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HomeMy WebLinkAbout20171343 Ver 1_Riparian Buffer Authorization_20171020n DWRState of North Carolina 0 1 7 1 3 4 3 Department of Environmental Quality Division of Water Resources Division of Water Resources 15A NCAC 02B.0233 (8)(b),.0243 (8)(b),.0250 (11)(b),.0259 (8)(b),.0267 (11)(c),.0607 (e)(2) - Buffer Authorization FORM: BA 10-2013 Riparian Buffer Authorization Form A. Applicant Information 1. Project Information 1a. Name of project: Gates House Stream Bank Stabilization 1 b. County: Wake 1 c. Nearest municipality: Town of Cary 1 d. Subdivision name: Walnut Ridge 1e. Is the project located in any of North Carolina's twenty coastal counties? If yes, answer 1f below. ❑ Yes ® No 1f. Is the project located within a NC Division of Coastal Management Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Owner Information 2a. Name on Recorded Deed: Jonathan R Gates and Heather L H Gates 2b. Deed Book and Page No. 013307 Page 01674-01676 or 014988-02333 2c. Map Book and Page No. (include a copy of the recorded map that indicates when the lot was created): 1974 page 48 2d. Responsible Party (for Corporations): Homeowners 2e. Street address: 1109 Ashford Lane 2f. City, state, zip: Cary, NC 27511 2g. Telephone no.: 919-841-5629 2h. Fax no.: Heather Cell: 919-523-4608 2i. Email address: gatesfamily2002@gmail.com 3. Applicant Information (if different from owner) 3a. Applicant is: ❑ Agent ❑ Other, specify: 3b. Name: 3c. Business name (if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: 4. Agent/Consultant Information (if applicable) 4a. Name: 4b. Business name if applicable): 4c. Street address: 4d. City, state, zip: 4e. Telephone no.: 4f. Fax no.: 4g. Email address: FORM: BA 10-2013 Page 1 of 4 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 0773450014 1 b. Site coordinates (in decimal degrees): Latitude: 36.769385 Longitude: -78.750471 1c. Property size: 0.32 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Walnut 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: Wooded with lots of vines. Suburban residential area 3b. Attach an 8 '/ x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site 3c. Attach an 8 '/ x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the project site 3d. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 82' 3e. Explain the purpose of the proposed project: bank stabilization and removal of nuisance vegetation 3f. Describe the overall project in detail, including the type of equipment to be used: 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 priorphases) in thepast? ® Yes ❑ No ❑ Unknown Comments: 4b. If yes, who delineated the jurisdictional areas? Name (if known): Jason Robinson of DWR Agency/ Consultant Company: Other: 4c. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project(including all priorphases) in thepast? 0 Yes ❑ No ❑ Unknown 5b. If yes, explain and detail according to "help file" instructions. Was told by USACE that project falls under Nationwide Permit 13 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. FORM: BA 10-2013 Page 2 of 4 C. Proposed Impacts Inventory 1. Buffer Impacts 1 a. Project is in which protected basin? ® Neuse ❑ Tar -Pamlico ❑ Catawba 2. Buffer Mitigation ❑ Randleman ❑ Jordan ❑ Goose Creek 1 b. Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. Buffer impact Reason for Type of impact Stream name Buffer Zone 1 Zone 2 number — impact (exempt, allowable, 2e. If no, then discuss what type of mitigation is proposed. mitigation impact impact Permanent (P) allowable w/ required? (sq ft) (sq ft) or Temporary mitigation) T B1 ®P ❑ T Removal of Exempt Unnamed ❑ Yes ® No 240 0 debris B2 ® P ❑ T Stream bank Allowable Unnamed ❑ Yes ® No 240 0 stabilizaiton B3 ® P ❑ T Stream Exempt Unnamed ❑ Yes ® No 240 0 restoration 64 OP T ❑ Yes []No B5 P ❑ T 0 Yes No B6 ❑ P ❑ T ❑ Yes ❑ No Total buffer impacts 240 0 1 c. Comments: All 3 impacts will happen along the same area of the stream D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Existing healthy trees and plants will remain. Other plants will be replaced with non-invasive native species. As we landscape the remaining yard, we will install a rain garden 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Healthy trees and plants will be marked 2. Buffer Mitigation 2a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes No 2b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation and calculate the amount of mitigation required in the table below. Zone Reason for impact Total impact Multiplier Required mitigation (square feet square feet Zone 1 3 (2 for Catawba) Zone 2 1.5 Total buffer mitigation required: 2c. If buffer mitigation is required, is payment to a mitigation bank or NC DMS El Yes No proposed? 