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HomeMy WebLinkAbout20020190 Ver 1_COMPLETE FILE_20020207O OF W AT ?R?G r O Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality March 1, 2002 DWQ# 02-0190 Beaufort County Philip Crews 130 Ridge Road Chocowinity, NC, 27817 APPROVAL of 401 Water Quality Certification and Tar-Pamlico River Buffer Rules with Additional Conditions Dear Mr. Crews: You have our approval, in accordance with the attached conditions, to place fill in 0.05 acre of wetlands in order to construct a road crossing on your property in Beaufort County, as described in your application received by the Division of Water Quality on February 7, 2002, and in additional correspondence received March 1, 2002. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3289, which can be downloaded from our web site at http://h2o.enr.state.nc.us/nc%k,etIands . This Certification allows you to use Nationwide Permit Number 14 when it is issued by the U.S. Army Corps of Engineers. This approval is also valid for the Tar-Pamlico River Buffer Rules (15A NCAC 2B .0259). In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. 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 in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the 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. 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. If you have any questions, please telephone Tom Steffens in our Washington Regional Office at 252-946-6481 or Cyndi Karoly in the Central Office at 919-733-9721. Sincerely, Gregory J. Thorpe, Ph.D. v Attachments cc: Corps of Engineers Washington Regulatory Field Office Washington DWQ Regional Office Central Files File Copy 020190 "forth Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1;,:50 Mail Service Center. Ralei,h. INC 27699-1550 (Mailing Address) 2'21 Crattr=? Blvd . Rale;ch. NC 27604-2290 (Location) Re status - 011897; currituck county Subject: Re: status - 011897; currituck county Date: Thu, 28 Feb 2002 11:45:46 -0500 From: Tom Steffens <Tom.Steffens @ncmail. net> To: Cyndi Karoly <cyndi.karoly@ncmail.net> CC: John Domey <john.dorney@ncmail.net> Cyndi, I did a site visit today on the Phil Cruise project NW18, Beaufort Co, # 02-0190. I understand it is on hold for a more detailed picture of the impact. Applicant is to fax you a better picture today, I recommend Issue w/o cond. Very good project. # 01-1897 Issue w/ /no conditions... no significant impact that I can see. Entered into filepro also. Toms John Dorney wrote: > can we issue this one? the only thing that cyndi, bob and i see is that > they need to account for the small amount (100 square feet?) of wetlands > left upslope of the subdivision road as well as including deed > notifications. please advise. the consultant is calling. thankx Tom Steffens <Tom.Steffens@ncmail. net> Environmental Specialist II DENR/DWQ/WaRO .401 Wetlands v I of 1 2/28/02 2:43 PM To: Cyndi Karoly J I MAR 1 From: Philip Crews 130 Ridge Road Chocowinity, NC 27817 Subject: DWQ Project No. 02-0190 I am enclosing the additional information you requested in your letter of February 13"i. In addition, I met with Tom Steffens at the site today to review my plan and to get his help with my drawing. The proposed driveway will be gravel and will connect high ground to high ground for residential use. We have selected a route for the proposed driveway that crosses the minimum amount of wetland area. I have attached a marked-up copy of the original drawing I sent to you and a more detailed drawing showing the drive in relation to the wetland area. If you have any questions, please give me a call at 252-945-1604. 'thank you. 1 N W, I 7r it y rrr1 I M Z I ' ;o 0 O m? I I -0; j o . 1 - 11 I I I I ?1Z 4 7z, 0 D (n O `- 1-44 cpps D C o o Z '+t D in g ? Q Z b O M "n_ z ?Xrn rn D -OA rr, MS "I ORr a?-+ z rn Orn ? ? _? O !? rn \T _ A z? j?, 00 A N (? 0) 0o o? N A N N ?- O at &I O O %P. yap' Olt, b b b O I ? a) tv \ v, ,, rn M --4 56 N r Z 1 ? 1 ? 1 , 1 ? . N z m 1'"' co OV r4 ?o X a) z 1003W 0 W?tor0 D ?G (A Zl z j T,)56 ? l n k? P n D ? 0 d z 6 ?s J v = S ^ ? S C to ? C ? a Z OF W A r?R Michael F. Easley Ot pG Governor C0 f j William G. Ross, Jr., Secretary Department of Environment and Natural Resources 4 Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality February 13, 2002 Beaufort County DWQ Project No. 02-0190 I CERTIFIED MAIL: RETURN RECEIPT REQUESTED Pio - F I w F R Philip Crews 130 Ridge Road Chocowinity, NC, 27817 Dear Mr. Crews: On February 7, 2002, the NC Division of Water Quality (DWQ) received your application for a 401 Water Quality Certification for a road crossing on your property in Beaufort County. Insufficient information has been provided in order for us to complete our review. Specifically, please provide the following materials so that we can complete our review of your application: • Please provide a site plan clearly illustrating the proposed road and wetland areas occurring within the footprint of the road. You have provided a site map with an arrow pointing to a boxed area, but it is not clear where the road alignment is. Please discuss why the wetland impacts within this fill area cannot be avoided. Until the information requested in this letter is provided, I will request (by copy of this letter) that the Corps of Engineers place this project on hold. Also, this project will be placed on hold for our processing due to incomplete information (15A NCAC 2H .0507(h)). Thank you for your attention. If you have any questions, please contact Cyndi Karoly in our Central Office in Raleigh at (919) 733-1786. Sincerely, John Dorney cc: Corps of Engineers Washington Regulatory Field Office Washington DWQ Regional Office File Copy Central Files 020190 North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd Raleigh, NC 27601-2260 (Location) .. ;FB - T Office Use Only: Form Version October 2001 USACE Action ID No. DWQ No. ?? u?t • R+ If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing 1. Chege all of the approval(s) requested for this project: 'Section 404 Permit Ll? ? S tion 10 Permit 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: 19 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 Inf mation Name: I,, ,• J` Q- WS Mailing Address: Telephone Number: 2--Y-2-- 9 ? 