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HomeMy WebLinkAbout20021898 Ver 1_COMPLETE FILE_20020129O? F W ATF19 Michael F. Easley Governor C%j r William G. Ross, Jr., Secretary =1 Department of Environment and Natural Resources C `C Alan W. Klimek, P.E., Director Division of Water Quality Date: January 15, 2003 Michael S. Dickens P.O. Box 457 Farmville, NC 27828 Subject Property: Dicken's Property, Lot 188, Captain's Cove, Washington, NC Broad Creek [03-03-07, 29-10-(3), SB NSW] APPROVAL of Tar-Pamlico River Buffer Rule AUTHORIZATION CERTIFICATE Dear Mr. Dickens: DWQ Project No. 02-1898 County: Beaufort Page 1 of 2 You have our approval to impact 5,500 ft2 of Zone 1 and 3,600 ft2 of Zone 2 of the protected riparian buffers for the purpose of constructing the drainage improvements as described within your application dated November 18, 2002. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) 404 Wetlands Permits, 401 Water Quality Certifications, Erosion and Sediment Control Permits, CAMA. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this authorization and approval letter and is thereby responsible for complying with all conditions. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 213 .0259. If you have any questions or would like a copy of the buffer rules, please call (919) 733-1786. This letter does not authorize any impacts to either Waters of the United States or Waters of the State. Please contact the US Army Corps of Engineers (USACE) or NC Division of Water Quality (DWQ) if any impacts are proposed to either of these waters. Sincerely, Cc: DWQ Washington Regional Office File Copy Central Office North Carolina Division of Water Quality, WETLANDS / 401 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/ MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: tom steffens WO Supervisor: Roger Thorp e - Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Michael S. Dickens Project Number 02 1898 Recvd From APP Received Date 12/9/02 Project Type residential land fill Recvd By Region Certificates Permit Wetland Wetland Wetland Stream Type Type Impact Score Index County Beaufort County2 Region Washington Stream Class Acres Feet Prim. Supp. Basin Req. Req. Stream Impacts (ft.) E E TPBR Buffers O Y _0N ? 29-10-(3) F _F SB NSW 30,307. -021F- F_ F- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/Cond 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Issue n/c cc: Regional Office Central Office Page Number 1 Facility Name Michael S. Dickens County Beaufort Project Number 02 1898 Comments (continued from page 1): Regional Contact: tom steffens Date: cc: Regional Office Central Office Page Number 2 Triage Check List Date: Project Name: 2? DWQ#: 6D - I ?' S! Pa?,? F- County: To: ? ARO Mike Parker _EA-WaRO Deborah Sawyer ? FRO Ken Averitte ? WiRO Joanne Steenhuis ? MRO Mike Parker ? WSRO Jennifer Frye ? RRO Steve Mitchell From: Telephone : (919) 7 3 3 - ? The file attached is being forwarded to your for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination ? Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, 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 concern Comments: ids ?1? K 1 _e c ??'Y? ? ?/ dill'. Wd"Gw. XiduwGy gie"wd 1-jo w? q't? , aimtW&,, A&W11t W441.al 27828 252- 753-2377 az 252- 753- 74/f9 '.r Dear Sir or Madame, We are requesting permission to bring dirt onto a residential lot, with a mobile home already in place. We have recently had a bulk-head installed, and were able to backfill the approved 15 feet, which has left the center of the lot at a lower level, allowing water to stand after heavy rains, or extra high tides. The lot size is under one acre. After dirt is brought in we will landscape the property using native grasses, shrubs, and trees. Thank you for your consideration in this matter. Sincerely, J Office Use Only: Version May 2002 Form 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 Chock all of the approval(s) requested for this project: Y 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: 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: V II. Applicant Information 1. Owner/Applicant Information Name: M ,1, -e-1 S. D: e kv NS' Mailing Address: P C. L3?? kS7 IV 17$2 Telephone Number: .19 .2 - 753- a3 77 Fax Number: Sµn E-mail Address: /&,,,k?tis (?,.{.k i.-#, V-- ,V-4,+ 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: Mailing Address: Telephone Number: Fax Number: E-mail Address: III. Project Information Attach a vicinity map clearly showing the location of the property with respect to A 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 I I 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. 1ri_, Name of project: c kc?5 !'rotor-ir ?X 2. T.I.P. Project Number or State Project Number (NCDOT Only):? l 3. Property Identification Number (Tax PIN): D _ ?ZA 60 4. Loca ion County: gr,,AKK , 4- Nearest Town:,, Subdivision name (include phase/lot number):s Directions to site (include road numbers, landmarks etc.): r3UNYRN Ft2i bVc r2 5m21? r- als' f_E15T PWsT W?S41ln?-(ZrJ (rFIT(1 (-,N t LLCt0,X- ?T? Ur1 CJO1C F?,a LOr lJ?p l.tr15 Col)L IZU[_. ?( C', ? }CG ?cILrEV? 3e.c, r- ru c} ic'. 5. 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.) Property size (acres): "SO 7. Nearest body of water (stream/river/sound/ocean/lake): 91-04 %6( 8. River Basin: cv (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/map, 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application:-T-F,; s ? s (t. re-s; &n-1' J1 ?40- cD1-&;lt gore Q ce-c,,dtl in p(a.u-, . Thur-?,- Care nor homE!? r1 ? best IS Curr2n?{? lUu? Lo-,4n poo-- dL? Amik in 4V C?1y?er? olut.4-e) IL rec.en?-(y ?n5(2l(??2 C-?Atkhakd !A? ISIS -4 BAC.kFttt +v\k r,L,tkv\kcL& h&5 o;.lrec,-d" wk.n C&')o-. 10. Describe the overall project in detail, including the type of equipment to be used: .r C_& 4e) bk breucJ.k-? 4-<) c?-U-oa e- U,-v CA -Wkc. „ "XWrcr+U- Sra, rxe,gc... A bA O,- ho ?u Li,l l hcw i. lac. u-:c-ot 3 11. Explain the purpose of the proposed work: i c, 4 CCA ?4 4-, ,?o -`-\ ?- cant a r anclt6,?c4.ur ?clc5 wall &c6n cA off' ?? .?OuuQ nv- LULL- a.rQezb Ir" .u,"C crln r U? ?.tu, ; 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. 6,-r?1; 4? 6ia-3i (;c.<1/-,he&C,(1 il?EU?kc' ?n/O/ACe 4 4G-P-- 3:2-i-o -[i 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 currnj application. 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. Provide a written description of the proposed impacts: No tmPA& 2. Individually list wetland impacts below: Wetland Impact Sit?_ Number (indicate qn map) 4 Type oflmpacf* Area oflmpact (#res) Located within 100-year Floodp aiii** (yeshno> Distance to Nearest Stream Y (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 httl2://www.fenia.iaov. *** 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: 0 Stream Impact Site )`lumber (indicate on map) I Type of Impact* jength ofImpactl (linear feet) L Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) ? I * 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 www.uses.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.coni, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 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 §ite Number (indicate on map) Type of Impact* Area of Impact (acres) Name ofWaterbody (if applicable) Type of Water-body (lake, pond, estuary, sound, bay, ocean, etc.) GP-3/ass-8 .y ftr ?cCIkJ7C? ?- %l?ea' 7101,E Uf'- 3,?Cv 15--(3 -oj; 4 <o /gar,- - l?e? l y R(a? * List each impact separately and identify temporary impacts. Impacts include, but are not limited to'11111- 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 S 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.): A-'A Proposed use or purpose of pond (e.g., livestock V2 t ring, 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. 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. 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 httl2://h2o.enr.state.nc.Lis/newetlands/stnnP-ide.html. 6 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 co s tr ction. 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): /(Q Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres):-&A Amount of Non-riparian wetland mitigation requested (acres :V4_ Amount of Coastal wetland mitigation requested (acres): V/ 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 v/ 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 enviro ental documentation. Yes WNP 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 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 RequiredNfitigatJon L Z _ -- - I.?- -- ? 'fotal l? c? _ ? * ZoneTextends out -30 fee perpend ccularfrom near-Eank of c-hannel,• one 2-extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 21?_ .0,242 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 property. Th'i f) c 5 ct a i l rZ F 0.m l o? 1 1 c ?,? i 0+- w( CL meW i Ut_ V-)o rYik c )n L(A i ze 5 un cLcr ?nsz c? u? . }Jo 1 nnpOs?s o ur c? Loa_kc?, Cznck LLJAa -,dz? 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. I,XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any 19 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, acF gibility problems, or other issues outside of the applicant's control). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) ?:,, W., -- ? ` ? y ???;: -w "-. -?wi> .? ? y +?..-+ .a.?c . t -'. _. _ ... .?? r .W?, _" ?4 ?YMyy..F =amp 4 C+ .. 5%$,7L?V? 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