HomeMy WebLinkAbout20130863 Ver 1_401 Application_20130813`o�ot WA Lel- G
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AUG 1 4 2013
20130863
use Only:
action ID no.
project no.
Version 1.4 January 2009
Pre - Construction Notification (PCN) Form
r
A. Applicant Information r
1. Processing
1 a. Type(s) of approval sought from the Corps:
X Section 404 Permit Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
Yes X No
1d. Type(s) of approval sought from the DWQ (check all that apply):
X 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 X No
For the record only for Corps Permit:
Yes X No
It 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.
X Yes No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
X Yes 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:
Captain Bly's – Ship Wreck Cove
2b. County:
Craven
2c. Nearest municipality / town:
New Bern
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:
Charles Blythe
3b. Deed Book and Page No.
Phase II – Book 764, Page 407
3c. Responsible Party (for LLC if
applicable):
Charles Blythe
3d. Street address:
700 Highway 41
3e. City, state, zip:
Trenton, NC 28585
3f. Telephone no.:
252 -448 -9181
3g. Fax no.:
--tch—ariesblythe@earthiink.net
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:
Al Hodge
5b. Business name
(if applicable):
Hodge Environmental Consulting
5c. Street address:
166 Cypress Shores Road
5d. City, state, zip:
Washington NC 29889
5e. Telephone no.:
252 - 945 -0138
5f. Fax no.:
5g. Email address:
ahodge53 @embargmail.com
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
la. Property identification no. (tax PIN or parcel ID):
7- 044 -002
1 b. Site coordinates (in decimal degrees):
I Latitude: N35- 0.984' Longitude: W76- 59.747'
1c. Property size: Ph I & Ph II
1.8 acres & 2.0 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
UT to Brices Creek
2b. Water Quality Classification of nearest receiving water:
C -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: Land use in the area is residential and commercial. Captain Bly's Ph I: is a recreational park, batting
cage, & miniature golf; Ph II: which is applicable to this application is parking.
3b. List the total estimated acreage of all existing wetlands on the property: Ph II - 2.0 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0.0
3d. Explain the purpose of the proposed project: Requesting after the fact permit for the filling of 0.3 acres & proposed fill of 0.2
acres of wetlands.
3e. Describe the overall project in detail, including the type of equipment to be used: Clean sand used as fill material, dump
truck and frontend loader used to match existing grade (± 24 "), then concrete poured for parking lot.
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 X Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known):
USACOE / Ms. Emily C. Greer.:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Site visit make by the Corp and DWR on April 18, 2013. A jurisdictional determination notification has not been sent by the
Corp at this time.
S. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
X Yes No Unknown
5b. If yes, explain in detail according to "help file" instructions. State Storm Water permit issued for this site Ph I (different
name) SW7040207, issued 03 -08 -04
6. Future Project Plans
6a. Is this a phased project?
X Yes No
6b. If yes, explain. Phase I is the existing recreational park, Phase II is the additional parking which is the applicable portion to
this permit application.
Page 3 of 10
PCN Form - Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
X 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.
Wetland impact
number
Permanent (P) or
Temporary
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 (P)
Fill
Pine Flat
Cut Over
Corps
0.5
W2
W3
W4
W5
W6
2g. Total Wetland Impacts:
0.5
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)
39•
Impact
length
(linear
feet)
S1
S2
S3
S4
S5
S6
3h. Total stream and tributary
impacts
3i. Comments: N/A
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
4b.
Name of waterbody
(if applicable
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
02
03
04
4f. Total open water impacts
4g. Comments: No open water on site other than the permitted State SW treatment pond.
5. Pond or Lake Construction
If pond or lake construction proposed, the 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
P2
5f. Total:
5g. Comments: N/A
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. Project is in which protected basin?
Neuse Tar - Pamlico Catawba Randleman Other:
6b.
Buffer Impact
number—
Permanent (P) or
Temporary
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet )
6g.
Zone 2
impact
(square
feet
B1
B2
B3
B4
B5
B6
6h. Total Buffer Impacts:
6i. Comments: N/A
Page 5 of 10
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. There is no upland
within a reasonable distance which will address additional parking needs. Realignment of Ph I will not allow for the needed
additional parking.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The
steepest possible side slopes were used to minimize impact footprint.
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?
X Yes No
2b. If yes, mitigation is required by (check all that apply):
DWQ X Corps
2c. If yes, which mitigation option will be used for this
project?
