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HomeMy WebLinkAbout20211153 Ver 1_401 Application_20210609DWR Pre -Filing Meeting Request Form Contact Name* Contact Email Address* Project Owner* Project Name* Project County* Owner Address:* Dionne Snead dionne.snead@yahoo.com C. Todd Snead Floyd Road pond Davidson Street Address 448 Floyd Road Address Line 2 City State / Rovince / Region Lexington North Carolina Fbstal / Zip Code Country 27292 United States Is this a transportation project?* c: Yes r No Type(s) of approval sought from the DWR: l 401 Water Quality Certification - I— 401 Water Quality Certification - Regular Express I— Individual Permit I— Modification I— Shoreline Stabilization Does this project have an existing project ID#?* (' Yes c: No Do you know the name of the staff member you would like to request a meeting with? Please give a brief project description below and include location information.* requesting approval for a small pond to water a variety of livestock at our home. We are using an existing creek branch. we would like a driveway permit as well. 448 Floyd Road in Southmont off of Briggs Road Please attach the documentation you would like to have the meeting about. pdf pond photo.pdf pdf only 1.17MB By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • !also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature * Submittal Date 6/9/2021 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing la. Type(s) of approval sought from the Corps: ❑ Section 10 Permit X Section 404 Permit 1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: lc. Has the NWP or GP number been verified by the Corps? X Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): — Regular ❑ Non-404 Jurisdictional General Permit — Express ❑ Riparian Buffer Authorization X 401 Water Quality Certification ❑ 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: For the record only for Corps Permit: ❑ Yes X No ❑ Yes X 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 X No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes X No 2. Project Information 2a. Name of project: Snead Private Pond 2b. County: Davidson 2c. Nearest municipality / town: Lexington 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 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. Agent/Consultant 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 B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): 6639-02-66-6030 1 b. Site coordinates (in decimal degrees): Latitude: 35.65572 Longitude: -80.2234 lc. Property size: 5.06 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: High Rock Lake (Yadkin River) 2b. Water Quality Classification of nearest receiving water: WS-IV, B 2c. River basin: Yadkin 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: Rural / wooded 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 350 3d. Explain the purpose of the proposed project: 3e. Describe the overall project in detail, including the type of equipment to be used: 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? X Yes ❑ No ❑ Unknown Comments. 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): Andrew Williams, Sue Homewood Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 1/21321 and 3/4/21 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑Yes X No ❑Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary la. Which sections ❑ Wetlands were completed below for your project (check all that apply): ❑ Buffers ❑ Open Waters ❑ Pond Construction X Streams — tributaries 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 - Choose one Choose one Yes/No - W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 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. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P- Fill ut to Yadkin River PER Both 3.5 30 S2 P Flooding ut to Yadkin River PER Both 3.5 218 S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts 248 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 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 (T) 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Livestock watering 218 30 P2 Choose one 5f. Total: 218 30 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes X No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 46 5k. Method of construction: 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 any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. 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? No ❑ Yes X 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 ❑ 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: Choose one Type: Choose one Type: Choose one Quantity: Quantity: 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: Choose one 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 PCN Form — Version 1.4 January 2009 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 X 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 la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ❑ Yes X No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 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 X No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): ❑ Phase II NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑Yes ❑ No 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): Coastal counties ❑HQW ❑ORW ❑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 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? ❑ Yes X No 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 (North Carolina) Environmental Policy Act (NEPA/SEPA)? ❑Yes ❑ No lc. 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.) Comments: ❑ Yes ❑ No 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, or Riparian Buffer Rules (15A NCAC 2B .0200)? X Yes ❑ No 2b. Is this an after -the -fact permit application? X Yes ❑ No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): partial after the fact applicaion 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes X No 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. N/A Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? ❑ Yes ❑ No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ❑ Yes ❑ No 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 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? 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 status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? ❑ Yes ❑ No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? 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? Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 Staff Review For Updated September 4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* c Yes No Submittal Type:* 401 Application Comments: The application cannot be submitted until after the 30 day pre filing meeting request hold is up. Please copy and paste the following link into your web browser for explanation on the how to correct your application and resubmit for review. https://edocs.deq.nc.gov/WaterResources/DocView.aspx? id=1335197&dbid=0&repo=WaterResources Rease type in reason why this project can not be reviewed. Project Submittal Form Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type:* ✓ For the Record Only (Courtesy Copy) ✓ New Project ✓ Modification/New Project with Existing ID ✓ More Information Response ✓ Other Agency Comments ✓ Pre -Application Submittal ✓ Re-Issuance\Renewal Request ✓ Stream or Buffer Appeal Pre -Filing Meeting Information Before submitting this form please ensure you have submitted the Pre -Filing Meeting Request Form as we will not be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used in accordance with 40 C.F.R. Section 121.4(a) "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency" and in accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Click here to read more information on when this form is needed prior to application submission or here to view the form. Attach documentation of Pre -Filing Meeting Request here: DWR Pre -Filing Meeting Request Form (1).pdf 49.64KB Date for Meeting Request 3/4/2021 ID# Project Contact Information Name: Dionne Snead Who is submitting the inforrration? Email Address: dionne.snead@yahoo.com Project Information Project Name: Floyd road pond Is this a public transportation project? r Yes a No Version Is the project located within a NC DCM Area of Environmental Concern (AEC)? r Yes r No r Unknown County (ies) Davidson Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach docunent floyd pond PCN (1).pdfts.pdf 880.64KB Only pdf or krrz files are accepted. Describe the attachments or comments: Sign and Submit 117 By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the online form. Signature: Submittal Date: Is filled in autonatically. DocuSign Envelope ID: 54D3509B-785B-49A1-8719-7D9BEFA5F61 F ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality January 28, 2021 CERTIFIED MAIL # 7018 1130 0000 1608 2415 RETURN RECEIPT REQUESTED Chris Snead & Todd Snead 448 Floyd Rd Lexington NC 27292 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2021-OP-0001 Parcel PIN: 6639-02-66-6030 Property on Floyd Rd, Lexington NC Davidson County Dear Sirs: On January 21, 2021, Sue Homewood of the Division of Water Resources (Division) Winston-Salem Regional Office conducted a site inspection in response to a referral from staff of the Division of Energy, Mineral and Land Resources (DEMLR). The inspection was to investigate disturbances to a stream channel on your above referenced property that appeared to be for the purposes of construction a pond and/or installing road crossings. During the site inspection, Division staff observed that approximately 325 linear feet of stream channel had been impacted by the recent land disturbing activities. A Division file review indicated that impacts to the streams have occurred without the issuance of a 401 Water Quality Certification. Accordingly, the following observations and violations were noted during the Division of Water Resources inspection and subsequent file review: 1. Division file review indicates that impacts to the stream have occurred without the issuance of a 401 Water Quality Certification. Title 15A NCAC 02H .0501 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 CFR Part 323. Title 15A NCAC 02H .0502 states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Resources. The file review confirmed that a Pre -Construction Notification has not been received by the Division of Water Resources for this project and that a 401 Water Quality Certification has not been issued. D_E NOR! H CAHOI INA North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105 336.776.9800 kgWNmBnt of EmIrOnmBntaI quAl� DocuSign Envelope ID: 54D3509B-785B-49A1-8719-7D9BEFA5F61 F Page 2 of 3 2. Approximately 325 feet of an unnamed tributary to the Yadkin River has been impacted by the land disturbing activities. The stream impacts within the unnamed tributary to the Yadkin River constitute a violation of 15A NCAC 02B .0211 (2) which states: "The waters shall be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation, and agriculture. Sources of water pollution which preclude any of these uses on either a short- term or long-term basis shall be considered to be violating a water quality standard." Required Response Accordingly, you are directed to respond to this letter in writing within 30 calendar days of receipt of this Notice. Your response should be sent to this office and include the following information: 1. Restore or Permit the impacts from the land disturbing activities. Your proposal must be sent to this office for review and approval prior to conducting any further activities within the stream channels other than installation and/or maintenance of appropriate sediment and erosion control measures to protect downstream water quality. a. Restore: Submit a stream restoration plan for the unnamed tributary. This plan must detail how you intend to restore the natural grades and hydrology patterns and details of how the areas will be protected in the future. Please indicate in your response a schedule with dates detailing when the restoration will be accomplished. The Division strongly recommends that you secure the assistance of a qualified stream restoration consultant should you choose to pursue this option. b. Permit: Submit an application to the US Army Corps of Engineers for a 404 authorization/approval of the impacts to the stream for the proposed activities. A 401 Water Quality Certification will also be required. To apply for a 401 Water Quality Certification, an application to the Division is required. Note that this application will be reviewed for purpose and need along with avoidance and minimization pursuant to 15A NCAC 02H .0506. The Pre -Construction Notification form can be found at: https://deq.nc.gov/about/divisions/water-resources/water-resources- permits/wastewater-branch/401-wetlands-buffer-permits/401-application-forms-help- documents c. Alternatively, you may submit a proposal that is a combination of both restoration and resolution through permitting options. Thank you for your attention to this matter. DWR requires that the violations, as detailed above, be abated and properly resolved. This Office is considering a recommendation for civil penalty assessment to the Director of the Division of Water Resources regarding the above -mentioned violations on the subject site. Pursuant to G.S. 143-215.6A, the above -mentioned violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. Your above - mentioned response to this correspondence will be considered in any further process that may occur. DocuSign Envelope ID: 54D3509B-785B-49A1-8719-7D9BEFA5F61 F Page 3 of 3 Should you have any questions regarding these matters, please contact Sue Homewood at 336-776- 9693 or Sue.Homewood@ncdenr.gov Sincerely, DocuS ig ned by: l . c,JM0.Cf 145B49E225C94EA... Lon T. Snider Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WSRO cc: Blane Houk, DEMLR (via email) Andrew Williams, USACE Raleigh Regulatory Field Office (via email) Shelton Sullivan —401 & Buffer Permitting Branch WSRO File Copy