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HomeMy WebLinkAbout20061239 Ver 1_COMPLETE FILE_20060802O?O? W A T ?9pG co C3 Nii;?S;Mlltttw `c Michael A. and Linda S. Boryk 1429 Mona Passage Court New Bern, NC 28560-9074 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources August 10, 2006 Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 06-1239 Craven County Subject Property: Boryk Tract Upper Broad Creek [030410, 27-106-(7), SB, SW, NSW] Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions Dear Sir or Madam: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.535 acres of wetlands, and 0.00 square feet (ft) of Zone 1 and 0.00 square feet (ft2) of Zone 2 of protected riparian buffers for the purpose of constructing the proposed driveway to access a homesite at the subject property, as described within your application dated July 27, 2006, received by the N.C. Division of Water Quality (DWQ) on August 2, 2006. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) 39 (NW39) when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213 .0233. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 / Internet: htta://h2o.enr.state.nc.us/ncwetlands One i Carolina Np Nalmhally An Equal Opportunity/Affirmative Action Employer- 50% Recycledl10% Post Consumer Paper Michael A. and Linda S. Boryk Page 2 of 4 August 10, 2006 The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved Units Plan Location or Reference 404/LAMA Wetlands 0.535 acres Page 8 on PCN form Buffers - Zone 1 0.00 (square ft. Page 11 on PCN form Buffers - Zone 2 0.00 (square ft. Page 11 on PCN form 2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. Michael A. and Linda S. Boryk Page 3 of 4 August 10, 2006 5. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project; 6. Diffuse Flow (No Review) All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream as identified within 15A NCAC 213 .0233 (5). If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self- monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http://h2o.enr.state.nc.usIsu/Forins Documents.htn:. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. Michael A. and Linda S. Boryk Page 4 of 4 August 10, 2006 If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786. AWK/cbk/Um Enclosures: GC 3402 Certificate of Completion Sincerely, Alan W. Klimek, P.E. cc: Doug Huggett, DCM USACE Washington Regulatory Field Office Kyle Barnes, DWQ Washington Regional Office File Copy Central Files Mike Street, P.O. Box 769, Morehead City, NC 27557 Joseph Avolis, Avolis Engineering, P.A., P.O. Box 15564, New Bern, NC 28561 Filcname: 061239BorykTract(Cravcn)401+NB R L:o AVOLIS ENGINEERING, P.A. P.O. Box 15564 • New Bern, North Carolina 28561 • (252) 633-0068 ' `;. ' . J ?' I L E U, P July 27, 2006 Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center , > 1 Raleigh, NC 27699-1650 U 0 r,' RE: Boryk Tract, Broad Creek Road J Craven County, North Carolina AE Project No. 06034 Gentlemen: Attached please find a 401 Water Quality Certification application for the referenced project consisting of the following: • Permit Application (Seven Copies) • Project Plans (Seven Copies) • Permit Fee $200 It is requested that you review the attached permit application and if deemed appropriate issue a 401 Water Quality Certification for the proposed impact. If you should have any questions or need any additional information to process this request, please do not hesitate to call. Sincerely, AUG 0 2 2006 D&jk - 4" A &' QUALITY t'?cTUf<DSF lDSTi':;?i'?`.:'•.T%iT??-?; H Office Use Only: Form Version March 05 U()6'1 2 USACE Action ID No. DWQ No. (If 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: ?X 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: NW39 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 ere:]-- -,;; ire, II. Applicant Information ?11a AUG 0 ?' Z?QE? 1. Owner/Applicant Information t.vwaui<uti +-rY Name: MICHAEL A. BORYK AND LINDA S. BORYK Mailing Address: 1429 M O N A PASSAGE C O U R T NEW BERN, NC 28560-9074 Telephone Number: 252-635-1600 Fax Number: 252-633-9695E-mail Address:-MikeBoryk@wmconnect.com Other Telephone: 252-626-2175 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: JOSEPH C. AVOLIS Company Affiliation: A V 0 LIS ENGINEERING, P. A. Mailing Address: P.O. BOX 15564 NEW BERN, NC 28561 Telephone Number: 252-633-0068 Fax Number: 252-633-6507 E-mail Address:_avo1isenq@1Pmon1ine. net Page 5 of 5 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: BORYK TRACT, BROAD CREEK ROAD 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 2 -026 -025, -026, -006, -007 4. Location County: CRAVEN Nearest Town: B RID G ET 0 N / NEW BE R Subdivision name (include phase/lot number): N 0 N E Directions to site (include road numbers/names, landmarks, etc.): F R O M NEW BERN US HWY 17 NORTH ACROSS NEUSE RIVER BRIDGE, EXIT TO NC 55 EAST, TURN RIGHT AT SIGNAL ON NCSR 1600 (BROAD CREEK ROAD), PROCEED APPROX 2 MILES TO PROPERTY, ON RIGHT 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): 35-06.924 °N 76-58.067 °W 6. Property size (acres): 13.13 Ac 7. Name of nearest receiving body of water: UPPER BROAD CREEK 8. River Basin: NEUSE (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.ne.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: SITE EXISTING CONDITION: RURAL, WOODED VICINITY LAND USE: RESIDENTIAL, LIMITED COMMERCIAL, STATE GAME LANDS Page 6 of 6 10. Describe the overall project in detail, including the type of equipment to be used: Project consists of a residential driveway across 404 Wetlands to access uplands to construct one single-family residence. Equipment used: bulldozer, motor grader and dump c 11. Explain the purpose of the proposed work: D RIVE W A Y TO A C C ESS 110 M ESITE IN NON-WETLAND AREA OF PROPERTY 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. N O N E 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. NONE ANTICIPATED VI. Proposed Impacts to Waters of the United States/vVaters 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: This project proposes the fill of non-isolated 404 Wetlands for the purpose of constructing a residential driveway. The wetlands are currently wooded. Page 7 of 7 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 impacts due to both structure and flooding. 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) #1 Clear & Fill Forested No 0.062 92 Clear & Fill Forested No 0.473 Total Wetland Impact (acres) 0.535 3. List the total acreage (estimated) of all existing wetlands on the property: 8.76 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 Intermittent. Perennial t? Average Stream Width Before Impact Impact Length linear feet) Area of Impact acres None Total Stream Impact (by length and acreage) 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 None Total Open Water Impact (acres) Page 8 of 8 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0 Wetland Impact acres): 0,535 Open Water Impact (acres : 0 Total Impact to Waters of the U.S. (acres) 0,535 Total Stream Impact (linear feet): 0 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. N/A 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., darn/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A 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. _ Project proposes the construction of a straight and minimal fill section residential driveway to access uplands 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 9 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, available at http:/ih2o.enr.state.nc.us/ncwetiands/strmeide.htm]. 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. WE PROPOSE TO ELIMINATE AN EXISTING 150' CAUSEWAY TO MITIGATE A NEW 140' DRIVE NEAR PROPERTY LINE, AND INCORPORATE AREA DESIGNATED AS LOT 1 TO MAIN (BACK) PARCEL AND DEDICATE TO PRESERVED WETLAND BY DEED TO MITIGATE A 20' WIDE DRIVEWAY OF APPROXIMATELY 0.4775 AC. 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/wm/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): N/A Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 10 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 ? 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 ? N/A 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 ? NIA 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 (Neuse), 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 )? Yes ? No x? 