2d. If yes, attach the acceptance letter from the mitigation bank or NC DMS. 2e. If no, then discuss what type of mitigation is proposed. 2f. Comments: FORM: BA 10-2013 Page 3 of 4 E. Diffuse Flow Plan All buffer impacts and high ground impacts require diffuse flow or other form of ❑ Diffuse flow stormwater treatment. Include a plan that fully documents how diffuse flow will be ❑ Other BMP maintained. If a Level Spreader is proposed, attach a Level Spreader Supplement Form. 1 b. If you answered "yes" to the above, does the project require preparation of an If due to site constraints, a BMP other than a level spreader is proposed, please provide a environmental document pursuant to the requirements of the National or State (North plan for stormwater treatment as outlined in Chapter 8 of the NC _Stormwater BMP Carolina) Environmental Policy Act NEPA/SEPA ? Manual and attach a BMP Supplement Form. 1c. If you answered "yes" to the above, has the document been finalized by the State F. Supplementary Information 1. Environmental Documentation 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public federal/state land? 1 b. If you answered "yes" to the above, does the project require preparation of an ❑ Yes ❑ No environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act NEPA/SEPA ? 1c. If you answered "yes" to the above, has the document been finalized by the State ❑ Yes ❑ No Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: 2. Violations 2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated ❑ Yes ® No Wetland Rules (15A NCAC 02H .1300), DWR Surface Water or Wetland Standards, or Riparian Buffer Rules 15A NCAC 02B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): � ect 11� 10- e U W 61 C41 -k-5 //-Zt Z-�/ 4— 17-0740 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Send 3 complete sets of this form and accompanying documents to the following: For government transportation projects sent by First Class Mail via the US Postal Service: NC DWR, Transportation Permitting Unit 1617 Mail Service Center Raleigh, NC 27699 - 1617 For all other projects sent by First Class Mail via the US Postal Service For government transportation projects sent by delivery service (UPS, FedEx, etc.): OR NC DWR, Transportation Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 For all other projects sent by delivery service (UPS, FedEx, etc.): Karen Higgins Karen Higgins NCDWR — 401 & Buffer Permitting Branch OR NCDWR — 401 & Buffer Permitting Branch 1617 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699 - 1617 Raleigh, NC 27604 FORM: BA 10-2013 Page 4 of 4 'BOOK 1974 VOL.1 PAGE -16 /./2 1C3j>o K 1914 ?Ric 48 /*.r;t ---------------------------------- 1l401U974VOLI PAGE 43 \i Baok IIJIH Pt.2r- Yt Iof.7 ELM U.S. DEPARTMENT OF THE INTERIOR �ty�[.yTy� CARY QUADRANGLE U.S. GEaoTrcu. suavEr c-, W ;0 .ax aR. wu ` e ♦ J r � 1- a moi.. __... .wu vm.a .guru urTuwM = �.n Y .�4._..t.a ..r .u..r �.... .w .w.w�.rwr..r......�... .—sawn �I CARY, HC 1016 g 19 Ashford Ln 35° 4610"N 35° 445'9'N 703310 703318 703326 703334 703342 706350 7M358 3 < Map Scale: 1:377i printed on A landscape (11" x 8.5') sheet. Meters N N 0 5 10 20 30 A0 15 30 80 90 Map projection: Web Mercator Comer coordinates: WGS84 Edge tics: LTM Zone 17N WGS84 usDA Natural Resources Web Soil Survey aM Conservation Service National Cooperative Soil Survey 5° 46 WN 703366 703374 703382 703390 3 a 10/17/2017 Page 1 of 3 MAP LEGEND Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons . , Soil Map Unit Lines 0 Soil Map Unit Points Special Point Features V Blowout 0 Borrow Pit X Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill t, Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole 3 Slide or Slip Sodic Spot Soil Map—Wake County, North Carolina (1109 Ashford Ln, Cary, NC) MAP INFORMATION USDA Natural Resources Web Soil Survey 10/17/2017 • Conservation Service National Cooperative Soil Survey Page 2 of 3 Spoil Area The soil surveys that comprise your AOI were mapped at 1:15,800. d Stony Spot Very Stony Spot Warning: Soil Map may not be valid at this scale. Wet Spot Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil Other line placement. The maps do not show the small areas of ,- Special Line Features contrasting soils that could have been shown at a more detailed scale. Water Features Streams and Canals Please rely on the bar scale on each map sheet for map measurements. Transportation 4-+4 Rails Source of Map: Natural Resources Conservation Service Web Soil Survey URL: ..