X Mitigation bank
Payment to in -lieu fee program
Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: Brice Creek
3b. Credits Purchased (attach receipt and letter)
Type:MAj. � l�d�/du V)r2,,T1_4..05
Type:
Type:
Quantity: 0� W�Ti d•.�.5
Quantity:
Quantity:
3c. Comments: Brice Creek has agreed to sell 0.5 acres of non - riparian wetlands. They presently have 600 acres for sell in its
mitigation bank. Credits will be purchased upon the issuance of the necessary permits and prior to an additional construction
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
- fifes• --
4b. Stream mitigation requested: No
linear feet
4c. If using stream mitigation, stream temperature:
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: N/A
Page 7 of 10
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 X 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
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? Ph II
25
2b. Does this project require a Stormwater Management Plan?
X Yes 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: There is
an existing SW permit (SW7040207) for Ph I. A name change & State SW permit modification will be requested prior to any
further site construction on Ph I or Ph II.
2e. Who will be responsible for the review of the Stormwater Management Plan?
NCDLR - -WARO
3. Certified Local Government Stormwater Review
3a. In which local ovemment's'urisdiction is this roject?
Craven County
Phase II
3b. Which of the following locally- implemented stormwater management programs
NSW
USMP
apply (check all that apply):
Water Supply Watershed
Other: No local Gov Plan
3c. Has the approved Stormwater Management Plan with proof of approval been
Yes X No
attached?
4. DWQ Stormwater Program Review
X 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 X No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? PH I
X Yes No
5b. Have all of the 401 Unit submittal requirements been met?
X Yes No
Page 8 of 10
PCN Form —Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal /state /local) funds or the
Yes X 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)?
1c. 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,
X Yes No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
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): Ph I of Captain Bly's
to the best of the owners knowledge required no wetland impact permit, it was assumed the 0.3 acre fill on the adjacent
property required no wetland permit. This wetland fill was inadvertent and this application is submitted in an effort to comply
with the appropriate rules and regulations.
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
Yes X 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. Captain Bly's is connected to the city of New Bern's
wastewater treatment facility which discharges to the Neuse River.
Page 9 of 10
PCN Form — Version 1.4 January 2009
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 X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
X Yes No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh Office
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat? Ms. Kathryn Matthews of the USFWS.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
Yes X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Ms. Kathryn Matthews
of the USFWS
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 X 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 of NC Historic Preservation Office
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
Yes X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? Floodplain mapping information system (NC Gov)
L
V `'
Date
Applicant/Agent's Printed Name
g
Appli Ag n nature (Agent's
signature is valid only N an authorization letter
from the applicant is rovided)
Page 10 of 10
., CCoggin
Asset
Management U.
P.O. Box 476
Amory, MS 38821
August 9, 2013
Mr. Charles Blythe
700 Highway 41
Trenton, NC 28585
RE: Credit Purchase
Brice Creek Mitigation Bank (SAW- 2008 - 02310)
Craven County, North Carolina.
Dear Mr. Blythe:
Per my" discussions with your consultant, Mr. Al Hodge, Coggin Asset Management, LLC acting
on behalf of the Weyerhaeuser NR Company (Bank Sponsor), does hereby agree to sell to you
0.5 acres of non - riparian wetland mitigation from the Brice Creek Wetland Mitigation Bank. It is
our understanding that you will proceed with the purchase of 0.3 acres of non - riparian wetland
mitigation at this time and will purchase the remaining 0.2 acres of non - riparian wetland
mitigation at a later date. As I informed Mr. Hodge, we will be happy to sell to you the 0.2 acres
of non - riparian wetland mitigation at a later date if we have such quantities in our credit
inventory at that time. However, because of the time frame of the purchase ( >1 year) as
communicated to me by Mr. Hodge, we will not be able to reserve the 0.2 acres of non - riparian
wetland mitigation.
We appreciate your business and we look forward to hearing from you soon.
Respectfully,
Daniel S. Coggin
President
Cc: Mr. Al Hodge
SAMPLE AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION: 7�4
LOT NO. PLAN NO. 41ARIEEt ID: ,C.
4o -7
STREET ADDRESS: HOC) J 0S �— � +camwwJLV 7O 755,
N L
Please print: _
Property Owner: C I LY�L3—=: S
Property
The undersigned, registered property owners of the above noted property, do hereby authorize
AL of N�d7C� -- iLiY! aJ4"1V: "I �jgcJLT iy C,?'
(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):
We hereby certify the above information submitted in this application is true and accurate to the
best of our knowledge.
Authorized /ig - ture
Date: b' Co
Authorized Signature
Date:
SIP
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