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HomeMy WebLinkAbout20071475 Ver 1_401 Application_20070807Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. ~ 7- 1 4 7 5 (lf any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ^ Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ x i 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested:~~ P g0 IQ 7~ ~~~~ l~If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ N~ If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ^ ~~ If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Mana eme~ ea of Environmental Concern (see the top of page 2 for further detail ~~ O II. Applicant Information AU G 3 0 2007 l . Owner/Applicant Information DENR -WATER OtiALITY Name: CSR R l A~ ~ CAST y ~~O w~ ~ wr:Tw+DS M1D sTOw~TER BRnNCH Mailing Address:__734 t7.ayF'LtSw~'rl GT VASC~ N '_ ~~S 39 y Telephone Number: q I O Z~-t 5 6~, S q Fax Number: ~i4~.E E-mail Address: uc~"~1ZT~tti/ ncc QAoi ,Gc~~ ~ Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter ,q, must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: E-mail Address: Fax Number: Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is cleazly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans aze reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps aze provided. 1. Name of project: GARR ~h1 fo~E2S / fZ I p fL~ P 2.5 ~ I O ~ P C ~~~ i~/ T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): ~ Sy 3 ~ S ~ 9~j 2 G19 - 4. Location County: M ©o RE Nearest Town:__ YA55 Subdivision name (include phase/lot number): W 4 ©o I-A K ~ ,~/~D ~ S~c-r I ~. ~ ,~`%~Y yS~J~-~ Directions to site (include road numbers, landmarks, etc.): :~ 5 ~. -to t.OB£L la R f) /E~ N 6R~T'1-# Dly M C / Au('~-It_ t 1 t2 F= S~- WOC~p ,o ~~E' R ~ -i h S~t~TH ON R i U F RI (JW PR 1 !~'T /'-A~ ~ ~~r~ rf~lOd1 v ~-.- » r....~- .._ ~.w , ._.. _. _.r .~ r^r~ ~ - 5. Site coordinates, if available (UTM or Lat/Long): _3 5A13'S3, 2hy(V ~q `.9.1''i 1.384 y~/ (Note - If project is lineaz, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): ~ n ~ 3 7. Neazest body of water (stream/river/sound/ocean/lake): w~bDc.bkF CGRAu~s ~2c~ti 8. River Basin:. _ ~1PE ~"64R- (Note -this must be one of North Cazolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application:_~,13~D ~ t/ tiS s'6kJ ~ . ~ ~~ ~~..~ >~•4n~,, ~ ~.y ti E Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: I-IAt~®PCAGC- Rlt~tzAfJ ~-' lU3~ x2'IZ.' A~~»~ SI~~Q• FLlA ~ 11. Explain the purpose of the proposed work:. ~ c~ ~[<~'vF~.n- ~ rLc~ s ~ bX ~tE I ~ H F3 c~i2~ Td 13~K S~ nr~~ci.~' ~%4iki ~~'~ ~~y.~c• L,g~ IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 1. Provide a written description of the proposed impacts: P REyFw ~' E ~ s i zYV f~" ~ 1 L I c~.~T~ wq j E 2 . i21 P RA (~ CiFGc ~ ~ .oZ' ~ z ~ ~i ' ~'MA ~/ _B~CC~,E ~ C-l 6 NTH Y 5U d3l~ 12GE (~ iF-Th~ ~~'`_fZ.. E%t C.rFi> S THE AX~-2~,A t.- POc~L O~ 2 Z 4 ~ ~ s ~ 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on ma) ype of Impact* Area of Impact (acres) Located within 100-year Floodplain** es/no) Distance to Neazest Stream (lineaz feet) Type of Wetland*** * List each impact separately and identify temporary impacts. Impacts include, but aze not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100.Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http:/iwww.fcma.~. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 1~T'T. " 9.20~(S F Total area of wetland impact proposed: 1-~c~.SC ~F DR 1 uC'.~r~`/ ~5 ACS o1t7 5 ~ 3. Individually list all intermittent and perennial stream unpacts below: Stream Impact Site Number (indicate on ma Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Im act Perennial or Intermittent? leases eci ) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.ust~s.y;ov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.tonozone.a>m, ~~~ww.nr+pguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: f ~ f ~Q Page8of12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, ba ,ocean, etc.) tP .OQ` ~,~ tpK~ * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction f a pond is proposed, associated