HomeMy WebLinkAbout20021317 Ver 1_COMPLETE FILE_20020819
September 13, 2002
CERTIFIED MAIL: 7002 0860 0007 8093 0048
Return Receipt Requested
Mr. Mike Greene
Greene Properties, LTD
3400 Eastway Drive
Charlotte, NC 28205
SUBJECT: APPROVAL of 401 Water Quality Certification
Greene Properties
DWQ Project # 02 1317
Alleghany County
Dear Mr. Greene:
You have our approval, in accordance with the attached conditions (WQC # 3362), to
discharge fill material into 80 linear feet and impound 75 linear feet of an Unnamed Tributary to
Meadow Fork Creek, Class B Tr + waters, New River Basin for the purpose of constructing a pond
and road crossing. The activity must be conducted as indicated in your application received by the
Division of Water Quality on August 19, 2002.
We have determined that General Water Quality Certification Number 3362 covers this
activity. For this approval to be valid, you must follow the conditions listed in the attached
Certification. Please pay special attention to Condition Numbers 8, 9, 10, 15, and 16. This
Certification allows you to use Nationwide Permit Number 39 when issued by the US Army Corps
of Engineers.
Please keep in mind that there may be additional Federal, State and Local regulations
applicable to your project, such as the Sedimentation and Pollution Control Act, Non-Discharge and
Water Supply Watershed Regulations, whereby you may be required to obtain permits and/or
approvals prior to beginning your project. In addition, this approval will expire when the
accompanying 404 Permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purposes and designs that you described in your
application. If you change your project, you must notify the Division in writing and you may be
required to submit a new application for a new Certification. If the property is sold, the new owner
must be given a copy of the Certifications and approval letter and is thereby responsible for
complying with all conditions.
If total wetland fill for this project (now or in the future) exceeds one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506(h).
02 1 3 17
Page 2
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 from the date of receipt of this letter. To
request a hearing, send a written petition that conforms to Chapter 1508 of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC
27699-6714. This Certification and its conditions are final and binding unless you request a
hearing.
This letter completes the review of DWQ Project #02 1317 by the Division of Water Quality
under Section 401 of the Clean Water Act. If you wish to review any of the Water Quality
Regulations mentioned here, you can download a copy through the 401/Wetlands Unit web site at
hgp;//h20.enr.state.nc.us/ncwetlands. If you have any questions, please contact Mrs. Jennifer Frye at 336-
771-4600, ext. 275 or Mrs. Cyndi Karoly at 919-733-9721.
Sincerely,
Alan W. Klimek, P.E.
Attachments: GC # 3362 (3/18/02), COC
cc: 'rim Smith, Asheville Regulatory Field Office, USACE
Wetlands/401 Unit Central Office
Central Files
WSRO
Triage Check Ust
6 To: ?RRO Steve Mitchell
?FRO Ken Averitte
[]WaRO Deborah Sawyer
?WiRO Joanne Steenhuls
w__21WSRO Jennifer Frye
?ARO Mike Parker
Project Name r' 'er-ew-e
DWQ Project Number d-"41 3iy
County g_Z'44 ?
UMRO Pete Colwell
From: ? ohm ??,,•??s.? Telephone (919)
733- A?V
The file attached is being forwarded to you for your evaluation. Please call if you need
assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USGW topo maps
SVinimization/avoidance Issues
? Buffer Rules (Neuse, Tar-Pamilco, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concems
- Comments
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Office Use Only: Form Version May 2002
Cir,ll1att?wi 21 USACE Action ID No. ; DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or
1.
II
Processing
1. Check all of the approval(s) requested for this project:
v' Section 404 Permit ?
? Section 10 Permit ?
E401 Water Quality Certification
Riparian or Water 'bra uffer Rules
Isolated Wetland Pet'init' i'rom DWQ
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: IP/P
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 VIII and check here: P/P
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: [pit)
Applicant Information
1. Owner/Applicant Informatio
Name: C?reew? ?roqa,-tle_S )--1
Mailing Address: 1 D
r 1n(a,room L /J. 1 2S^? D
Telephone Number: 70? ?; 6, - 3qy-( Fax Number:
E-mail Address: M) u rr.?>?z. &s ?O G,J rlnsr?. r ,•?,-?
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: e I I /I
Company Affiliation: - / I
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
Page 5 of 12
III. Project Information
4
5
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: ?r r r.
2. T.I.P. Project Number or State Project Number (NCDOT Only): A)/e
"' 1172 -i q
3. Property Identification Number (Tax PIN): ') .2
Location i
County: c? W Nearest Town:___ a U nz- ( s
Subdivision name (includ phase/lot number): AJI /t+
Directions to site (include road numbers, landmarks,,etc.): - ^ we N w'
6. Property size (acres):i
7. Nearest body of water (stream/river/sound/ocean/lake): Uiv kX) )W J
8. River Basin:
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littL_//li2o.enr.StatC.nc.uti/admiii/ma s/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: 11 e. ! o 6'e--J siov-c- &I "J
Page 6 of 12
Site coordinates, if available (UTM or Lat/Long): X"= I a3?1, 331 q`7 Z, tI GC
(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.)
10. Describe the overall project in detail, including the type ofequipment to be used:_
Lai 'l9i?f ?b Q l? ,?'
SS +J -f-- 4 way
rv
11. Explain the purpose of the proposed work: I?caut trv?v ?ur? ???{
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.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
hJnjUC-
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.
Page 7 of 12
1. Provide a written descrip ion of the proposed impacts: ?y i IC? S (V)/,1, f r M
f vo '1, ,Z G
2. Individually list wetland impacts below: /L'/P
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.
** 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.1ema.go\,.
*** 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 be 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 Impact Perennial or
Intermittent?
(please secif )
0 f-1 V .,I f Pe rv- av
'z Q (?
T
iJ
ryruli.
i C- lea oo `
l
3
v?.t wicc
* 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),
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
wwwmsks.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozonc.com,
www.nut (ticst.coni, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:_ I')
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres)
Name Wat)
(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: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
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 application.
Pond to be created in (check all that apply): ? uplands PT stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): 0P ft V1% e Proposed use or purpose of pond (e.g., livestock watering, irfaigation, aesthetic, trout pond,
local stormwater requirement, etc.): I ?' t^ i gri;,f 1 *u"' , et t .'f L
Size of watershed draining to pond:_ &_ Expected pond surface area: ®, ?, c ? S
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
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
techniques to be followed during construction to reduce impacts.
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.cnr.state.nc.us/ncwetiands/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.
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 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):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
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 o 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 Er
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) rV//!-}
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
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ? 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
1 3
2 1.5
Total
Lone i extends out JU feet perpendicular from near bank of channel; Zone 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 213 .0242 or.0260.
XI. Stormwater (required by DWQ)
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 nronerty.
XII.
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 (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes Qr No ?
Is this an after-the-fact permit application?
Yes La"' 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, accessibility problems, or other issues outside of the applicant's control).
'?k-)
Applicant/Agent's Signature i Dale
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
Sewage Disposal (required by DWQ)
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SMALL DAM
GREENE PROPERTIES
ALLEGHANY COUNTY
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