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HomeMy WebLinkAbout20011342 Ver 1_COMPLETE FILE_20010907State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael Easley, Governor Bill Ross, Secretary Gregory Thorpe, Acting Director fflk,?W,J 4 • Ann% NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES October 2, 2001 DWQ # 01-1342 Graham County APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Paul Thompson P.O. Box 3264 Bald Head Island, NC 28461 Dear Mr. Thompson: You have our approval, in accordance with the attached conditions, to 20 feet of streams to construct a bridge on Big Snowbird Creek to access residential property, we have decided that this fill is covered by General Water Quality Certification Number 3289. This Certification will allow you to utilize Nationwide Permit 14 when the US Army Corps of Engineers issues it. In addition, you should get any other required federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control and Non-Discharge. Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is only valid 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 wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. High Quality Waters Best Management Practices for Sedimentation and Erosion Control must be utilized by this project. 2. - Fresh concrete shall not "contact the stream until it has hardened. 3. The use of mechanical equipment in the stream must be minimized. If you do not accept any of the conditions of this certification, 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, P.O. Box 27447, Raleigh, N.C. 27611- 7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and "No Practical Alternatives" determination under 15A NCAC 2B .0259(8). If you have any questions, please telephone Dave Penrose at 919-733-9502 or Larry Frost at our Ashveille Regional Office at 828-251-6208. Non-Discharge Branch Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27669-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled110% post consumer paper Page 2 of 2 Sincerely, g J. Thorpe, PhD A ting Director I Attachment Cc: US Army Corps of Engineers Asheville Regulatory Field Office NC Division of Water Quality Asheville Regional Office File Copy Central Files Non-Discharge Branch Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27669-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: Larry Frost WO Supervisor: Forrest Westall Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Paul C. Thompson County Graham Project Number 01 1342: County2 Recvd From APP Region Asheville Received Date 9/7/01 Recvd By Region Project Type bridge Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet BE Type Type Impact Score Index Prim. Supp. Basin Req., Req. 14 F_ O Y O N ?- 2- t 90-9 F -c TRxQw 40,404. 20.00 F_ r r F7-- -ON Mitigation Wetland MitigationType Type Acres Feet` Is Wetland Rating Sheet Attached? O Y (ON Did you request more info? O Y ON Have Project Changes/Conditions Been Discussed With Applicant? O Y 0 N Is Mitigation required? O Y 0 N Recommendation: O Issue 0 Issue/fond O Deny Provided by Region: Latitude (ddmmss) 351734 Longitude (ddmmss) 835349 Comments: Recommend the following: Stingent sediment and errosin control for HOW waters. No fresh concrete to enter stream, until cured. Minimize mechanical equipment in stream, cc: Regional Office Central Office Page Number 1 l f f 9 jt4 10, 011342 en CAD:5p 4k 1- 5 - h few) 'X w dy, 12)" V me ? ?' w11L 910 011p ql? (woah 3 ? 3 - v?c?a C Pa?e,rz? CQ- Office Use Only: Form Version April 2001 USACE Action ID No. DWQ No. 0 1 1 3 4 9 If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. g???ry ;4 I. Processing j i ?