HomeMy WebLinkAbout20100070 Ver 1_401 Application_201001104
NC WILDLIFE RESOURCES COMMISSION
DIVISION OF ENGINEERING SERVICES
20100070
t?
NC DWQ, 401 /Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Sirs:
Enclosed you will find five (5) sets of drawings (3-11X17 & 2-24X36) and five (5)
PCN's for the construction of the Shiloh Mills Public Fishing Area, Tar River,
Edgecombe County, North Carolina. I have requesting a GP 197800056 from the COE
for this work.
I have been told by Amy Chapman with DWQ that this is a permissible structure and
does not require mitigation.
Please review this request and if you have questions or need additional information, let
me know.
Sincerely,
Michael Benteen
Facilities Engineer, NCWRC
(704) 821-3157
Division of Engineering Services
Mailing Address: 1720 Mail Service Center ? Raleigh, NC 27699-1720
Office Location: 1751 Varsity Drive ? Raleigh, NC ? Telephone: (919) 707-0150 ? Fax: (919) 707-0162
5031 Cambridge Oaks Drive
Matthews, NC 28104
January 8, 2010
,-- R 2C 1 0 0 0 7 0
Jan 21, 2010 4:45:50 PM
OCP AP DOCUMENT GENERAL INFORMATION DGI
NEXT FUNCTION: ACTION: HISTORY: 01/21/2010 16:45:28
PAY ENTITY : 17PT VENDOR/EMP NUMBER: 566000372 40
VEND/EMP SHORT NAME: DENR DOCUMENT NUMBER SHILOH120309
DOCUMENT DATE : 12/03/2009
CONTROL NUMBER : 0426 CONTROL DATE 12/07/2009
DOCUMENT TYPE : INVOICE APPLICATION AREA LM
DOCUMENT STATUS : PD-FULL DATE ENTERED 12/07/2009
CURRENCY CODE DATE LAST UPDATED: 12/07/2009
GROSS DOC AMOUNT 240.00 PROV ACCTG DATE .
AMOUNT PAID 240.00
COUNTY CDE/TRIP NBR:
PO REFERENCE
SIGN APPROVAL CODE
DATES APPROVED
REMIT MESSAGE: DWQ MINOR PERMIT FOR SHILOH MILLS PFA
JAS! 2010
DENR • WATER QU CITY
Y?ETLIl-IS AND CA SPA"
Jan 21, 2010 4:55:31 PM
OCP AP DOCUMENT PAYMENT GENERAL INFORMATION
DPG
NEXT FUNCTION: ACTION: HISTORY: 01/21/2010 16:55:26
BROWSE:
-------------------------------------------------------------------------------
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PAY ENTITY 17PT VEND/EMP NBR: 566000372 40
VEND/EMP SHORT NAME: DENR DOCUMENT NBR: SHILOH120309
DOCUMENT DATE : 12/03/2009 PAYMENT NBR: 001 PRTL PYMT NBR: 000
IND AMOUNT
SALES TAX/VAT VAT INCLUSIVE : N
SALES TAX 2 EXPENSE IND
SALES TAX 3 GL EFFECTIVE DATE: 12/07/2009
FREIGHT EXTRACT DATE
ADDITIONAL COST ACCRUAL CANC DATE:
GROSS INVOICE 240.00 CURRENCY CODE
PAYMENT AMOUNT 240.00 DISCOUNT TYPE NOT TAKEN
AMOUNT PAID 240.00 DISCOUNT TAKEN .00
PAYMENT STATUS PAID
PAYMENT TERMS NET PAY IMMEDIATELY PAYMENT REF NBR 0000040756
PAYMENT DATE 12/07/2009 PAYMENT TYPE ELECTRONIC
PAYMENT ROUTE CD HANDLING CODE
FACTOR NUMBER ONE INVC PER PYMT: YES
REASON CODE/DESC BANK ACCT PYMT CD: IGO
2 0 1 0 0 0 7 0
O??j??FyWjA TF?9QG
olqiii? -c
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PC Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit ®Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: GP 197800056
1 c. Has the NWP or GP number been verified by the Corps? ? Yes N No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
N 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ® Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:
? Yes N No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. N Yes ? No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes N No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Shiloh Mills PFA
2b. County: Edgecombe County
2c. Nearest municipality / town: Tarboro, NC
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state
project no: N/A
3. Owner Information
3a. Name(s) on Recorded Deed: Edgecombe County
P_
3b. Deed Book and Page No. 1322/0630
3c. Responsible Party (for LLC if
applicable): N/A
J'a N n ;
3d. Street address: P.O. Box 10 '
N:OUD
3e. City, state, zip: Tarboro, NC 27886
3f. Telephone no.: 252-641-5775
3g. Fax no.: 252-641-1230
3h. Email address:
Page I of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ® Other, specify: Partnership
4b. Name: Michael Benteen
4c. Business name
(if applicable): North Carolina Wildlife Resources Commission
4d. Street address: 5031 Cambridge Oaks Drive
4e. City, state, zip: Matthews, NC 28104
4f. Telephone no.: 704-821-3157
4g. Fax no.:
4h. Email address: mbenteen@carolina.rr.com
5. AgentlConsultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel ID): 4748-68-2522
Latitude: 35.906775N Longitude: -
1 b. Site coordinates (in decimal degrees): 77.492864W
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 9.33 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Tar River
proposed project:
2b. Water Quality Classification of nearest receiving water: C;NSW
2c. River basin: Tar-Pamlico Basin
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Land use is light rural and light agricultural. The site is in a natural, overgrown state and has been used as a trash dump.
