HomeMy WebLinkAbout20081404 Ver 1_401 Application_20080908ENVIRONMENTAL SERVICES, INC.
524 S. NEW HOPE ROAD
RALEIGH, NORTH CAROLINA 27610
919-212-1760 • FAX 919-212-1707
www.environmentalservicesinc.com
X- 1'w
September 15, 2008
Ms. Amy Chapman
NCDWQ-Wetlands/401 Unit
1650 Mail Service Center
Raleigh, NC 27699
Re: Lakewood Subdivision
Nash County, NC
Dear Amy:
ESI is submitting this application for riparian buffer impacts only to NCDWQ on
behalf of the applicant and project engineer. The project is located adjacent to the Tar
River Reservoir and consists of developing a 9-lot residential development. An existing
small cove is proposed to be expanded through excavation and dredging in order to create
additional waterfront for the new lots.
The impacts to the existing riparian buffer will be offset by the creation of more buffer
than will be lost. The new buffer will be planted with native species at the required
densities, although the planting is proposed to be more clustered in order to maintain
visibility of the water in certain areas.
Please call me if you have any questions or if you need to meet to discuss this project.
Sincerely,
ENVIRONMENTAL SERVICES, INC.
d ff Harbour, PWS
Ecology Division Manager
S E P 1 5 2008
Cc: Bruce Goodenough
DENR - WAIER QUAL"
WETLANDS AND STORWNATER BRANCH
FLORIDA 0 GEORGIA 0 NORTH CAROLINA 0 SOUTH CAROLINA • MARYLAND 0 OHIO
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. 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
? 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: No 404 permit required
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: ?
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: ?
II. Applicant Information
1. Owner/Applicant Information S E P 1 2008
Name: W.O. Baker Jr. and Josiah D. Baker
Mailing Address: 5855 Old Carriage Road _?,?? ?aQU?iTVwcH
Rocky Mount NC 27803 WELI-NI)s AND s
Telephone Number: 252-443-2638 Fax Number:
E-mail Address:
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: Jeff Harbour
Company Affiliation: ESI
Mailing Address: 524 South New Hope Road
Raleigh NC 27610
Telephone Number: 919-212-1760 Fax Number: 919-212-1707
E-mail Address: jharbour@esinc.cc
Updated 11/1/2005
Page 5 of 13
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: Lake Wood Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 3727-89-2781
4. Location
County: Nash Nearest Town: Rocky Mount
Subdivision name (include phase/lot number): Lake Wood
Directions to site (include road numbers/names, landmarks, etc.):
The site is located at the intersection of Bend of the River Road (SR 1745) and
Fieldstream Drive (SR 1846) adjacent to the tar River Reservoir in Nash County, North
Carolina.
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): 35.8850 ON 77.8871 °W
6. Property size (acres): 17.4 acres
7. Name of nearest receiving body of water: Tar River Reservoir
8. River Basin: Tar-Pamlico
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at hLtp://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: The property currently consists of undeveloped fallow field
adjacent to the Tar River Reservoir. A residential subdivision surrounds the subject property.
Updated 11/1/2005
Page 6 of 13
Land use is typically rural
10. Describe the overall project in detail, including the type of equipment to be used:
The project will consist of a 9-lot residential subdivision that will include a boardwalk
system through the newly created riparian buffer to the water. Observation decks and boat
docks will also be constructed to accommodate future property owners. Typical equipment
will be used including graders excavators dozers dump trucks etc
11. Explain the purpose of the proposed work: The purpose of the proposed work is to excavate
a man-made canal off the Tar River Reservoir and add waterfront lots for single family
homes The canal will be located at the back end of an existing cove. The applicant will
create more riparian buffer than will be impacted by the excavation.
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.
USACE issued a No Section 404 Permit required determination on 1 may 2007 {Action ID#
SAW-2007-1553-2641. NCDWQ visited the site to establish the landward limits of the buffer
on 10 September 2007 {TPBRRO#07-197}. A copy of both of these determinations is attached.
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.
There is no additional work anticipated after the completion of this project as described herein.
