HomeMy WebLinkAbout20040945 Ver 1_COMPLETE FILE_20040610E'nV
Ff? F
Environmental Consulting Services Inc.
P'7opy 3764 Rominger Road
Banner Elk, NC 28604
Ph/Fax: 828-297-6946
e-mail: env@boone.net
June 9, 2004 ?' 1 n
Mr. John Domey
NC DENR DWQ
Wetlands1401 Unit n
1621 Mail Service Center 09 46 WETLANDS/ 401 GROUP
Raleigh, NC 27699-1621
JUN 1 0 2004
RE: MAST Partnership
Watauga County WATER QUALITY SECTION
Dear Mr. Dorney:
Transmitted with this letter are 3 copies of the NWP 39 permit application for the referenced project.
Impact totals are 60 linear feet of perennial stream (UT - Watauga River), there are no wetland impacts
and the stream designation is Class C, Trout. Based on this information and the conditions of DWQ GC
- 3402 we have determined that written certification is not required for this project therefore we have not
included a permit fee in this package. The Applicant is MAST Partnership (contact: Mr. Tom Adams),
E'nV Inc. has prepared this application for the MAST Partnership and are available to answer any
questions you may have. If you need to schedule a site visit please contact me.
If you have any questions regarding these items please call me at 828-297-6946, thank you.
Sincerely,
John C. Vilas
President, E'nV Environmental Consulting Services Inc.
cc:
Mr. Daryl Lamb
Mr. Tom Adams
.1
4'71 M70`77)
Office Use Only:
USACE Action ID No.
{ y .6'
?O?
0
a
DWQ No.i t<
WATER
QG
Form Version April 2001
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
WETLANDS/ 401 GROUP
1. Processing
1. Check all of the approval(s) requested for this project: JUN 1 0 2004
X Section 404 Permit WATER
? Section 10 Permit QUALITY SECTION
? 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: M.A.S.T. Partnership (Contact: Mr. Tom Adams)
Mailing Address:
PO Box 3488
Boone NC 28607
Telephone Number: 828-264-8760 Fax Number:
E-mail Address:
Alternate Contacts:
Environmental Consultant - John Vilas, E'nV Inc: ph/fax (828) 297-6946
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
OF
Page 1 of 9
Name:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
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: MAST Properties Mixed Use Commercial Building
2. T.I.P. Project Number (NCDOT
3. Property Identification Number (Tax PIN): 1888-48-3979-000
4. Location
County: Watauga Nearest Town: Boone
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): _ Take Hwy 105 south from Boone
approximately 8 miles to Foscoe site is across from the Echota development and Mr. Bish
Blvd.
5. Site coordinates, if available (UTM or Lat/Long): 369'49"N/81 45'51"W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application: Old
farm, abandoned barn and grown up fields Some fill has been placed in inland areas. 7. Property size (acres): approximately 9.98 acres
Page 2 of 9
8. Nearest body of water (stream/river/sound/ocean/lake): Watauga River
9. River Basin: Watauga
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Describe the purpose of the proposed work: This permit application is sought to authorize the
installation of 60 linear feet of 95" by 67" arch pipe in a small perennial stream on the project
site. This crossing is needed to gain access to the majority of the site, which is separated from
the Hyyy. 105 by this small stream (UT - Watauga River). UT - Watauga River is a Class C,
Trout stream. The, proposed pipe will be installed with 20% below streambed by volume to
facilitate the establishment of a natural bottom. Mass-rock headwalls will be constructed on
either end of the structure. Grade control structures will be constructed above and/or below the
structure in order to maintain stream profile through ? theunpacted section.
10. List the type of equipment to be used to construct the project: Standard construction
equipment: track excavator, backhoe, dump truck,
11. Describe the land use in the vicinity of this project: Commercial Corridor along a major
road in Watauga County. Numerous existing developments in the vicinity.
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.
No previous USACE 404 permits or NCDENR 401 permits have been used to develop this
property
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: No additional 404/401 permit requests are anticipated for any planned future
development of this property.
Page 3 of 9
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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. Wetland Impacts
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
RR 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to he impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 3.35 acres
Total area of wetland impact proposed: 0.0
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
(linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
Impact Area 1 Pipe 60 UT - Watauga River 5 feet perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
Page 4 of 9
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 60' Perennial,
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
• List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. 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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: 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.
__ The proposed work and associated impacts are necessarv to Bain access to this site. The
stream (UT - Watauga River) appears unusuall straight and parallel to the highway and appears
to have been impacted in the past from channelization. UT - Watauga River is a perennial
channel with a drainage area of approximately 163 acres, USACE and NC DWQ stream
evaluation and stream quality forms are included in this permit package. The channel is
Page 5 of 9
currently stable with a narrow but functional floodplain. This stream runs the full width of the
site and no alternate crossing locations are available that would reduce impacts. The proposed
pipe will be countersunk below streambed such that 20% by volume will fill in to provide an
natural stream substrate. The proposed road width at the crossing is the minimum needed to
allow for truck traffic into the site.
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 March 9, 2000, 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 NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The stream buffer in the front of the site is to be left undisturbed and will be approximately
75 feet wide. This buffer is currently well vegetated with grass and other herbaceous Wecies
and shrubs. The buffer along the eastern portion of the site is forested and will be left
undisturbed. Additional trees and shrubs will be planted in the stream buffer across the front
of the site. Approximately 3.35 acres of wetlands exist in the southern portion of the site in
the floodplain of the Watauga River, these wetlands will be left undisturbed.