- 1. Che all of the approval(s) requested for this project: 7W Section 404 Permit Fv? --- - - Section 10 Permit _ :ar TM H F] 401 Water Quality Certification F-I Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: 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: 0 II. Applicant Information 1. Owner/Ap licant Information Name: rA. (A L C Telephone Number: - - -E-mail Address: - Fax Number: g 1 0_ 4 3 0 0 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.) Name: Company Affiliatio Mailing Address: Telephone Number: ml ID, Fax Number: E-mail Address: 00 C% A III. Project Information Attach a viclearly showing the location of the property with respect to local landmarks 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: 15-1 os 5 n o u.i X T.I.P. Project Number (NCDOT Only):_ 3. Property Identification Number (Tax PN: 4 5. Site coordinates, if available (UTM or Lat/Long): N /A (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: Recfe,4i o AA L 7. Property size (acres): t Z . '-F 3 A c _ 8. Nearest body of water (stream/river/sound/ocean/lake): IR ; r_ Sn o w to i,-,d C r Q Q 9. River Basin: 6 ; a ?O Ow 61 `r A^ U A-2 r s ? 7 - SA his k a L A k 2 (Note - this must be e of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Location County:- Grp, h vrn Go, Neare t Town: 06 h S U ll Z Subdivision name (include phase/lot number): _M Ay Directions to site (include road numbers, landmarks, etc.): 10. Describe the purpose of the proposed work: o,? S`}'r Lam' o I -,y3 refs. r2 ap 11. List the type of equipment to be used to construct the proje t: L R ra (O Ac?(.C ?n n .e - A,? ) /all o? o i Pr ro - () /-1 12. Describe the land use in the vicinity of this project: IV. V. Q- w 6( b Q VI. Proposed Impacts to Waters of the United States/Waters of the State Prior Project History A-, 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. - inure rrojecr Ylans Are any additional permit requests anticipated for this project in the future? anticipated work, and provide justification for the exclusion of this work application:_ H O, To ry. v 1r,,, ow G e o w. A" ,_ -J- , If so, describe the from the current e 91' S use p-F i c 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. P.- [ ..F c Wetland Impacts NON'r Wett t?,,,? s wdfi o t Z i--1-3 Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) tti Distance to Nearest Stream (linear feet) - Ham. Type of Wetland*** * List each im act se aratel d 'd t' t p p y an ten ify emporary 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. ** 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 be 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: N a N Total area of wetland impact proposed: 0 Q E Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) .SQ.?2 W? A Type of Impact* N a N E Length of Impact (linear feet) aO -Fi- Stream Name** Sit w b i? 9, O Average Width of Stream Before Impact 5 S i+ . Perennial or Intermittent? (please specify) Pe%r Qv%w' h L ••••r?• ??r••14•?v a,,., ,.,a.u.,.y w„1ywaly 1111pacas. impacts inciuae, nut 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), 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.uses.goy. 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: Pre-?'R1ov cA?4 c,-o v.cse+e- b 10 c (.cam N 0 co". CPCAt od f } c-f Page 6 of 6 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 map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) List eacn impact separately ana iaentiry temporary impacts. impacts mciuae, out are not iimitea to: till, excavation, dredging, flooding, drainage, bulkheads, etc. 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 F1 stream F-1 wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): ?Q 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. BPS. b e? Vh aka l 4. C_ - e- ¢k Cora f LittiQ(? W .`? i1?er _V to v. *wa nX+i6h Ayt l? creek w-. (I b A r i Qr-S(@Ac k ?Ab N? c, , S'4 L to e w ? `l ?l1Qv 1oQ u red ?a c- oroSftw Page 7 of7 pr;, boA.-aeJ w ? ?1,? Pe-v _S r e- 4r- ,q'kQt) LAAAn?P,- "r0N(:??\l? 12 4+. LQ_?-544,%s ?,a?e Len ?1? Mitigation -'ance with 15A NCAC 2H .0500, mitigation may be required by the NC Quality for projects involving greater than or equal to one acre of impacts to is or greater than or equal to 150 linear feet of.total impacts to perennial -?,a-?