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HomeMy WebLinkAbout20081070 Ver 1_401 Application_200807081 June 26, 2008 eoSc0enC5 o 9 P. Ao V "Practical Engineering & Environmental Solutions" 2050 Northpoint Drive • Suite A • Winston-Salem, NC 27106 Phone: (336) 896-1300 • Fax: (336) 896-1020 e-mail: geosci@geotec.com Mr. John Thomas Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27586 Telephone (919) 554-4884 (Ext. 25) Mr. John Dorney ' Division of Water Quality NCDENR 4401 Reedy Creek Road ' Raleigh, North Carolina 27607 Telephone (919) 733-1786 RE: Preconstruction Notification Application Nationwide Permit #29, Piping a Stream, Residential Development Stream: UT to Flat Shoal Creek Pilot Mountain, Surry County, NC Our Project #08.330 Dear Mr. Thomas and Mr. Dorney: 08-1070 PAYMMT PECEIk' Qr?c?c?ud?? JUL 8 2008 DENR - WATER QUALITY WETLANDS AND STORMWATER BRANCH On behalf of Bill Inman, Geoscience & Technology, P.A. (GeoSci) is pleased to submit the enclosed Preconstruction Notification Form (PCN) for piping a 70 linear foot (LF) section (total impact 112 LF) of a rural stream on the north side of Simmons Grove Church Road near Pilot Mountain, NC. The following text contains additional information concerning the proposed project. Where the information pertains to specific items in the PCN, the PCN section numbers are used. Background & Hydrologic Conditions ' The proposed Ingleside development is designated as Surry County Tax Parcel 5957-01-19-9619. It is located on the north side of Simmons Grove Church Road (SR1826) approximately 700 feet east of US Highway 52. This location is approximately 4.5 miles northwest of the town of Pilot Mountain, NC. The proposed impact, a residential development roadway stream crossing with ' conduit, is to an unnamed tributary (UT) to Flat Shoal Creek in the northeast corner of the subject property. Mr. Inman has retained GeoSci for engineering and environmental consulting services related to preparation of this application. A letter appointing us as Authorized Agents is attached. ' The UT is marked on the US Geodetic Survey Quadrant maps with a broken blue line. The UT originates on adjacent property to the north and runs south across the subject property and crosses ' Simmons Grove Church Road. The UT joins Flat Shoal Creek approximately 2,650 feet south of the proposed impact. Flat Shoal Creek is a first order tributary of the Ararat River, located approximately 2.9 miles to the southwest. The approximately 117-acre catchment area upstream of the proposed impact is predominantly ' permeable; however, impervious area will be created by proposed residential development. The impervious area will probably be less than 15%. Base flow in the UT is only a few inches deep, averaging 3-inches with a maximum of 6-inches. Average bank-to-bank width of the UT within the impacted section is 3-feet with a maximum of 4- feet. Floodplain development is minimal and no jurisdictional wetlands were identified within the proposed impact area or within the stream valley on the subject site. Development plans propose to pipe 70 LF of the stream with 48-inch diameter CMP discharging t a 32-foot long riprap outlet stabilization apron immediately downstream from the CMP. A temporary construction crossing has been installed that consists entirely of gravel and has not interrupted stream flow. This temporary crossing is entirely within the proposed CMP impact zone therefore, this temporary impact is not in addition to the proposed impact. It appears that Nationwide Permit #29 for piping a stream may apply to this project. Based on 0 GeoSci's evaluation, it appears that the project is within the scope of and meets the criteria for this permit. We request the corresponding General Certification from NC DWQ. We understand that the NC DWQ Authorization Number that applies is 3705. Project Description (PCN §111. 10 ' Sheet S1 is an adaptation of the approved Erosion and Sediment Control Plan for this development provided by Lewis Cox, PLS, which indicates proposed construction details. A portion of the Mount Airy South USGS 7.5' topographic quadrangle that includes the subject site is included on ' the large format drawing submitted to the NC Division of Water Quality. The USGS adaptation is included as a separate figure in the Army Corps of Engineers submission. The proposed project consists of: ' 1) Constructing temporary sediment traps on both sides of he proposed inlet to the pipe. 2) Constructing temporary sediment traps on both sides of he proposed outlet to the pipe. 3) Placing pipe bed. ' 4) Placing 70 LF of 48-inch CMP. 5) Installing a 32-foot long trapezoidal rip-rap outlet apron 6) Backfilling around and over pipe, with final grading to planned grades for the roadway. ' 7) Removing temporary measures, e.g. temporary sediment traps and roads. 1 Schedule Construction of the roadway has begun and, as indicated above, a temporary construction stream ' crossing has been installed. Installation of the conduit and permanent roadway will begin upon receipt of approvals from the Army Corps of Engineers and the NC Division of Water Quality. ' Stream Impacts f4VI.3) Under the proposed construction, approximately 112 linear ft of the stream will be permanently impacted. The 112 ft. of impact consists of nominally 70 LF of pipe, 32 LF of outlet apron and 10 LF for the finished roadway footprint. These lengths are measured along the mapped centerline of the stream. ' Impact Justification Avoidance and Minimization) VII: ? ' Access to the northeast corner of the subject site is not available from Simmons Grove Church Road. Therefore, a roadway from the western portion of the development was the only economically feasible option to develop the lots in that area. The roadway and stream piping were designed for the minimum footprint that would allow a structurally sound roadbed based on the topography and site conditions. The total stream impact falls below the permitting and mitigation threshold of 150 LF. Submittal 1 The original and one (1) copy of this application are enclosed for the Corps of Engineers. Seven (7) copies are enclosed for the Division of Water Quality. A check made payable to the NC Division of Water Quality for the application fee of $240.00 is attached to the cover page of one copy of the 1 application sent to the NC DWQ. Please let us know if you have any questions or require further information with regards to this application. t With best regards, GEOS CE AND TECHN0LQCjY., P.A. ?/Z _ cj Carl von serlbur . Senior Civil Engineer enclosures: PCN forms" sy?r-)w q Original and one (f)"copy to John Thomas, COE ' Seven (7) copies to John Domey, DWQ Authorized Agent letter ' attachments: Check for $240.00 application fee attached to one copy sent to NC DWQ cc: watt Sue Homewood, Winston-Salem Regional Office, NC DWQ 1 1 1 ACE Figures t 1 t 1 PCN Application Forms Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. ku any parncuiar item is not appiicat ie to this project, please enter "Not Applicable" or "N/A".) I. H. Processing 1. Check all of the approval(s) requested for this project: 0 Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ x? 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 29 (GC3705) 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. 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 Management Area of Environmental Concern (see the top of page 2 for further details), check here: li@?a?IC D Applicant Information 1. Owner/Applicant Information J U L 8 2008 Name: Bill Inman rjFNR WATER QUAUTY Mailing Address: 253 Hunting Hill Drive, Mount Airy, NC 27030 WETLANDS AND R8RANCH Telephone Number: 336 7862320 Fax Number: 336.7865391 E-mail Address: binman@realtor.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Carl von Isenburg, P.E. Company Affiliation: Geoscience & Technology, P.A. Mailing Address:_ 2050 Northpoint Dr. Winston-Salem, NC 27106 Telephone Number: 3368961300 Fax Number: 336896.1020 E-mail Address: cvi@geotec.com 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 clearly 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 are ' 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 are provided. 1. Name of project: Ingleside 2. T.I.P. Project Number or State Project Number (NCDOT Only): ' 3. Property Identification Number (Tax PIN): Surry County Parcel 5957-01-19-9619 ' 4. Location County: Surry Nearest Town: Pilot Mountain Subdivision name (include phase/lot number): Ingleside Eddington Road Stream Crossing Directions to site (include road numbers/names, landmarks, etc.): Cook School Road it US 52N C k S ' ex from ; oo chool Road (SR181 S) to left on Simmons Road (SR 1827); then left on Simmons Grove Church Road (SR 1826); then approximately 2200 feet to Ingleside entrance (right), then right on Eddington Road to stream crossing. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 364297 °N 80.5244 ow 6. Property size (acres): 45.14 ' 7. Name of nearest receiving body of water: Unnamed tributary to Flat Shoal Creek 8. River Basin: Yadkin ' (Note - this must be one of North Carolina'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 annlication: The property is mostly wooded and is being graded and prepared for residential development and is surrounded by rural residential, agricultural and undeveloped properties. A temporary stream crossing has been installed 1 (gravel) to allow grading equipment to cross. The temporary crossing is within the proposed conduit./botprint. Page 6 of 12 1 1 10. Describe the overall proiect in detail, including the type of equipment to be used: Applicant will install 70 LF of 48-inch CMP culvert in the existing stream discharging to a 32 foot long outlet stabilization structure (rip-rap apron). See Sheet S1 for locaitons and details. Typical excavation equipment, such as trackhoes, backhoes, and bulldozers will be used. 11. Explain the purpose of the proposed work: The purpose of the project is to fill the stream valley to provide roadway access to lots in the northeast corner of the subdivision. 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, 1 list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. To our knowledge, no jurisdictional determinations and/or permits have been requested and/or obtained for this project. 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. No future permit requests are anticipated for this project. 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. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an ' accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should 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. ' 1. Provide a written description of the proposed impacts: A temporary construction crossing consisting of gravel is installed in the stream within the proposed location of the conduit noted on SL This application is for a permanent 70 LF 48-inch conduit, a 32 foot long outlet apron and ' accompanying fill for a roadway stream crossing. Temporary sediment traps will be installed during construction on both sides of the crossing (See SI ); however, no stream impact is proposed for these traps and they will be removed following construction. Page 7 of 12 2. Individually list wetland impacts. Types of impacts include, but are not limited to ' mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both ctnicture and flnndinu t 1 t 1 1 1 1 Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain wino Distance to Nearest Stream linear feet Area of Impact (acres) No Wetland impacts Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property;, NA 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, 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- To calrnlate acreage mnltiniv leneth X width then divide by d2 SAO Stream Impact Number indicate on ma Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length linear feet Area of Impact acres 001 to Flat Shoal Cree Culvert and apron Perennial 3 feet 112 0.0077 Total Stream Impact (by length and acreage) 112 0.0077 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill. excavation- dredging- flooding riminnge hnikhendc etn Open Water Impact Site Number indicate on ma Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc, Area of Impact acres No open water impacts Total Open Water Impact (acres) 0.0 Page 8 of 12 1 6. List the cumulative impact to all Waters of the U_S_ resulting from the nrniect- Stream Impact (acres): 0.0077 Wetland Impact (acres): 0.0 Open Water Impact (acres): 0.0 Total Impact to Waters of the U.S. (acres) 0.077 Total Stream Impact (linear feet): 112 ' 7. Isolated Waters Do any isolated waters exist on the property? ? Yes © No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. 1 Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): NA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): NA Current land use in the vicinity of the pond: NA Size of watershed draining to pond: NA Expected pond surface area: NA 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. ' Access to the lots at the northeast corner of the property was not possible from Simmons Grove Church Road without a road from the western side of the site. This is based on the fact that properties along Simmons Grove Church Road that could provide access are not owned by the developer. Development of the residential lots at the northeast end of ' the project is not economically feasible unless the stream valley is filled and piped in order to provide access to the lots. VIII. Mitigation ' DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater 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 January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are 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 are 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 i m tigation 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 NCEEP 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 Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strfngide.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/linear 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 separate sheet if more space is needed. Based on the apparent impact of less than 150 LF of stream impacts and no wetland impact, mitigation is not proposed. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at ' (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): None Amount of buffer mitigation requested (square feet): None Amount of Riparian wetland mitigation requested (acres): None ' Amount of Non-riparian wetland mitigation requested (acres): None Amount of Coastal wetland mitigation requested (acres): None Page 10 of 12 1 1 1 1 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 0 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are 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 ? 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify V Yes ? No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. 1 1 1 1 Zone* Impact Multiplier Required (square feet Mitigation 1 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. None proposed Page 11 of 12 1 t 1 XI. Stormwater (required by DWQ) Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Total site acreage is 45.14. Existing impervious area is zero. Proposed impervious area is approximately 655 acres or 14.5%. proposed impervious acres includes paved roadways, estmated driveways for 52 lots, and estimated housing footprints for 52 lots. XU. Sewage Disposal (required by DWQ) 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. Wastewater disposal will be individual onsite wastewater systems as permitted by Surry County Department of Environmental Health. It is assumed that they will be non-discharge systems; however, system types will be determined for each lot based on site evaluations as described in the North Carolina Administrative Code Title 15A, Ch. 18. SC 18A. Section .1900. XUL Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No x? Is this an after-the-fact permit application? Yes x? No ? The temporary stream crossing has been installed. XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional ' development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The proposed project will encompass the entire tract; therefore, there is no room for additional development. I XV. 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). App cant/ en s Signature Date (Agent's signature is va id only if an authorization letter from the applicant is provided.) ' Page 12 of 12 1 1 1 1 1 Authorized Agent Letter 06/06/2008 10:20 3367894143 SOUTHDATA PAGE 02 ' June 5, 2008 Geoscience & Technology, P.A. ' 2050 Northpoint Dr. Winston-Salem, NC 27106 Re: Ingleside, LLC To Whom It May Concern: This letter is to authorize Geoscience & Technology, P.A. to act as agent for Ingleside, LLC development to file an application for a 401/440 water quality certification. Regards , Bill E. Inman ' Managing Director Ingleside, LLC 336.401.3350 binmanerealtor.com 1