Page 6 of 9
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount of Non-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
IX.
Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No X
X.
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 ?
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 ?
Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify) Road crossing through trout
buffer only.
Page 7 of 9
Yes ? No X If you answered "yes", provide the following information:
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.
* I Impact I I Required
I Zone 10-0 n f-+N Multiplier 1,A.+:--+L..
1.5
Total
Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both 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.
Existing Impervious coverage on the site is less than 1 % Proposed impervious is 1.42 acres for
drives and parking (includes gravel drive and parking area) and 0.65 acres for the building for a
total impervious cover of 2.07 acres The total site is 9.98 acres and the proposed percent
impervious coverage is 21%. A storm water detention basin is proposed and will be designed for
the first one-inch of runoff per DENR standards The 30% high density option will be used for
design. Design will follow NC-DWQ guidelines The location of the proposed basin is shown on
the Site Plan.
XII. Sewage Disposal (DWQ Only)
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.
This site will be tied into the existing package WWTP at the Ponds
XM. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No X
Page 8 of 9
Jun U8 04 03:4?p Vile$ 828-297-6946 P•2
Is this an after-the-fact permit application?
Yes [7j No X
XIV. Other Circumstances (0091tan:
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 my impose bimits on
work schedules (e.g,, draw-down schedules for lakes, dates associated with Endangered end
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
d
Applicant/Agent's Signature slate '
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
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Date: 5/28/2004
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Location: 036° 09' 48.7" N 081° 45' 51.1" W
Caption: M.A.S.T. Properties LLC
Project Location Map
MAST PARTNERSHIP SITE PLAN
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STREAM QUALITY ASSESSMENT WORKSHEET Aik
Provide the fdb W id'aesandet k Jbr the sftm a react under meat:
1. ApplicaWs narne:_ MAST N-e s UC 2. Evaluator's name: .? v 1? ? ? ? ce s
3. Date of evaluation: - 2 ?t{ 4. Time of evaluation: J(7 3 Q Lc v.
& Name of stream: UI W 2 - r a ;, y 6. River basin: =Tc
7. Approximate drainage area: A6 Cccrt S & Stream order j S'
9. Length of reach evaluaWd- ZDJ 10. County: W w?M `•.
11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any):
Latitude (ex. 34.8M 12): 36 ° o g ' 43 /J Lmgkude lQ. -77sscsr ii: g 1 ' N5 S'? ' W
Method beat= detetmined (chclcX OPS Topo Ortho (A trial) PhoWGIS Other GLS Ohher
13. Location of reach under evaluation (note nearby roads and kandma rks; and attach map identifying stream(s) location):
/Y-I- - IC }con , act?sr •? . J4r t?, '?, L n
14. Proposed channel work (if
15. Recent weather conditions:
?? !i?GJ' .?
16. Site conditions at time of visit: o -wt
17. Identify any special waterway classificaflow known: 3oction?10 Tidal Waters Essential Fisheries Habitat
Trout Waters Outstanding Resource Waters - Nutrient Sensitive Waters water Supply watershed (I-M
18. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area:
19. Does channel appear on USGS quad map? NO 20. Does channel appear on USDA Soil Survey? YES NO
21. Estimated waunbed land use. Q-1% Residential I-% commercial _X Industrial -L3-% Agricultural
t ?L% Forested % cleared / Logged X Other t 1
22. Bankfull width: S 23. Bank height (from bed to top of bank):
24. Channel slope down canter of stream Flat (0 to 2%) Gentle (2 to 4%) Modeaste (4 to 10%) -Steep (>10•A)
25. Channel smuositY Straight -Occssioed beads Frequent meander Very sinuous Braided channel
Instructions for caapktbn of wwkdmmt (bested of page 2): Begin by determining the most appropriate ecoregion based on
locatim, terrain, vegetation, stream dessi(icsttiao, etc. Every daraciaristic must be soared using the same eoocegiom Assign points
to each characteristic w the imp shown far. the eooregion. Page 3 provides a brief description of how to review the
characteristics identified in the wodmbccL Scom should reflect an overall assessment of the stream reach under evaluation. If a
characteristic carrot be evauuatod due to site or weather coadic6=6 cogs- 0 in the soaring box and provide an explankaian in the
comment section. Where there are obvious changes in the character of a attain under review (Cg., the stream flows from a pasture
into a forestl the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each
reach. The total so= assigned to a steam reach must range between 0 and 100, with a score, of 100 ring a stream of the
highest quality.
Tow Scare wom/,?rerts=): Csmmenta: Lobel- Scone c&t
/f9l 6.,.:e? ,rJXmRS /•r. r... R.lPI.?Y /?. A?:•.?/? .?_ B ?I H... _ w _
Ev4nater'sSigatare ???L. ?? `?? Date
This channel evaduatian A(va is 6*mWkd to be used wdy as a g dde to awist ba6muets sad corvirsomea6d lies tr in
gathering the data required by the United Stites Army Corps of Engineers to make a peet6dnt7 assessment of stream
gaaiity. Tike total sate resakhg Manna the c mpieden of this ferm hs subject to USACZ approval and does not imply a
particular mitigation ratio or requirement Form subject to change - version 06103. To Comment, please call 919-876-8441 x 26.
STREAM QUALITY ASSESSMENT WORKSHEET
* Tbese dkKacocdsdm we act assessed in coastal , - i