62-I 3 2-6 Fax Number: 2-S'Z. - 5 Y C - T z S E-mail Address: ?c+'ewl C--? 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 Affiliation: Mailing Address: Telephone Number: E-mail Address: Fax Number: Page 5 of 12 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: C ? t ( 4 T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 6G v `'f S Location County: Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): T4 e_ 0-: UIL. rc9.-I 1-4J., /-t- ,- Site coordinates, if available (UTM or Lat/Long): (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.) Describe the existing land use or condition of the site at the time of this application: .- -? 4 1 U S,-- --vt r r x O F CIS ?-e/ ??./ 7. Property size (acres): 17. S -,+C-- 8. Nearest body of water (stream/river/sound/ocean/lake): 9. River Basin: Ar-Ilt'r-0 (Note --this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http:r,'h2o.enr.state.nc.usia(Imin/mans/.) Page 6 of 12 Nearest Town: VV sS Wnt, 7-,, 10. Describe the purpose of the proposed work: V F a rvv w i >? -i O Cv??? ?? ?,rpy? vQ- 11. List the type of equipment to be used to constrict the project: r4 r' g Cj- 4, - 12. Describe the land use in the vicinity of this project:- S; ?o 3 t S ,? 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 constriction schedules. V. Future Project Plans Are any future permit requests anticipated for this project`? If so, describe the anticipated work. and prov?ifcation for the exclusion of this work from the current application: VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to &termine, 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. Page 7 of 12 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*** I F' 11 , o e S c.ao r r ?,?,.,/ * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, d itching/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 FEMAapproved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online athtto:' \v\vw..tcma 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 Total area of wetland impact proposed: • c? 1 2. Stream Impacts, including all intermittent and perennial streams /1/(/¢ Stream Impact Site Number indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent'? leases ecif List each impact separately and identity temporary impacts. Impacts include, but arc not limited to: culverts and associated rip-rap, darts (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 w%vw.usizs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topoione.coni, wv).vw.nutnquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Page 8 of 12 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. n u(k 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.) ? IN cacu unpaci scpatatuiy anu iuenury temporary impacts. impacts mcluae, out are not limited to: till, excavation, dredging, flooding, drainage, bulkheads, etc. // 4. Pond Creation NI? 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. --TeVT VIII. Mitigation DWQ - In accordance with 15A NCAC 2I-I .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 12 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 httl?:?'h2o.enr.state.nc.us-'ncwetlandsistrm?idc.htrnl. 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. 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 hup / h2o ct,r.staic.r,c.us;wrP:iu&.e i,<<„ 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): 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): Pagc 10 of 12 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 Q/ 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 ? X. 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 (NeLISe), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requ ts), or other (please identify )'? Yes r] No ire ? 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. Zone* Impact (square feet) Multiplier Required Mitigation l 3 2 1.5 Total i.unc i cxt enus out -?o icet pcrpenuictuar from near nanK Of enannel: [.one 2 extends an additional 20 feet from the edge of Zone 1. Page I I of 12 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 DW etland Rules (15A NCAC 2H .0500) or any Buffer Rules'? Yes ? No Is this an after-the- fact permit a lication'? Yes ? No le 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). ?- OZ `Z Applicant/Agg+it's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Pagc 12 of 12 Project Description The purpose of this project is to connect two adjacent areas of high ground with a gravel road. The project will impact a wetland area approximately 18 feet wide by 120 feet long. The road will be placed to minimize impact to trees in the wetland area. The road will be constructed by removing all vegetation in the roadbed. Organic material from the surface will be excavated and removed and the excavation will be filled with clean select sand fill material. To ensure natural flow of runoff, two 30 inch pipes will be placed at the road crossing. QO / rR-j 0 1 ,. j4-/ ??. I 2'20? I I I - L I i 1,A i:OAle II ?. 5 57A) d I -1 _17_ 7 ?'3 S1 ?)5?h f3Jt?Ej / % ?`? 114 ?J97`a ??. X90 oQi'? Qf?ri ? /' 7o4 t?o --- - -------- BEAUFORT COUNTY 1 in= 412.04 feet Parcel: 6604-54-5077 Date: 12/07/01 S THIS MAP IS PREPARED FROM RECORDED DEEDS, I PLATS AND OTHER PUBLIC RECORDS DATA. USERS OF f ;J J J THIS MAP ARE HEREBY NOTIFIED THAT THE AFOR- MENTIONED PUBLIC PRIMARY INFORMATION SOURCES P 171 > ,??'? i,i> SHOULD BE CCNSULTED FOR VERIFICATION OF THE INFORMATION CONTAINED ON THIS MAP THE COUNTY _ C,0OASSUMES NO LEGAL RESPONSIBILITY FOR THE INFOR- MATION CONTAINED ON THIS MAP. LAND RECORDS GEOGRAPHIC INFORMATION SYSTEMS } ( n O fiN ?? IoM ?m 1 + W a N 17 ? Q rnrnv LL. LL. 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