3b. List the total estimated acreage of all existing wetlands on the property:
Approximately 0.065 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Approximately 500
3d. Explain the purpose of the proposed project:
This area is used as an unconfined access area and fishing spot by the public on the Tar River. The area accumulates
trash and is trampled by foot traffic. This project is meant to cutoff traffic from going to the river bank and make it difficult
to walk anywhere but on the pathway. It will give fishermen a place to bank fish without trampling the bank. It will give
the handicapped a place to park and enjoy fishing in this spot.
3e. Describe the overall project in detail, including the type of equipment to be used:
The existing entrance drive into the site will be widened and covered with ABC. A 10-space parking area will be built
along Route 258 to give users a place to park off the road. A concrete ADA parking space will be located just above
MHW that will cutoff vehicle traffic from going to the river bank. An elevated walkway will be built to the fishing platform
along the river bank.
Equipment used will be a small dozer to widen the existing drive and build the parking pad and a backhoe with auger to
auger the post substructure into the ground.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Comments: Maria Dunn and a PE from the North Carolina ? Yes ® No ? Unknown
Wildlife Resources Commission identified wetlands on the
property. The design was made to not infringe on these
wetlands.
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? ? Yes ® No ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 11
PCN Form -Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands ® Streams - tributaries ® Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404 width (linear
Temporary (T) (INT)? ,
other) (feet) feet)
S1 ®P ? T Fishing Platform Tar River ® PER
? INT ® Corps
? DWQ 124 45
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 45
3i. Comments:
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number -
Permanent (P) or
Temporary 4b.
Name of waterbody
(if applicable) 4c.
Type of impact 4d.
Waterbody type 4e.
Area of impact (acres)
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4E Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a.
Pond ID
b 5b.
Proposed use or purpose 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland
(acres)
num
er of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5E Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ® Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required.
B1 ®P ? T Fishing
Platform Tar River ® Nos 603 0
B2 ®P ? T Acces
to
Tar River ? Yes
® No
208
363
Platform
B3 ?P?T ?Yes
? No
6h. Total buffer impacts 811 363
6i. Comments: All construction within the buffers will be elevated on posts. Allowable use per Amy Chapman.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The walkway is supported entirely on poles in the buffer areas. This will allow the vegetation in the buffer area to re-establish
itself.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction will be done at low water.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ? Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
? Mitigation bank
2c. If yes, which mitigation option will be used for this
? P
i
t t
li
f
project? aymen
n-
o
eu
ee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
6. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ? No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 11
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ? No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: The parking area outside the buffers is level so diffuse flow will come off ? Yes ® No
it just as it would a level spreader. The elevated deck inside the buffer is also level
to have difuse flow run onto the undisturber vegetation below it.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 1.6%
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Low Density: Less than 24% impervious,
transport via vegetated conveyance, diffuse flow from parking
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Edgecombe County
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
apply (check all that apply): ? USMP
? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
4a. Which of the following state-implemented stormwater management programs apply E] HQW
? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. 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.
This project will not generate waste water. It will allow the buffer vegetation to re-establish itself to act as a better buffer.
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ? No
impacts?
Raleigh
®
5c. If yes, indicate the USFWS Field Office you have contacted.
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Mark Bowers - USFWS
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Website
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
State Historic Preservation Office Website
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No
8b. If yes, explain how project meets FEMA requirements: Only substructure is in 100-year zone. Platform is above it.
8c. What source(s) did you use to make the floodplain determination? FIRM Map
Michael Benteen
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is rovided.
Page 11 of 11
PCN Form - Version 1.3 December 10, 2008 Version