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
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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