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)
Updated 11/1/2005
Page 7 of 13
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: The project will not impact
Waters of the US No fill material will be placed in Waters of the US.
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,
se aratel list im acts due to both structure and flood' g.
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
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
Total Wetland Impact (acres) 0
3. List the total acreage (estimated) of all existing wetlands on the property: 0
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 calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
Perennial Intermittent?
? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
Total Stream Impact (by length and acreage) 0
Updated 11/1/2005
Page 8 of 13
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, drainage, bulkheads, etc.
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)
Tar River Reservoir excavation lake 0.40
Total Open Water Impact (acres) 0.40
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres):
Wetland Impact (acres):
Open Water Impact (acres): 0.40
Total Im act to Waters of the U.S. (acres)
Total Stream Impact (linear feet):
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.
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.): excavation
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): aesthetic; not to be used for water quality
Current land use in the vicinity of the pond: fallow field
Size of watershed draining to pond: <l ac Expected pond surface area: 0.47 acre
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.
Updated 11/1/2005
Page 9 of 13
The applicant will not be discharging anv fill material into Section 404 Waters of the United
States The proposed excavation will extend an existing small cove into an existing upland area
in order to provide waterfront access for 9proposed single-family lots. The site plan will
temporarily impact a section of riparian buffer regulated under the Tar-Pamlico River Buffer
Rules However, new riparian buffer will be created as a result of the newly excavated canal.
This new buffer will be planted with native species at the densities required by DWQ.
Boardwalks and platforms may be constructed in the new buffer, but they will be build in
accordance with current buffer guidelines
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.
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 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 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 (see DWQ website for most current
version.).
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.
The applicant is not proposing anv compensatory buffer mitigation at this time. The project
will result in a net increase of approximated 1.02 acre of riparian buffer.
Updated 11/1/2005
Page 10 of 13
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://www.nceep.net/pages/inlieureplace.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):
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres):-
Amount of Non-riparian wetland mitigation requested (acres
Amount of Coastal wetland mitigation requested (acres):-
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No ® (Reservoir owned by Rocky Mount)
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 Tar-Pamlico)? Yes ® No ?
Updated 11/1/2005
Page 11 of 13
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.
Zone* (square feet Multiplier Required
1 22,669 [0.52ac] 3 (2 for Catawba)
2 4,569 [0.10ac] 1.5
Total 27,238 [0.62]
* 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.
Buffer mitigation is not being proposed. The proiect will result in a new buffer
encompassing 1.25 acres 10.75 ac Zone 1 & 0.50 ac Zone 21which amount to a net increase
on 1.02 acres of riparian buffer resulting from the excavation of the canal and creation of
new buffer. The proposed plan for vegetating and maintaining the new buffer is attached.
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.
This is a nine lot single family residential subdivision. Houses are 66'x42' with driveways. Site
will utilize municipal water and private septic systems The total site is 17.44 Acres; impervious
area is 1.68 acres which is 9.6% of the total site. Approximately 90% of the storm runoff is sheet
drainage that will flow under an elevated wooden walk as shown on the plans. There are three
existing swales that are to be converted to pipe systems that will convey storm water from the
adjoining roads and the site itself to the channel. Storm water flow from these piped systems will
be converted back to sheet flow by use of level spreaders before draining through the buffer. The
Developer has indicated there is to be various plantings in the buffers that will help maintain the
storm runoff as sheet flow while not impeding the visual lines of sight from the proposed
residences.
XII. 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.
On-site septic systems will be used for each lot. The Nash County Health Department has
already reviewed project
Updated 11/1/2005
Page 12 of 13
XM. 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 an after-the-fact permit application? Yes ? No
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 Z
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:
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).
project.
at? Cam.
J v /
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11!1/2005
Page 13 of 13
ENVIRONMENTAL SERVICES, INC.
