my plan and to get his help with my drawing. The proposed
driveway will be gravel and will connect high ground to high ground for residential use. We have selected
a route for the proposed driveway that crosses the minimum amount of wetland area. I have attached a
marked-up copy of the original drawing I sent to you and a more detailed drawing showing the drive in
relation to the wetland area. If you have any questions, please give me a call at 252-945-1604. 'thank you.
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OF W A r?R Michael F. Easley
Ot pG Governor
C0 f j William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
4 Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
February 13, 2002
Beaufort County
DWQ Project No. 02-0190
I
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Pio -
F I w F R
Philip Crews
130 Ridge Road
Chocowinity, NC, 27817
Dear Mr. Crews:
On February 7, 2002, the NC Division of Water Quality (DWQ) received your application for a 401 Water
Quality Certification for a road crossing on your property in Beaufort 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:
• Please provide a site plan clearly illustrating the proposed road and wetland areas occurring within the
footprint of the road. You have provided a site map with an arrow pointing to a boxed area, but it is not
clear where the road alignment is. Please discuss why the wetland impacts within this fill area cannot be
avoided.
Until the information requested in this 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 Cyndi Karoly in our Central Office in
Raleigh at (919) 733-1786.
Sincerely,
John Dorney
cc: Corps of Engineers Washington Regulatory Field Office
Washington DWQ Regional Office
File Copy
Central Files
020190
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd Raleigh, NC 27601-2260 (Location)
.. ;FB - T
Office Use Only: Form Version October 2001
USACE Action ID No. DWQ No. ?? u?t • R+
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. Chege all of the approval(s) requested for this project:
'Section 404 Permit
Ll? ? S tion 10 Permit
401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested:
19
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 Inf mation
Name: I,, ,• J` Q- WS
Mailing Address:
Telephone Number: 2--Y-2-- 9 ? 62-I 3 2-6 Fax Number: 2-S'Z. - 5 Y C - T z S
E-mail Address: ?c+'ewl C--?
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:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
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: C ? t (
4
T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 6G v `'f S
Location
County:
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
T4 e_ 0-: UIL. rc9.-I 1-4J., /-t- ,-
Site coordinates, if available (UTM or Lat/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.)
Describe the existing land use or condition of the site at the time of this application:
.- -? 4 1 U S,-- --vt r r x O F CIS ?-e/ ??./
7. Property size (acres): 17. S -,+C--
8. Nearest body of water (stream/river/sound/ocean/lake):
9. River Basin: Ar-Ilt'r-0
(Note --this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http:r,'h2o.enr.state.nc.usia(Imin/mans/.)
Page 6 of 12
Nearest Town: VV sS Wnt, 7-,,
10. Describe the purpose of the proposed work:
V F a rvv w i >? -i
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11. List the type of equipment to be used to constrict the project: r4 r' g Cj- 4, -
12. Describe the land use in the vicinity of this project:- S; ?o 3 t S ,?
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
constriction schedules.
V. Future Project Plans
Are any future permit requests anticipated for this project`? If so, describe the anticipated work.
and prov?ifcation 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 &termine, 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.
Page 7 of 12
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***
I F' 11 , o e S c.ao r r ?,?,.,/
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, d itching/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 FEMAapproved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online athtto:' \v\vw..tcma 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: • c?
1
2. Stream Impacts, including all intermittent and perennial streams /1/(/¢
Stream Impact
Site Number
indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent'?
leases ecif
List each impact separately and identity temporary impacts. Impacts include, but arc not limited to: culverts and associated rip-rap,
darts (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
w%vw.usizs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topoione.coni,
wv).vw.nutnquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Page 8 of 12
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S. n u(k
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.)
? IN cacu unpaci scpatatuiy anu iuenury temporary impacts. impacts mcluae, out are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc. //
4. Pond Creation NI?
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.
--TeVT
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2I-I .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 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
httl?:?'h2o.enr.state.nc.us-'ncwetlandsistrm?idc.htrnl.
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
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 hup / h2o ct,r.staic.r,c.us;wrP:iu&.e i,<<„ 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):
Pagc 10 of 12
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 Q/
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(NeLISe), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requ ts), or other (please identify )'?
Yes r] No ire ? 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
(square feet) Multiplier Required
Mitigation
l 3
2 1.5
Total
i.unc i cxt enus out -?o icet pcrpenuictuar from near nanK Of enannel: [.one 2 extends an
additional 20 feet from the edge of Zone 1.
Page I I 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 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 DW etland Rules (15A NCAC 2H .0500) or any Buffer Rules'?
Yes ? No
Is this an after-the- fact permit a lication'?
Yes ? No le
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).
?- OZ
`Z
Applicant/Agg+it's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Pagc 12 of 12
Project Description
The purpose of this project is to connect two adjacent areas of high ground with a gravel road. The project
will impact a wetland area approximately 18 feet wide by 120 feet long. The road will be placed to
minimize impact to trees in the wetland area. The road will be constructed by removing all vegetation in
the roadbed. Organic material from the surface will be excavated and removed and the excavation will be
filled with clean select sand fill material. To ensure natural flow of runoff, two 30 inch pipes will be placed
at the road crossing.
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--- - --------
BEAUFORT COUNTY 1 in= 412.04 feet
Parcel: 6604-54-5077
Date: 12/07/01
S THIS MAP IS PREPARED FROM RECORDED DEEDS,
I PLATS AND OTHER PUBLIC RECORDS DATA. USERS OF
f ;J J J THIS MAP ARE HEREBY NOTIFIED THAT THE AFOR-
MENTIONED PUBLIC PRIMARY INFORMATION SOURCES
P 171 > ,??'? i,i> SHOULD BE CCNSULTED FOR VERIFICATION OF THE
INFORMATION CONTAINED ON THIS MAP THE COUNTY
_ C,0OASSUMES NO LEGAL RESPONSIBILITY FOR THE INFOR-
MATION CONTAINED ON THIS MAP.
LAND RECORDS
GEOGRAPHIC INFORMATION
SYSTEMS
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