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HomeMy WebLinkAbout20120967 Ver 1_401 Application_2012101220120967 OF W ATF9 oa qG Office Use Only: r Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre - Construction Notification PCN Form A. AppUcant Information _—Z1. Processing x ' 1a. Type(s) of approval sought from the Corps: ® Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1 d. 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 1e. 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. El 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: Garrett driveway 2b. County: Durham 2c. Nearest municipality / town: Rougemont D 2d. Subdivision name: n/a 2e. NCDOT only, T.I.P. or state project no: O OCT 3. Owner Information pF 3a. Name(s) on Recorded Deed: Garrett, William E Jr Book 001323, Page 000897 �qV ' Ora► 3b. Deed Book and Page No. 3c. Responsible Parry (for LLC if applicable): 3d. Street address: 821 Hopkins Rd 3e. City, state, zip: Bahama NC 27503 3f. Telephone no.: n/a 3g. Fax no.: n/a 3h. Email address: n/a Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: new property owner 4b. Name: David Garrett 4c. Business name (if applicable): 4d. Street address: 625 Hutton St. Suite 104 4e. City, state, zip: Raleigh, NC 27606 4f. Telephone no.: 919 7301409 4g. Fax no.: n/a 4h. Email address: david@tritonnc.com 5. Agent/Consultant Information (if applicable) 5a. Name: Charles S. Johnston 5b. Business name (if applicable): Environmental Services, Inc. 5c. Street address: 524 S. New Hope Road 5d. City, state, zip: Raleigh, NC, 27541 5e. Telephone no.: (919) 212 -1760 5f. Fax no.: (919) 212 -1707 5g. Email address: cjohnston @esinc.cc Page 2 of 11 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 0828 -03 -23 -7925 1 b. Site coordinates (in decimal degrees): Latitude: 36.17920 Longitude: - - 78.92313 (DD.DDDDDD) (- DD.DDDDDD) 1c. Property size: 10.1 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Mountain Creek proposed project: 2b. Water Quality Classification of nearest receiving water: WS-11; HOW, NSW 2c. River basin: Neuse 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: Site is currently a mixture of Pasture and Mixed Deciduous - Coniferous Forest. An unnamed tributary (UT) to Mountain Creek bisects the property, flowing from the southwestern corner to the central north property line. Beaver activity has caused much of the area upstream from the driveway crossing to be inundated as Non -Tidal Freshwater Marsh. Surrounding land use is a mixture of Agriculture and single - family Residential. 3b. List the total estimated acreage of all existing wetlands on the property: 1.8 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,300 LF including that length currently inundated - within beaver impoundment 3d. Explain the purpose of the proposed project: Improvements to existing culverted stream crossing 3e. Describe the overall project in detail, including the type of equipment to be used: The two existing culverts are undersized and frequently occluded by beaver activity resulting in occasional overwash and erosion of the gravel roadbed. These will be replaced by four (4) pipes of larger diameter with concrete headwalls at both sides and a riprap energy dissipation pad on the downstream side. The roadbed will be widened from the existing 12' (approximate) to 18'. Standard heavy equipment and construction methods will be used. Flow in the stream will be temporarily blocked on the upstream side during pipe replacement to facilitate work in the dry and prevent water contact with curing concrete. Silt fencing and all other applicable sedimentation and erosion control measures will be employed in compliance with state and local regulations. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes ❑ No ❑ Unknown project (including all prior phases) in the past? Comments: JDR request via email sent 3/26/2012. 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: Environmental Services Name (if known): Charles Johnston 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 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 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 culvert non -tidal fw marsh ❑ Yes ® No ® Corps El DWQ 0.006 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 0.006 2h. Comments: Wetland impact totals 241 square feet. 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 culvert UT to Mountain ❑ PER ® Corps 2 65 Creek ® INT ❑ DWQ 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 65 3i. Comments: Scored 25.5 on DWQ Stream ID Form. Scored 54 (out of 100) on Stream Quality Assessment Worksheet. 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. 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 T 01 ❑ PEI T 02 ❑P ❑T 03 ❑P ❑T 04 ❑ PEI 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the 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 P2 K 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: 6. Buffer Impacts (for DWO) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ED Neuse ❑ Tar-Pamlico F-1 Other: Project is in which protected basin? ❑ Catawba Randleman ❑ 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? 61 ®P ❑ T driveway crossing UT to Mountain Creek ❑ Yes ® No 1,950 1,300 B2 ❑ P ❑ T ❑ Yes ❑ No B3 ❑P ❑T ❑Yes ❑ No 6h. Total buffer impacts 1,950 1,300 6i. Comments: Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version 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. Headwalls have been used to minimize impact. Drive has been slightly realigned to be more perpendicular to stream. Culverts are sized to the minimum size required to meet FEMA floodplain requirements. Riprap pad is of the minimum size necessary to provide adequate erosion protecton. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Water in the beaver impoundment will be drawn down prior to construction. Flow will then be blocked to allow work 'in the dry' and to prevent water contact with curing concrete. Placement of riprap pad will be done from the crossing itself as much as practical to minimize disturbance of the riparian buffer zone. 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? ❑ Mitigation bank E:1 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 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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: Driveway crossing of this extent is an "Allowable" activity per 15A NCAC 026.0233. 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 1 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? 3.4% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Driveway itself will be gravel. No individual drainage area on the tract will contain 24% or greater impervious area. The whole -tract calculation above assumes cumulative impervious at build -out of 15,000 sq. ft to account for roof tops, paved parking area, and all other reasonably anticipated impervious surfaces or structures. 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 4a. Which of the following state - implemented stormwater management programs apply ❑ 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 El 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. Improvement of this crossing is for a single residence only and will not result in any anticipated increases in development. 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. Any wastewater generated from the single residence planned for this site will be treated using an onsite septic system. The location of the house and septic field have not yet been finalized. Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. 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 El Yes ®No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. El Raleigh ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A search of the NC Natural Heritage Program shows no federally endangered species occurences within a 2 -mile radius. 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? http: / /ocean.floridamarine.org 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? hftp://gis.ncdcr.gov/hpoweb/ 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: A flood study was performed to show that there will be "no rise" to the FEMA floodplain. 8c. What source(s) did you use to make the floodplain determination? The FEMA map and data tables as published in the Flood Insurance Study Report for Durham County, NC; also the HEC Ras base flood study model for the river basin (Mountain Creek Tributary 4) along with the field- surveyed topographic mapping for the crossing. Charles S. Johnston, Environmental October 4, Services Inc. 2012 Applicant/Agent's Printed Name Date Applican Ag nt's Signature (Agent's signature is valid onl if an authorization letter from the applicant is provided.) Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. PLAN NO. PARCEL ID: d ,�" ' • G �' �' c STREET ADDRESS: Ib�t:'( �,�• �0�i_t^li rl, !`',� iy�SCt ��I(' Please print: N Property Owner: : f/. V 0 Property Owner: The undersigned, registered property owners of the above noted property, do hereby alAhorize Of p (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): X70 Z Cwt Od L., "Vxk NC z -,-7.5 4') 3 Telephone: "230 - /yO 9 We hereby certify the above information submitted in this application is true and accural -a to the best of our knowledge. -k -�'* Authorized Signature Date: .3 —Z4 l Authorized Signature Date: — r° \ V 4 \ ! m Z I ! `\ fill, ♦ � t ♦ ` ! 1 \ ` \ / \ \ \ \ P z ij lr - - - -- 1 \ `'`N. \ \ \ 1 e \\ \ `�\ \ `\ ! 1 �� `�` ` \` times` ♦ ♦ \ \\ / ``� t t - -- \` `\ \\ 1_ `\` /� \\ I `_ \` ` ` \ ! �\ \ \ NNN, \ \ \\ I.N 1z \ ti \`w N \ \ \ \ \ IIII /. qq.. a -, rn 10= 200 ye P. 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