Lakewood Subdivision
Riparian Buffer Restoration Plan
Nash County, North Carolina
September 2008
Proposed Riparian Buffer Restoration Plan
The applicant is proposing to plant at least three native species (trees or shrubs) at a
density sufficient to provide 320 stems per acre at the end of the three-year monitoring
period. The area to be replanted comprises approximately 1.25 acres and will be planted
at an initial density of 440 stems per acre. This will equate to 550 stems planted on 10-
foot centers throughout the 1.25-acre area. Stems to be planted will consist of bare root
seedlings. Stems will be planted in clusters to maintain a certain amount of waterfront
visibility after several seasons of growth.
Species to be planted will be determined based on commercial availability at the time of
planting. The species will be reported to DWQ prior to commencement of work for
approval. Colored pin flags that are a minimum of 24 inches high will be installed beside
each planted bare root seedling to aid in subsequent monitoring. ESI will visit the site
once during planting to ensure proper planting techniques are being employed.
As requested by DWQ, the planting will occur outside of the growing season. The
growing season occurs from March 18 through November 10 based on data in the Soil
Survey of Nash County, North Carolina. Therefore, assuming commercial availability,
the bare root seedling replanting effort will be completed between November 10, 2009
and March 18, 2010.
Monitoring Plan
Mitigation monitoring guidelines require that at least 5% of the total mitigation type must
be sampled. However, based on the very small size of the restoration area, ESI feels that
it is more efficient to count all of the stems that have been planted. All surviving stems
will be counted during each monitoring event to document the surviving density within
the restoration area. Representative photographs will be taken and included with the
monitoring report. No hydrology monitoring is proposed. The success goal of the 1.25-
acre riparian buffer area is to have at least 400 surviving stems at the end of the three-
year monitoring period.
Schedule and Reporting
Upon completion of planting, a brief baseline report will be submitted to DWQ
documenting the final number and composition of installed bare root seedlings. Results
from subsequent monitoring events will be compared back to these baseline numbers to
document percent survival and density. The first annual monitoring event will occur
toward the end of the first growing season prior to the trees dropping their leaves (Fall
2010). The results of the first annual monitoring event will be compiled into a report
suitable for submittal to DWQ. Subsequent annual monitoring reports will be completed
ENVIRONMENTAL SERVICES, INC.
at approximately the same time each year to provide consistency in data collection and
monitoring.
Invasive Species Management
The first annual monitoring plan will address noxious or invasive species by conducting
bi-annual inspections of the riparian buffer area. One inspection will occur early in the
growing season and the second will occur concurrently with the annual monitoring event
toward the end of the growing season. Occurrences of noxious or invasive species will
be reported to the applicant and the invasive species will be removed according to Best
Management Practices.
Lakewood Buffer Restoration 2
Nash County, NC
September 2008
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U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: SAW-2007-1553-264 County: Nash
NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED
Applicant
Nancy Liipfert Associates
Bruce Goodenough
Address PO Box 7218
Rocky Mount NC 27804
Telephone Number 252-937-7000
Authorized
Agent
Address
Telephone Number
Size_ and Location of Property (waterbody, Highway name/number, town etc.) ' :The project site is
located on the south side of-Bend of the ;River Road, west. of its -intersection with F.ieldstream _Dr.,
Southwest of Rocky Mount, Nash County, NC.
Description of Activity: The property owner plans to extend an existing reservoir by excavation only.
No fill material will be placed in any jurisdictional Water of the US.
Your work as proposed does not require Department of the Army authorization for the following reason(s):
There are no jurisdictional waters or wetlands within the boundaries of the property.
X The proposed project does not impact jurisdictional waters or wetlands.
The proposed project is exempt from Department of the Army regulation.
(Specify)
This Department of the Army determination does not relieve the permittee of the responsibility to
obtain any other required Federal, State, or local approvals/permits. The permittee may need to
contact appropriate State and local agencies before beginning work.
Any changes in the above described work must be coordinated with the Corps of Engineers prior to
commencement. If you have any questions regarding the Corps of Engineers regulatory program,
please contact Thomas Brown at telepbs pe number_ (919) 876 - 8441 extension 22
Regulatory Project Manager
Date_ May 1 2007 Expiration Date MU 1 2012
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED
TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CF: