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HomeMy WebLinkAbout20021582 Ver 1_COMPLETE FILE_20020930,.?wAr r o ? October 8, 2002 Johnston County DWQ Project #: 02-1582 APPROVAL OF 401Quality Certification with ADDITIONAL CONDITIONS . . And Neuse River Buffer Rules S and J Framing Attn: Steven Junior 308 Glen Bonnie Lane Cary, NC 27511 Dear Mr. Junior: You have our approval, in accordance with the attached conditions, to impact 140 feet of streams/buffers for the purpose of a residential subdivision as you described in your application dated September 30, 2002. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3362, which may be viewed on our website at htt_p://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use General Permit Number 39 when the Corps of Engineers issues it. This approval is also valid for the. Neuse River buffer rules (15A NCAC 2B .033). 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, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA 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 except as modified below. 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) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality 1. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached form and r eturn it to the 401/Wetlands Unit of the Division of Water Quality. 2. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds to notify the state in order to assure compliance for future wetland and/or water impact. These mechanisms shall be put 4% N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). 3. An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC 2B .0233 (5). 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 John Dorney at 919-7.33-1786 or Steve Mitchell at our Raleigh Regional Office at 919-571-4700. Sincerely, Attachments cc: Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office :File copy . Central Files S&EC P.E., Direc Environmental O? ultants, PA 0900 • Fax: (919) 846-9467 NCDENR-DWQ US AWCorps of Engineers Attn: Mr. John Domey Attn: Ms. Amanda Jones 2321 Crabtree Blvd 6508 Falls of the Neuse Rd., Ste. 120 Parkview Building FILE UO"OPY Raleigh, NC 27615 Raleigh, NC 27604 RE: NWP 39 / 401 Water Quality Certification and Neuse Buffer Compliance Woodshire Subdivision Wilders, Johnson County, North Carolina Dear Ms. Jones and Mr. Dorney, ?Inu On behalf of Stephen Junior of S & J Framing (property owner), we hereby request authorization from the US Army Corps of Engineers (USAGE) to use Nationwide Permit 39 to cover impacts to stream channels and wetlands (see attached overall map). We also request written concurrence from the North Carolina Division of Water Quality (DWQ) that the project complies with the 401 Water Quality Certifications associated with Nationwide Permit 39 and the Neuse River Riparian Buffer Rules. A Pre-construction Notification Application (PCN) is attached, which includes an agent authorization form. The project is a 36-lot residential subdivision that consists of proposed impacts resulting, from the construction of a road required to access usable portions of the property that are otherwise isolated from the rest of the property by an intermittent channel. The site is south of the town of Wendell. Specifically the site is located immediately east of Wendell Road (SR 1701) approximately 5,000 feet south of the intersection of Wendell Road and Lake Wendell Road (SR 1716) and about 5,000 feet north of the intersection of Wendell Road and SR 1747. The site is approximately 37.2 acres and is currently forested. Surrounding properties are residential developments, forested or in agricultural use. Please refer to the attached USGS vicinity map, which displays the location of the proposed project. A meeting with Ms. Debbie Edwards of DWQ on 9/9/02 determined that one feature on- site is subject to the Neuse Buffers. The attached impact maps reflect Ms. Edwards' determinations. Charlotte Office: Greensboro Office: Hickory Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive 710 Boston Road Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681 Phone: (704) 720-9405 Phone: (336) 540-8234 Phone (828) 635-5820 Fax: (704) 720-9406 Fax: (336) 540-8235 Fax: (828) 635-5820 k er 30, 2002 ??' roject #: 7279 2N The proposed roadway will not impact any jurisdictional wetlands but will impact 142 linear feet of inter ent channel. Neuse River Buffer impacts will total 9,529 ft2 (6,018 ft2 in zone ll 1 ft2 in zone 2). These impacts are elaborated upon within the attached V'?CN e shown on the attached inset impact maps. The proposed roads, are to access to the entire property. The proposed channel crossing is r it de access from Wendell Road to the eastern portion of the property. Acccs ' th *ority of this subdivision will rely on this crossing. The channel being crossed has,st p slopes and is deeply gullied. In order to minimize the channel impact, the proposed crossing uses a head wall and was designed in a way so that a smaller amount of fill would be needed. This steeper curved roadway will reduce the length of channel impact by approximately 60 feet. The USACE's current policy requires applicants to avoid and minimize wetland and stream channel impacts to the maximum extent practicable and compensatory mitigation to offset unavoidable losses of waters of the US when impacts exceed the requirements for notification (0.10 acre). The proposed road is necessary to access the entire property, as discussed above. Because the applicant has minimized impacts to the maximum extent practicable and will maintain riparian buffers on the remaining sections of channel as per the Neuse River Buffer ru1,a,4.5, iEC believes further compensatory mitigation should not be required b.y the NC-DWQ's current policy does not require wetland or stream mitigation for perennial stream channel impacts below 0.1 acre and 150 linear feet per project. Because there are no proposed impacts to perennial channels and no wetland impacts are proposed, we do not believe that wetland nor stream mitigation should be required by NC-DWQ. Please note that following construction the site will contain less than 30% impervious surface. Because wetland impacts are below 0.1 acres and because impervious surface will be less than 30%, we do not believe that this project requires a pre-approved stormwater plan. Please call if you require any additional information or have any questions. Sincerely, Sean Clark Environmental Scientist Attachments: Pre-construction (PCl) notification form USGS Site Vicinity Map Wake County Soil Survey Site Vicinity