wetland and stream impacts should be included abov in the wetland and stream impact sections. Also, the proposed pond should be describe ere and illustrated on any maps included with this application. Pond to be reated in (check all that apply): ^ uplands ^ stream ^ wetlands Des~be a method of construction (e.g., dam/embankment, excavation, installation of draw-d valve or spillway, etc.): Prop sed use or purpose of pond (e.g., livestock watering, imgation, aesthetic, trout pond, loc stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. _~Z_~'f? tz~~2E ~ "t o i~ 2 f vFwT S ~ ~ ~2F e2v :'~ - t~ ty . R 1-~ Rio P }~_~I,v i~ 1-i~VF [..~ce.~,~ sc~ i~ ~°l~} i~ r 1 fZ2lE2 1ZF1`w~E ~, t~E so ~l d- 2i p 1'204 P TO Fv~ ~-t~lZ PRE y~~rr F- 2 hs, z>,+v VIII. Mitigation D]I~ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Div' i~f Water Quality for projects involving greater than or equal to one acre of impacts to fr shwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment aze minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but aze not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Cazolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/lineaz feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a sepazate sheet if more space is needed. -# _ 2. Mitigation may also be made by payment into the North Cazolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regazding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (lineaz feet): Amount of buffer mitigation requested (squaze feet): unt Riparian wetland mitigation requested (acres): ofNon-riparian wetland mitigation requested (acres): unt~f Coastal wetland mitigation requested (acres): Page 10 of 12 IX. X. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federaUstate) funds or the use of public (federaUstate) land? Yes ^ No If yes, does the project require prepazation of an environmental document pursuant to the requirements of the National or North Cazolina Environmental Policy Act (NEPA/SEPA)? Note: If you aze not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No If has the dacuxrnerrt review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) upon ' ility to determine, delineate and map all impacts to ~o 'ated with the project. The applicant must also provide on VII above. All proposed impacts must be listed herein, the accompanying site plan. All buffers must be shown on a proposed to the buffers. Correspondence from the DWQ as appropriate. Photographs may also be included at the Will the projec 'm act rotected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A C .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer equire ents), or other (please identify )? Yes ^ No If you answered "yes", provide the following information: Identify the squ e feet d acr age of impact to each zone of the riparian buffers. If buffer mitigation is quired calculate the required amount of mitigation by applying the buffer multipliers. It is the applicant's (or agent's) required state and local buffers justification for these impacts in and must be cleazly identifiable map, whether or not impacts a Regional Office may be incl applicant's discretion. Zone's snare feet Multiplier Mitq a i n 1 3 2 1.5 Total c.uiic ~ cx~cnus uui w feet perpenoicuiar rrom near banK of channel; Gone Z extends an additiona120 feet from the edge of Zone 1. Page 11 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or Payme tin th Riparian Buffer Restoration Fund). Please attach all appropriate information as identi a ~ithi~l SA NCAC 2B .0242 or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss Stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. 1/~ ~'IGRb ~-O"r No~~_~F ~- DfZ-~~ way occc,d~~ v 5 a1U Sr- ~~ ,Z3,aG2F L.a-r' n~.c, r ~v ice' lZ o~ ~v ~- i ~ -~ . ~l ~c, ~.~ c~~ - 5 ~ n So r ~ d- STa ~~ tai (,~ F-v2 5ut3i~1~-S(o~ XII. Sewage Disposal (required by DWQ) Cleazly detail the ultimate treatment methods and disposition (non-dischazge or dischazge) of wastewater generated from the proposed project, or available capacity of the subject facility. ALL w~ys-~-E~vATE~!' ~~~ ~~vzc..