�,. Interstate Highways Coordinate System: Web Mercator (EPSG:3857) US Routes Maps from the Web Soil Survey are based on the Web Mercator Major Roads projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Local Roads Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. Background IN Aerial Photography This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Wake County, North Carolina Survey Area Data: Version 15, Sep 19, 2016 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Apr 27, 2014—May 6, 2014 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. USDA Natural Resources Web Soil Survey 10/17/2017 • Conservation Service National Cooperative Soil Survey Page 2 of 3 Soil Map—Wake County, North Carolina Map Unit Legend 1109 Ashford Ln, Cary, NC usDA Natural Resources Web Soil Survey 10/17/2017 Conservation Service National Cooperative Soil Survey Page 3 of 3 Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI AgC Appling gravelly sandy loam, 6 to 10 percent slopes 0.1 33.6% Apl) Appling sandy loam, 10 to 15 percent slopes 0.2 66.4% Totals for Area of Interest 0.3 100.0% usDA Natural Resources Web Soil Survey 10/17/2017 Conservation Service National Cooperative Soil Survey Page 3 of 3 Water Resources ENVIRONMENTAL QUALITY Mr. & Mrs. Gates 1109 Ashford Lane Cary, NC 27511 ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN June 13, 2017 Director Subject: Buffer Determination Letter NBRRO #17-164 Wake County Determination Type: Buffer Intermittent/Perennial ® Neuse (15A NCAC 2B .0233) Start@ ❑ Tar -Pamlico (15A NCAC 2B .0259) El Intermittent/Perennial Determination (where local buffer A ordinances apply) ❑ Jordan (15A NCAC 2B .0267) X (governmental and/or interjurisdictional X projects) Project Name: 1109 Ashford Lane, Cary Address/Location: 1109 Ashford Lane, Cary, NC 27511 Stream(s): UT to Walnut Creek Determination Date: June 2, 2017 Staff: Jason Robinson Stream E/UP* Not Subject Subject Start@ Stop@ Soil USGS Survey To o A I X Throughout Property X *E/I/P = Ephemeralllntermittent/Perennial Explanation: The stream(s) listed above has been located on the most recent published NRCS Soil Survey of Wake County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each stream that is checked "Not Subject" has been determined to not be at least intermittent or is not present. Streams that are checked "Subject" have been located on the property and possess characteristics that qualify it to be at least an intermittent stream. There may be other streams located on the property that do not show up on the maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers. This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Karen Higgins; DWR — 401 & Buffer Permitting Unit, 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via Division of Water Resources, Raleigh Regional Office, Witter Quality Operations Section http:!,port il.ncdenr.org.'web/wy/aps 1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200 Location: 3800 Barrett Drive, Ralcigh. NC 1-7609 Fax: (919) 783-7159 1109 Ashford Lane, CAry Wake County June 13, 2017 Page 2 of 2 delivery service (UPS, FedEx, etc.): Karen Higgins, DWR — 401 & Buffer Permitting Unit; 512 N. Salisbury Street; Raleigh, NC 27604. This determination is final and binding unless, as detailed above, unless an appeal is requested within sixty (60) days. This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-5544884. If you have questions regar�this determination, please feel free to contact Jason Robinson at (919) 7914200. S9cffel , Danny Smith Supervisor, Water Quality Regional Operations Center cc: RRO DWR File Copy 17-164: 1109 Ashford Lane, Cary • ••.. p €,. P! � d1 i.� ter- � � • x ,41— r• i f No Feature Shown on this Map. See Soils Survey Map a. 1 • - t� � A f • p ( r t s rr• ; rti �gw Map provided by NCDEQ Division of Water Re- sources % mate Site boundary: �y Locations are approxi- mate and are provided for reference only :: C. Proposed Impacts Inventory 1b. Map Labeling Buffer Impacts From arrow to arrow: 131 Removal of debris B2 Stream bank stabilization B3 Stream restoration