HomeMy WebLinkAbout20021138 Ver 1_COMPLETE FILE_20020718MEMORANDUM
TO: John Dorney Regional Contact: Jennifer Frye
Non-Discharge Branch WO Supervisor: Steve Mauney
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Jack Miller
Project Number 02 1138
Recvd From APP
Received Date 7/18/02
Project Type subdivision
Recvd By Region 7/23/2002
Certificates
Permit Wetland Wetland Wetland Stream
Type Type Impact Score Index
County RANDOLPH
County2
Region Winston-Salem
Stream
Class Acres Feet
Prim. Supp. Basin Req. Req.
Stream Impacts (ft.)
®®
39 F_ O YO N ? 17 ??- 30,609. ? 148.00 148.00 F-
JOY ON F- F-F- F_ F- F-
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? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: OQ Issue 0 Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
Wn,Mettification #3362 issued by WSRO on July 29,2002.
cc: Regional Office
Central Office Page Number 1
I %
IR
Office Use Only:
Processing
USACE Action 11) No. _m- DWQ No. 21 13 8
(If any particulitem is not app Iicahle to this project, please enter "Not Applicable" or "N/A".)
1.
II.
1. Chec 1 of the approval(s) requested for this project:
Section 404 Permit ?
? Section 10 Permit ?
[? 1 Water Quality Certification
Form version May 2002
?? IUUZ
Riparian or WatersN d Buffer Rules
Isolated Wetland l it from D '
? _...?nC G 1jQ.nU
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approvill 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 (verify availability with NCWRP prior to submittal of PCN), complete
section Vill 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 it North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
Applicant Information
1. Owner/Applicant In fornrttion
Name:
Mailing Address:_ 334- 5, '851 A-AP_
Telephone Number: 8 7 Fax Number:
E-mail Address: -
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:__
Company Affiliation: ---------- -- ---
Mailin- Addre,,,;: - - ----
-- ---
Telephone Number:- Fax Number:
E-mail Address: ------------- --
o 1' 12 PAYAI EIV T
t-n t
Rt_ ? ; D
III.
a
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: X/ a,
2. T.I.P. Project Numher or State Project Number (NCbOT Only):
3. Property Identific,ition Number (Tax PIN): / f?/?
4. Location
County:_ VA 4J0/,Q A Nearest Town:
Subdivision name (incl de phase/lot number):_ Cook P_
Directions to site (include road numbers, landmarks, etc.):_
5. Site coordinates, if available (UTM or Lat/Long): 5 S6 ?j/,? 0 *,a Wo °,?j pt,?"G
(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. Property size (acres): ,J /-? A
7. Nearest body of water (stream/river/soun(l/ocean/lake):
8. River Basin: CA,01 a ' yG-Q ,?,4sj,(J
(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/.)
9. Describe the existing conditions on the site and gene ral land use in y,o the p ect
at the time of this application:
PJW 1
'cs
4&94¢
10. Describ the overal l project detail, ncluyljng the type
,?f equipment to be used:
1?1
IV.
a
11. Explain the purpose of the proposed work:
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.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for tl)e p elusion of this work from the current application.
Al 1A
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 I-or 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. 11' 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' 1
a written description of t E proposed impacts:
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate o a)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
-
-- . y . _
-- •,,,r,- -Varatci allu tucnury te111p0Fary impacts. impacts inctuae, 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 tloodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www,fenrt ov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to he made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Im act Perennial or
Intermittent?
( leasespecify)
-
- - 3 a ' ,rJ?V i
7
7
-
-
List each Imnarf c r nor•, t,•t„ r,.: r.. 1 --
.. - ? Y - -- ?pvi.uy impacts. Impacts incltioc, but are not limited to: culverts and associated rip-rap,
darns (separately list in)pnets tlur W 1)0111 suucture 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 steam has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS neaps are available through the USGS at 1-800-358-9616, or online at
www.usas goy. Several inlernct sites also allow direct download and printing of USGS maps (e.g., www.topozone corn,
www.roil l 1Jest.cl) Ill, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 70
Page 8 nl I
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any ()thee water of the U.S.) below:
;(iindi en Water Impact - -
Site Number Area of Type of Waterbod
Type of Impact* Impact Name of Waterbody y
eon ma) (if apPlieable) (lake, pond, estuary, sound,
3 ------ (acres)
- bay, ocean, etc.)