~ ~~~ 13Y SE=wC2 C/~G?uA,~ /VO SE~F~"I~ NC.C~ F i~ XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this anafter-the-fact permit application? Yes ^ No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). A/Lti/~ ~s ~rL 1'NowF r'o~rr/Frs.~rri~ .~ ~ ~" ~~ ~~f~ -, Zg~ v6 .~ ~ Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 t- 3 W � U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW-2007-02401-063 County: Moore USGS Quad: Lobelia GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owners: Garrin and Casey Powers Address: 738 Dayflower Court Vass, NC 28394 Telephone No.: (910) 245-6589 Size and location of property (water body, road name/number, town, etc.): Property is located at 738 Dayflower Ct , in the Woodlake Country Club community, adjacent to Section 404 jurisdictional waters of Woodlake (Lake Surf), in the town of Vass, Moore County, North Carolina. Description of projects area and activity: This permit provides authorization to place along 103 LF of shoreline 0.006 acres of rip-rap below the ordinary high water marls for the purpose of preventing erosion and runoff of sediment into Woodlake. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ^ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: 197800080 Nationwide Permit Number: Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and plans received 7/17/07. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permiC authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject t~ reg~~lation under the Coastal Area Management Act (CA_MA), prior to beginning work you must contact the N.C. Division of Coastal Management . This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Emily Burton, Regulatory Specialist at 910-251-4635. Corps Regulatory Official Date: 7/27/07 Expiration Date of Verification: 12/31 Ol Ken Averitte NCDENR-DWQ Fayetteville Regional Office 225 Green St. Suite 714/Systel Bldg., Fayetteville, NC 28301 Debra E Ensminger Planner County of Moore, P.O Box 905, Carthage, NC 28327 Page 1 of 3 Action ID Number: SAW-2007-02401-063 County: Moore Permittee: Mr. and Mrs. Garrin Powers Date Permit Issued: ,Tuly 27, 2007 Project Manager: Emily Burton Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT WILMINGTON REGULATORY FIELD OFFICE P.O. BOX 1890 WILMINGTON, NC 28402-1890 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. A_ Y Signature of P mittee P ~j ~ ~~~~ .~D~ a ~~. !1f^'~ ~U/ ~4aG .~~ Date Page 2 of 3 ' CESAW-RG-W MEMORANDUM FOR RECORD DATE: ,iu127, 2007 SUBJECT: Consideration of Compensatory Mitigation and Potential Impacts to Endangered Species, Cultural Resources and Essential Fish Habitat. 1. Action ID. SAW-2007-02401-063 2. Project Name and Location: Powers/738 Dayflower Ct , in the Woodlake Country Club community, adjacent to Section 404 jurisdictional waters of Woodlake (Lake Surfl, in the town of Vass, Moore County, North Carolina. 3. Mitigation [Section 404(b)(1) Guidelines]. a. Has applicant avoided and minimized impacts to the maximum practicable extent? YES If NO, Explain: b. Is compensatory mitigation necessary? NO Explain: 4. Endangered Species (Section 7 of the ESA). a. Will any threatened or endangered species or their critical habitats be affected by this project? NO If YES, describe steps taken to address concerns: 5. Cultural Resources (Section 106 of the NHPA). a. Will any Cultural Resources be impacted by this project? NO b. If YES, describe steps taken to address concerns: 6. Essential Fish Habitat (50 CFR Part 600, Magnuson-Stevens Act). a. Is this a project that "may adversely affect essential fish habitat"? NO b. If YES, describe steps taken to ress concerns: Corps Regulatory Official: Page 3 of 3 Y*�, 'k Wizn:)i�G4 f tint ) [f h tt - 0 3 CG O m i4x ,~ .4 ... ~ ~~ ~ y y~ 1. y~~ °' k ~ "a ~g $ ~ixf _~i - •'~ Ei ~ . # ~. f .: `t ~ ~ ' ~ ~ .. '~ ~ i ~~ ~ ~ < b ~~ ~ ~ aw i ,~ ~. s+ ` h t~ r t '` ~~ p• ~; ~ d .. 9 n- ~` ~ '.~' ~ i `tea,., + A„° ~~, ~ u JK \h. \ ~~ C, ~ \ r:; ~`ti `~ ~ , ~ x` u- '.7 1... _. - ~ ~,.~ \\\ ~ .. _ i h .. 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