Map Impact reference map and larger-scale inset map Agent Authorization form Check for $275 for 401-processing fee Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ® Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII 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 a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information Owner/Applicant Information Name: S and J Framing Attn: Steven Junior Mailing Address: 308 Glen Bonnie Lane Cary, North Carolina 27511 Telephone Number: (919) 388-7079 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: Sean Clark Company Affiliation: Soil and Environmental Consultants Mailing Address: 11010 Raven Ridge Road Raleigh North Carolina 27614 Telephone Number: (919) 846-5900 Fax Number: (919) 846-9467 E-mail Address: sclark@sandec.com Pagel of 8 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: Woodshire Subdivision 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 1781-93-5714, and 1781-94-5279 4. Location County: Johnston Nearest Town: Wilders Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): The site is south of the town of Wendell. Specifically the site is located immediately east of Wendell Road (SR 1701) approximately 5,000 feet south of the intersection of Wendell Road and Lake Wendell Road (SR 1716) and about 5,000 feet north of the intersection of Wendell Road and SR 1747. _ 5. Site coordinates, if available (UTM or Lat/Long): Impact 1: 35° 42' 40.29" N. 78° 21' 41.27" W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 37.2 7. Nearest body of water (stream/river/sound/ocean/lake): UT to Buffalo Creek. 8. River Basin: Neuse (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/mUs/.) Page 2 of 8 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Currently, the site is forested. Surrounding properties are residential, forested or in agricultural use. 10. Describe the overall project in detail, including the type of equipment to be used: The site will be developed for a proposed 36-lot subdivision. 11. Explain the purpose of the proposed work: The purpose of this work is to provide access from Wendell road to the southeastern portion of the property that would otherwise be inaccessible due to the unnamed tributary of Buffalo Creek bisecting the property. 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. A meeting with Ms. Debbie Edwards of DWQ on 9/9/02 determined that one feature on-site is subject to the Neuse Buffers. The attached site plan reflects her findings. 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. At this time, future impacts are not known to be required. 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 3 of 8 1. Provide a written description of the proposed impacts: The proposed impacts for this 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** yes/no Distance to Nearest Stream linear feet Type of Wetland*** NA NA NA NA NA NA * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mecharized 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 Insuiance 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 httn://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.) 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: The wetlands on prop r were not delineated, therefore the total acreage of wetlands is not known. Total area of wetland impact proposed: 0 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? leasespecify) 1 Culvert/Fill 140 UT of Buffalo Creek +/- 4' Intermittent * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated riprap, 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.usgs.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com www.mMuest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 140 Page 4 of 8 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 of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. N/A N/A N/A N/A N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, 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 ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The purpose for the proposed impact is to provide access to the higher eround on the property that is cut off by the unnamed tributary of Buffalo creek. Access for the majority of this subdivision will rely on this crossing. In order to minimize the channel impact, the proposed crossing uses a head wall and was designed in a way so that a smaller amount of fill would be needed. This steeper curved roadway would reduce the length of channel impact by approximately 60 feet. 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 Page 5 of 8 freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at h V://h2o.enr.state.nc.us/ncwetlands/stnngide.html. 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. NA Buffer impacts are less than 1/3 of an acre and stream impacts are to an intermittent stream and are less than 150 linear feet. 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 htip://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): NA Amount of buffer mitigation requested (square feet): NA Amount of Riparian wetland mitigation requested (acres): NA Amount of Non-riparian wetland mitigation requested (acres): NA Amount of Coastal wetland mitigation requested (acres): NA Page 6 of 8 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 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 (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 be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .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 6,018 3 NA 2 3,511 1.5 NA Total 9,529 NA * 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. Page 7 of 8 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. NA No buffer mitigation should be required. 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 property. Impervious surface on the site at present is none being that it is forested. The proposed subdivision plan will only have approximately 12% impervious surface. XII. Sewage Disposal (required by DWQ) 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. All of the houses in the proposed subdivision will utilize individual on-site septic systems for wastewater disposal. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact 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, accessibility problems, or other issues outside of the applicant's control). avz? September 30, 2002 Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 ?IV si?. jo /. i . 32 11 m - n 4 b,ti. II it .O 1 "D u n ?( ? •1 O m 0 174 34 = 3 7 ry II \\ " c 0 O rO O ) 11 111 ? . ?? Q? •. 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