---
* List each impact arately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, dred m
flooding, drainage, bulkheads, etc, g
g.
5. 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 appli ion.
Pond to be created in (check all that apply): u lands
Describe the method onstruction (e.g dam/emban merit excavatio instal ation dof
draw-down valve o spillwa etc.):
Proposed use or purpose of pond (e. ' tl S
g., livestock watering, irrigatio 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,
financial viability of the project. The applicant may attach drawings of alternative, lower-iand
site layouts, and explain why these design options were not feasible. Also discuss how impacts
made
were minimized once the desired site plan was developed. If applicable, discuss construction
tech iques to he fo wed during construction to reduce impacts.
,(y.y, ?
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2F 1 .0500, mitigation may be re uired b
Division of Watct Quality for projects inva2f q y the NC
freshwater- wetlands or -renter than or equal to
streams. ?I SOt linear[ feor equal to et of total one
acct of impacts to
p s to perennial
opgrr
h:??e v ?,r I
USACF, -- 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 cnsurc 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 he 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.eni-.state.nc.us/ncwetlands/strmgide.htmi.
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 i I' more space is needed.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of' a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at litt1)://h2o.enr.stite.nc.us/wrp/index.htm, If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following infornurtion:
A"W''nt (d firma mitigation requested (linear feet):
i\nu?nnt of luilfer mitigation requested (s(Juare feet);
Amomit of Riparian wetland mitigation requested (a
Ainonnt of Non-riparian wetland mitigation requeste
Amount ofr'();rstal wetland mitigation requested (ac
I';i.L-,c M o I
IX.
X.
Environmental Documentation (required by DWQ)
Does the prolecl ins Avc ,In expenditure of
(federal/state) land? j
Yes [I No
public (federal/slate) funds or the use of public
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 NE,PA/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 docunu:nt review been finalized by the State Clearinghouse? If so, please attach a
copy of the NFIFIA or SFIPA final approval letter.
Yes ? No ?
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 he included at the
applicant's discretion.
Will the project impact protected riparian butte-, identified within 15A NC [' 7R
(Neuse), 15A NCAC 2B .0259 Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules an
ater Supply Buffer Re uirements , or other (please identify
o ? 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.
7nnc Impact Required (square feet) Multiplier
Mitigation
1.5
lnt,Il
/one I ?;t?. mi "nt .tn lint pCipendicular fron, ncn hank of channel: Zone 2 extends an
11(m) the ed've. of Zone I.
A
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, conservation Easement, Etipm•ian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B e0242 or .02(,0.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls propc)ec in order to protect surface waters and wetlands
downstream from the property. a n
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated froAi the proposed p?oje t,,or aVilable capacity of the subject facility.
XIII. Violations (required by DWQ)
Is this site in vio • ion of DWQ Wetland Rules H 5A NCAC 211.0500) or any Buffer Rules?
Yes No ?
Is this an after-th- act permit application?
Yes No ?
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, accessibil4y problems, or other issues?putside ofPe_ pplicyJ's control). s?
3 16, .
? D
Applicant/Agent's Signature 1 ate
(Agent's only if an aulh??rii..ition letter from the applicant is provided.)
a
. RANDOLPH COUNTY (336) 31&6555
DE'iPARTMM OF PLANNING & DFWLOPMENT FAX; (336) 31"55o
r'i anc .nInh rounty OKIee Building . 775 MCDowall Pcad • P. 0. emt 771
A )*Wro, North Carolina 27204-0771
Mn Corey }:{a ,;, -r
N.C. Di,6.Slnn ,1} "Varer puallty
Water Quality Scctlon
N.C. Department OrEn"ironment and Natural Rcsrnrces
585 VVUUghlo??n ;freer
Winston-Salem, North Carolina 27107
SUBJF:(: I : i?.Indlem,in bake Watershed
edar Rt;n Subdivision, Lr.vr,i (;rtt 1 0%vrl.5hip
nrinll 1 County, N C.