- 07r-7? rdance with the Final Notice of Issuance and Modification of Nationwide oC? Gl? a_ x K? in the Federal Register on March 9, 2000, mitigation will be required when e 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/newetlands/strmgide.htm]. 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. ALL o Q-)( L s'+ i h S +T to G +",r e- w ill b e- Tevh oy e c N r) V l? -I ao rroJ«. 'R -f-L of AriL 1 2bo"Z , Creek Bank w 1? be f? ?tarQC7 h Lu As Page 8 of 8 ?+ c f e 2 ?C ?} o /Yl A ?c,?? Sep}?oti• ? his w l l b e do m e R s t t a c lk Q n S f-./,L4, C +e J to r J , i4 Gc e ?C, O ,CC. .Se e, p A o? O e. , 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): © ?t Amount of buffer mitigation requested (square feet): N f? Amount of Riparian wetland mitigation requested (acres): N A Amount of Non-riparian wetland mitigation requested (acres):N Amount of Coastal wetland mitigation requested (acres): N A . 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 F] 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 M No M X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate a n d 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 )? Yes EJ No 0 If you answered "yes", provide the following information: Page 9 of 9 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* Multiplier 1 3 E2 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. 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. XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.01500) or any Buffer Rules? . . Yes 0 No El Is this an after-the-fact permit application? Yes No Page 10 of 10 XIV. 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). S ,S i ?{ 2 i s vv Q S h o "'t v. - tI? r w 2 F ?- i k C W a 1- 2 G ovti-. p GL-_ Z o 1 -r f`eJ P ('1+ wJ 2fo i O LA X W? 1 W v x 1z t o t c r a v d iSQ CO .r •Q C- A o w br- d R?J2??-. 1,? R ?ro?QSio?nr?l.? ,nr.A?,ar ?i5 SKOw6?r? I .S FP. + L.p?? 1.2J 2L of 'Flow 14r`? ?ol? S-f i-c,? ?'? i o v. S)tiowl d 10 ??„A.S• P. 71 ,3 -z- Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) US Army Corps Of Engineers Field Offices and County Covera e g Asheville Regulatory Field Office US Army Corps of Engineers Alexander A Cherokee Iredell Mitchell Union 151 Patton Avenue very Buncombe Clay Cleveland Jackson Lincoln Polk Watauga R Room 208 Asheville NC 28801-5006 Burke Gaston Macon owan Yancey Rutherford , Telephone: (828) 271-4854 Cabarrus Caldwell Graham Haywood Madison McDowell Stanley Swain Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office US Army Corps Of Engineers 6508 Falls of the Neuse Road Suite 120 Raleigh, NC 27615 Telephone: (919) 876-8441 Fax: (919) 876-5283 Alamance Durham Johnston Rockingham Wilson Alleghany Edgecombe Lee Stokes Yadkin Ashe Franklin Nash Surry Caswell Forsyth Northampton Vance Chatham Granville Orange Wake Davidson - - -Guilford -- _-- - Person - - - - -.Warren - Davie Halifax Randolph Wilkes Washington Regulatory Field Office Beaufort Currituck Jones US Army Corps Of Engineers Bertie Dare Lenoir Post Office Box 1000 Camden Gates Martin Washington, NC 27889-1000 Carteret* Green Pamlico Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Hamett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson - Telephone: (910) 2514511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland Pitt Tyrrell Washington Wayne *Croatan National Forest Only ?j • ?? ? -- .,\?c iii: `??? ?'%\ \, `1 F-? ???1 r q 1 . :G L i 1 /' - - _ ?f r - -? it fx-r l? I /1.i es ^R"`` ir,ston Salem 1 J WESTERN NORTH CAROLINA 1/2 1011 11 ?? ? SO 1N MILES - LOCaTlp-N - NI4P OF 91G SNOWBIRD CF3EEK GRAklAAl Co , N C OCTOBER 15, 1984 - _ S NEF_ T--_OF . . SNOWBIRD AREA ?? N A N T A H A L A NATIONAL FOREST v O , II CREEK> SITE- NO. 2 m 1 AREA: 1 J N CONTINUOUS SI)-T FENCING °y ` 15 ADJACENT TO AND PARALLEL WITH CREEK DISCHARGE 5 Q - - ____-_- ----_ FO ,? - - - - GRAVEL ROAD- -- - \ ;I 7YIE S C A L E 1 _ 400' --"-' Fl L AN o ? t cUc SNOWBIRD NOTE PROPERTY LINE RUNS WITH BANK OF BIG SNOWBIRD CREEK '- r s' U. S_ l ores -Serv i ?? V' v1??h RUA) 70 i2.L4 3 At, US F; S, s Ge v1T E f s0v?0PIT S•-IF Ne-kel DLk e -`- o S P PJN Lerl?t n s. 0 E Cam. - - o.. OD 5? i .?? yea