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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: ------------------------------------------------------------------------------- ------------------------------------------------------------------------------ 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