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HomeMy WebLinkAbout20031235 Ver 1_Complete File_20030102O?O? \ NA T F9pG Co r o ? November 19, 2003 DWQ# 03-1235 Yadkin County Mr. Manley Todd Carter 1905 West Main Street Yadkinville, NC 27055 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Carter: You have our approval, in accordance with the attached conditions, to place permanent fill in 110 linear feet of intermittent stream and to flood 282 linear feet of intermittent stream along an unnamed tributary to Cranberry Creek in order to construct a private recreational pond in Yadkin County, as described in your application received by the Division of Water Quality (DWQ) on October 2, 2003. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3402 which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 39 when it is issued by the U.S. Army Corps of Engineers. In addition, you should get any other federal, state or local permits before you proceed with your project including (but not limited to) those required by 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 valid only for the purpose and design that you have 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 certifications, as well as the additional conditions listed below: 1. No waste, spoil, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the 404/401 Permit Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 2. Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable instead of riprap or other bank hardening methods. If riprap is necessary, its use in the streambed shall be limited to the minimum amount required to prevent scouring at the discharge end of the culvert during normal flow conditions. 3. Concrete shall not be allowed to come in contact with any surface waters until it has completely cured. Michael F. Easley, Governor William G. Koss Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (httn://h2o.enr.state.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 4. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids and other toxic materials. 5. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. This certificate should be sent to the 401/Wetlands Unit of the NC Division of Water Quality at the address listed on the form. Along with the Certificate of Completion form, please send photographs upstream and downstream of each culvert site in order to document correct installation. 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 1506 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 Daryl Lamb in the DWQ Winston-Salem Regional Office at 336-771- 4600 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, Alan W. Klimek, P.E. AW K/cdl Attachments cc: U. S. Army Corps of Engineers, Raleigh Regulatory Field Office Winston-Salem DWQ Regional Office Central Files Wetlands/401 File Copy Triage Check List Date: l6/ 16-3 To From: Telephone : (919) The file attached is being forwarded to your for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination ? Wetland determination and distance to blue-line surface waters on USFW topo maps EJ"Minimization/avoidance issues ? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: _ Project Name: DWQ#: 03 - /)'3- County: ? ARO Mike Parker ? WaRO Tom Steffens ? ? FRO Ken Averitte MRO Alan Johnson ? WiRO Noelle Lutheran WSRO Daryl Lamb ? RRO Steve Mitchell "- I CE c cl "?6) ej --f Q dss/ e '? i? 1 C IUG?Q G I 346/0; z- I? 12e??--?,;? 1 ? - ' 1e -7 C1a w, Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. (if anv narticular item is not analicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing I . 7section k all of the approval(s) requested for this project: 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ? 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested:/t??77Gfi40?4//'OLD 3 • 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 (verify availability with NCWRP prior to submittal of PCN), 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 1. Owner/Applicant Information ?.)C T - j l UlJ i 0 4A ?¢ALlf Name: Y 7-10.0 Mailing Address:_ Z11 0 C Wrf r 1041.-V e 0. Z M1 T U I. , Telephone Number: Fax Number: r r. r- E-mail Address: M. C& 167 A3 ing B /o' 0 . 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: 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:a PONiO 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN) 1,41 cc) ,*? C ?? ;L3 ?? 0 4. Location County: Nearest Town: L?/?//4' u/LL Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): 4 •? ??? o>`.S Aim ira -a U LD ll.1' .? 0 r./ crr ''Ti N L #.v X040 Al#TA`" leo,40 .AAIXVe'A...11/a GSFr' 5. 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.) 6. Property size (acres): 4q r ? c £? 7. Nearest body of water (stream/river/sound/ocean/lake): 8. River Basin: Jr.- OX141 (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at llttp•//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: tCe/?ri ce-t+A of ?aT r t£S ,? .t??0 TLS ,? oyw ,mssri.Y ,Q,W AXACS 44 .sra" . Page 6 of 12 IV. V. VI. 10. Describe the overall .A? AdM .A "7_ If A-# 11. Explain the Prior Project History of the in detail, includii t? (r2 X A1 work: the type of equi ment to be used: C D M r . ,? ` .r ,L L /rN LG - 'um a 4.aL,y ar r? P% o 4:?OVL? /f PTAVC- S U t ,D 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. 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. Wo"V 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. Page 7 of 12 Provide a written description of the proposed impacts: 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on ma Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (ye o) Distance to Nearest Stream linear feet Type of Wetland*** -A; All ' List each impact separately and identity temporary impacts. impacts tnciuue, out arc not 111111MU .U...,o...o...?.........s• s °? e+ 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 htla:/hvww.lcma,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.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Total area of wetland impact proposed: 3. Individually list all intermittent and perennial stream impacts below: 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) Ctl? .h N-3 f At'" N/ /INMb-Q ` /rvrexA /rre.,v .29 /0 ? VP1,U1 XrX7tJ- '0 At 7 1 1 - - .: _? .,. _A ;.*-A * List each impact separately and identity temporary impacts. impacts mciuuG, out ZUV uUL 111111WO w. Cu. VC u..., •r -r+ 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-%16, or online at www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 317 /' 'Z fr Page 8 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: 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. * List each impact separately and identify temporary impacts. impacts mctuae, out are not umneu W. uu, cncavauVu, .-r '-r flooding, drainage. bulkheads, etc. 5. 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.): A cvf u/ i rl"" d 6Wf er y 5'16 c 4 Proposed use or purpose of pond (e.g., liv stock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): A Cf r-/P'f Size of watershed draining to pond: ,4dXE Expected pond surface area: 0, A-eA C- 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. <!f C??4 N D co.v f #-le & r< f iavv ovle . a#0 e .006pvwo. 9040 ;a s .00 w>t w ,? y 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 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 cnr state nc us/newetlands/strmp,ide.htiii1. 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. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/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): Page 10 of 12 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) 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 (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .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 Multiplier Required Mitigation (square feet 1 3 2 1.5 Total • Tone 1 extends out 30 feet perpendicular from near oanK 01 ontuillm, c,vnc additional 20 feet from the edge of Zone 1. Page 11 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. 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. 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. 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