HomeMy WebLinkAbout20100526 Ver 1_401 Application_2010071020100526
C?Croni die desk f
MAR
COS (MAT) RODRIGUEZ
Office of Mayor Alex Penelas
(( . 75).-f
C
111 NW 1 ST SUITE 2910
MIAMI-DADE COUNTY, FLORIDA
Printed On RccVdcd Paper 105.0199 3/00
0?0F W A T?19 Office Use Only:
2 0 1 0 0 5 2 6 Corps action ID no.
o 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: 42 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
le. 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 ® 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. ? Yes ® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® 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: Marcos A. Rodriguez p
2b. County: Mitchell
2c. Nearest municipality / town: Bakersville
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state
project no:
't?IDQ?,
3. Owner Information
3a. Name(s) on Recorded Deed: Marcos A. Rodriguezx
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
3d. Street address: 1116 NC 197
3e. City, state, zip: Bakesville, NC 28705
3f. Telephone no.: 828-537-4176
3g. Fax no.:
3h. Email address: matsomia@yahoo.com
Page 1 of 10
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
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 10
nt-ki r........ ?i ..:... 3
B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel ID): 844-43-2654
1 b. Site coordinates (in decimal degrees): Latitude: 36.02407 Longitude: - 82.238749
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 6.17 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: Big Rock Creek
2b. Water Quality Classification of nearest receiving water:
2c. River basin: French Broad River-6010108
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:
Primary home. Property had been let go for about 40 years. it is to be maintained as a home.
3b. List the total estimated acreage of all existing wetlands on the property:
.95
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
600
3d. Explain the purpose of the proposed project:
to clean out exisitng creeks so water can flow again, and to dig out pond that used to be on property that is covered up
about 20x20x4 feet
3e. Describe the overall project in detail, including the type of equipment to be used:
using back hoe to dig out debris and junk from creeks and to create pond. (see attached letter)
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:
? Yes ® No ? Unknown
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
? Preliminary ? Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Agency/Consultant Company:
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. 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 3 of 10
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
W1 ®P ? T excavation ? Yes
® No ® Corps
? DWQ 0.0092
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes
? No ? Corps
? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? PDT ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments: 0.0092
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 M (INT)? other) (feet) feet)
S1 ®P ? T excavation UT1 ® PER
? INT ® Corps
? DWQ 2 20
S2 ® P ? T excvation UT1 ® PER
? INT ® Corps
? DWQ 2 120
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 140
3i. Comments:
Page 4 of 10
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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. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1 aestestics .0092 20 0
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): .009
5j. Size of pond watershed (acres): .0367
5k. Method of construction: excavation
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 impact required?
61 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 5 of 10
D. impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
minimized to 20x20 area and kept to 150 of impact
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
we will be using a back hoe to dig out pond and streams. we will have the back hoe placed on high ground. all removed
debris will be handled only once. placed on a dump truck and taken to a fill away from site.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
2c. If yes, which mitigation option will be used for this
project?
pro ? Mitigation bank
El Payment to in-lieu fee 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
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:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
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 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
I a. 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.
? Yes ? No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 0%
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: no construction is going to be done, no
major changes to the landscape of the property we are taking existing creeks and cleaning them out.
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?
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? 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
? HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
? Yes ? No
attached?
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 8 of 10
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. 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
? Yes
? No
letter.)
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.
not changing the flow of the stream or filling any stream ways in. See above construction methods.
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.
not applicable
Page 9 of 10
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or FORMCHECKBOX ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ? No
impacts?
El 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?
phone conversation with Brian Thomkins 258-3939 x 240
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?
NCWRCS 659-3324 x 222 Christopher Wood
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?
steve claggett at ncdcr 919-807-6551
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:
8c. What source(s) did you use to make the floodplain determination? intemet fema
4 Y
Applicant/Agent's Printed Name nVA ignat? D e
g 'nly if an p horiza tion) the applicant
reis
Lorn
is rovided. ?/
Page 10 of 10
Mr. Tyler Crumbley
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 206
Asheville, NC 28801-5006
Construction Sequence and Time Line:
We are planning to excavate 40' of creek in front of each of the tiles that exist on our property.
We will be excavating 40' of creek by each tile to a total of 120'. In addition to that we will be
excavating a pond that will measure 20x20x4.
We will take just one day to do the pond and the excavation of the creeks. A back hoe and a
dump truck will be used in the process. At no time during this excavation will the equipment be placed
in the wetland area. It will be placed on the property area that is high ground. In addition all matter
being removed will be handled only once. It will be placed directly unto the dump truck and disposed of
at a different location on high ground.
We will not alter the grounds in any way. We are bringing back the land to its original standing.
The creeks are full of muck debris and garbage that has been unattended for the past 40 years. The tiles
are blocked by falling trees and rocks and debris.
If you need any further details regarding the project please feel free to contact me. I have
included an areal photo of the property, and a copy of the survey done, where the creeks and the pond
are to be excavated.
Thank you again for your time and consideration in this matter.
Sincerely,
Marcos A. Rodriguez, owner
1116 NC 197
Bakersville, NC 28705
828-537-4176
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