Lear NIC. 1i:?
i1':; " '' l ij'ty - :T) to h our c hil ;lrtr n ; concc'rninF; the status of the above referenced
subdivision <,,: ,i , .i,tt,a o the. stream m huffcr rtllc` of thnet{fianadiemanoptedbyCake WatersBoardhe of d. T County
he state
Cortntmirm .issiorrs
m :ri ne?, mR» 1_, kc Watersticd rulcs were lurlIly d the erfectiv' January 1, 2000. Prior to this date, Randolph County has main ied
general watershed protection rel;rllations within the
zoning cstabllshcci in 1938. R?rncllernan Lake Watershed through county
Randolph County watcr;;hcd regulations in effect prior to January 2000, were decirned to I'rotect the future watershed by restricting lot size and land usc. County
rules did no. rr.srnct the Incation of new road- ,1,?
NCbOT its me<?ttn}, . IonK as those rnnds were approved by the
staf, srutdards for inclustnt; ,n the state rorrri maintenance system.
flpproort,v r• , ,n rr?! phut:; ?.e t11:,u n:r ?.,
I't:rCc1 in t,? Iilr.l Wlilf the State.
A rt-% t oui ;cords indicated th,lt Cedar huh Subdivision, Phase I, bcppLn for the requl;s;i rr ?onmf in October, 1997. The County planning Board approved the proposedg
plan on Noy ?;;,t;,cr 17, 1 ,97, and the Board of County Comrnissioncrs approved the final
Conditional (;s, 1,)ning on December t, 199
clearly indicatcr, ,{ new t:• ablle road would hec nstru tedrin a future Phase or 3 vision plans subdi
and
between lots ntt,7,hercd 12 and 13. The prcli.rninary subdivision plan for Phase 2 3 located
Cedar
Run was apl,rn,.,,,i for re;mning by the County Planning Floard on July 10, 2001, and the
Conditicirtal 1.;, ,,,,n,r,p received final <,;• r?.v. T
At1; a st h• )(;( 31 t r' it t} c' BoF1rd of County Commissioners on
--r(HI r Rff NJIMFf U,- .
r rf n&tu r7•ZJrva,? i 1 n 4 Mnc?}µ1. ' nffV 4rn4: 819 -3555
?.
# , 1
Pope Z
Cedar Run Subdivision
Level Ciposs Towne
Randolph County l and use regulations would consider the location of the new state road
in Phase 2 and 3 as having established a "Vested Right" prior to the formal adoption of the state
mandated RandIcnlnn Lak s Watershed rules. On Uccember 2, 1991, the Randolph County Board
of Commissioners amtri&d the County Zoning Ordinance to allow the establishment of a
"Vested Right" by i; Site `.; pecific Development flan which would be that information and
process required for rc.,oninr• and the issuance of a Special Use or Conditional Use permit. The
subdivision pia-,brnitt .d in 1997 would acct that criteria as it relates to the buffer
requirements fQ,- t)-,- me %v tate road.
This ofxirr. leas formally notified Mr. Christopher Walrond, Cedar Run Associates, that
action must be taken to restore the existing 50 foot buffers along the stream banks (classified as
an Unnamed Tributary to Deep River). We have been assured by Mr. Walrond and his
engineering associates tha . this replanting and stabilization would begin within the week.
Randolph Coivity vould not consider the new state road as falling within these buffer
requirement,
As -ve h,lvr discus sed, Randolph County has actively enforced special watershed
protection rcgul oions sin :c 1988. Our county selected the "low density" option under state
watershed rule, In insure hat development and impervious surface coverage within watersheds
would remain rn nii-R 1. TfLink you and Sonja Williams for twinging this matter to my attention.
I hope our h ill continue to rnvvhor ns we strive to protect water quality for all
our cttt;
If I cwt I'?t `/? ll ilrldlll(?n'1 lll(UI??i,t?Iri?l, n. wC CT'l CVCr be of additional assistance to
the Watel 011:11!',' ?r•,'11'), ??CA``C rl1` not fir"?I?•0I . to 1.111 or ,itop by our office,
5ineerel}'.
Hal John:-,;,n,
Plannin: r: ,
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