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* Impact Multiplier Required (square feet) Mitigation 1 N/A 3 (2 for Catawba) 2 1.5 Total I I I * Zone I 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 213.0242 or.0244, or.0260. N/A Page I 1 of I 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. Impervious surface will be less than 20%. Future work on the site would involve a residence. Total disturbance less than one acre. 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. NO SEWAGE OR WASTEWATER WILL BE GENERATED BY THIS PROJECT. 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 an after-the-fact permit application? Yes ? No M 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 htt2://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: THIS PROJECT IS TO PROVIDE ACCESS ONLY TO A NON-WETLAND SITE FOR THE CONSTRUCTION ONE 3-BR SINGLE FAMILY HOME AND AN OUTBUILDING. 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). None Joseph C. Avolis, P.E., Aaent Appl' an Agent's Signature Date (Agent's sig a e is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 Linda Boryk 1429 Mona Passage Court New Bern, NC 28560-9074 Phone: 252-626-2175 Fax: 252-633-9695 Email: LindaBoryk@wmconnect.com May 30, 2006 North Carolina Division of Water Quality 401 /Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 RE: BORYK TRACT, BROAD CREEK ROAD To Whom It May Concern: For the purpose of securing the necessary permit to construct a driveway on the above referenced property, we the undersigned do hereby engage, appoint and authorize Joseph C. Avolis to act as our agent in this matter. chael A. ??-,30 ,off Date S X30-06 L n a S. Boryk Date - _ _ - , ~ ~ ~ , ~ ~ S N35~8, ~ ~ ~ "7p , ut i ~j \ ~ m EEE SELF ANCHORING - - A 33P ~ 'U U ~HaV1VRN~IAW ~ h~ p+J`L~..N ~ . ~ •.a.; ~:,,U, METAL - - c :6 METAL POST @ b ~ ~ MAX Q. ~ , m r ~r . ~ ~ ~ , I ND. DESCRIPTION BY DATE ~ _ Uc - - v:u? ~:I~ y,"' 4~F 1 k - . ~ , ~ , ~ ~ 'c: x ~ , Revisions :4 S Y r. --12GUAGE6X6WIREMESH ~ _ ,r y ,,w~ i~6' 0 ~i~~ ~ M,,~ .,kd ~'?,I - FILTEF lllll1~111~1 FILTER FABRIC - r ` o^ „ ~ v~ Y< ~I ~1, I I ~ - ~ ~ n I ew h 21`- 8 ~ ~ ~ _ , o 8 ~ ~ Fl - w ~ ; y , ~ EEOW ~ ~ ~ ~&1~0~ c~ o~ OW o s - ~ N µ ~ roo ~ ~ ~o~ ~ ~ o i ~ i/ / z_ii ~ rv~ ~ ~ < ~ Q - , _ ~ ~ ~ as Q 3 CU W WW~x r ~ ~ , n~K ~W~UW O~¢'WF-i ° ~ ~ ~U~x~t 1 a ~ „i f i , ~ z ~ . 1 ~ , . ~ 1.1 ~ - _ 0.~UiQUQ j ~ 6 ~ ~ , - 1--i--_ _ . i , i-' ~pA ~ ag} C~~ ~ ~ ~ . a s. _ , C S RO SIDE ~i~T F ~NCiN~ AT U~;A II~N.~ NOTE. P _ c ~ r~NdS'd e~ / A SILT EENCE _.v, ao~~-a - WNERE Ri~~A,C~ ~Y CP~,~~SSE.~~ WETEH ENCE ~d ~ r _ ~ C1 C1 NOT TO SCALE TO SCALE - _ ~i~ ~ ~ , °:2.. ~ 1 U ~l r TE ~r'.. ~1 r-~ ~ < Ay ' Q,' ~ ? a W f~~ W s 1 20' ~ ' ~ riw }a~. T OF 11~AY ~ w RICH ~ L. ~r_~. .+y. Y ~~r~ 1 h. l~ - ~6fr, Z 0,~. ~ ~ , ~ c ~ L . 'w W a _ i - k ~r / ~ 7t 12' 4' - ~ X . `EGETATED -SILT FEN~~.E ~ f , STET FENCE vE~ETaTE~ PAVEMENT - ~ ~1~~~ ii ~~-i~~i~__ER ~i _ _ k > z. SHOULDER -r1a~~e ~ ~3 ~ a t h I ~ ~ ^=,~n . f 9 r:. 404 WETLANDS ~ v. ,y. , ~ ) ~ ~~r ~ ~ j I ~ ~U4 ~JE L r ~~r ~ FER FOOT \i ~ = i i Ey ~ 1 I y V.~ n A'. w ~ 1, I -~rra5~5'e ~ ~ ' ~ - ~ ~ _ Y n ~ > i - _ _1~ x ~ _ ~ ~ .,.t AVEE OR ASPHALT ROADV~AY T~~~_~~REACE ~R AD SECTION TYPICAL RO T S ~ A~~ C1 1 NOT TO SCALE NAT ~ T 0~J MAC ~~CA I I ~ E-~ o O r ~o~ WETLAND AREA~1 z ~ ~ WETLAND AREA#2 20' DRIVEWAY ACROSS W ~ 20' DRIVEWAY ACROSS ~S ~ o~, ~~h~ 404 WETLANDS (2,719SF) ~ ~ N3 6 OU E ~ 404 WETLANDS (20,619SF)~ a ~19SF) ~ ~ ~ ~ - - ~ ~ n ~ N40°37`2 N40 37 25 E ~ W o „E 0°37'5"E ~ '~58~3' N40 7 ~5 ~ o '~58~3 ~ ~ A o ~ ~ W ~ Q~ x ~,70 ~ ~ ,45 ~ 906. N 404 ~ETEANDS ~ ~ ~ U~ RESIDENTIAE ~ ~ ~ ,~o QUO NT DEVEEOPME 7 7 ~ ~ ANDS z ~ ~W ON UPE m J \ 1 I ~1 ~-I N r~ ro ~ ~m ~ r~ SILT FENCING m ~ ~1 ~ ~ - ~ W~ O ~ ~ ~ ~ p m~~ N ~ W U o~ w ~o ~W ~N o~ ~UW AN ~ ~4 ~WETL Q ~ 404 V~ETL~N~'S ` o ~ ~ W ~ o ~ ~s Q UPLANDS ~ ~ ~ ~ N ~~W r' ~ T 1 ~ F- N S UPEA D ~ 'c'i F-~-I o ~ S4.0 54 00 W'~~. ~ i it O C i C u N ~ ~4 54 00 W S40 ~3 0~ Wz ~ 4 WETLANDS ~ ~ ~ 40 - ~ ~ ~ ~ ~ 4,96 16504 ~ ~ ~ S40 54 00 1~07~93 2~5~89 o°~ o oW goo WN N -P (,J ~ ~ o a o~ r a - - S4~ W S40 ~ 0 W Y OC DRIVEWAY IMPACT AREA SUMMAR ~ - ~ 169.8 2~0~ TYPE AREA WETCA~IDS 23,338 SE 404 ~ A~JDS 8,540 S~ UPC ~ SITE DEAN TE AREA RES ~ % P~ TOTAC SI 13,14 AC c~ goo' TAC WETLANDS ,76 ACRES TD 8 ~ ~ ~ r~~ir, i- - _ _