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HomeMy WebLinkAbout20130863 Ver 1_401 Application_20130813`o�ot WA Lel- G y O < 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 d s �s 0 0 H x N ` 7 466673.60 A\ N22'41'27 "W —'— c \ 70 `\ 1839.60' CHARLES B. N24'48'48" D 8.30422, , PG.2 oA RG.2 `\ ( SWING ZONE) END r PAVEMENT EIP K \ \ ih _ 0 f a CP 2.00 acres EXIST. ^SEPTIC TANK �p _ K _ 62' 416. �\ N82'0910 E N8 30 40 Q "E `\ i CHARLES MARR D.B.764, PG.407 \2 \`. SURVEY FOR C�I14�i? EAJ B. NO. 7 TWNSP. CRAVEN COUNTY, N.C. \� SURVEY BY: MATTHEWS SURVEYING PLLC ` \ MARCH! 26, 2012 SCALE: 1 " =100' too' so' 0' too' SCALE: 1 "= 100' �\ THIS PLAT IS OF A SUBDIVISION OF LAND WITHIN AN AREA OF THE COUNTY THAT HAS AN ORDINANCE THAT REGULATES PARCELS OF LAND.