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HomeMy WebLinkAbout20061947 Ver 1_401 Application_20061206U~CC USC Only: Form Version May 2002 USACE Action ID No. DWQ No. 2 0 0 6 1 9 4 7 ~u any parncwar item ~s not app~icable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ ^ Section 10 Permit ^ ^x 401 Water Quality Certification 1 +~~ `// ~~ ~ f t t~~~ __i~ RECEIVED Riparian or Watershed Buffer Rules Isolated Wetland Permit from DWQ 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 27 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: ^ S. 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), ch D ~~[~., ~~~ II. Applicant Information ~ ~i D DEC 2 1 2006 1. Owner/Applicant Information Name: Grover Edwards pENR -WATER 4UALITY Mailing Address: h~~ v; n~Pnr r,ar,P Henrico, North Carolina 27842 Telephone Number: (252) 537-1765 Fax Number: (252) 537-1059 E-mail Address: 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: _. B & B con >> tar,rs, Tn Mailing Address: P. 0. Box 429 212 E. Ferrell Street South Hill, Virginia 23970 Telephone Number: (434) 447-7621 Fax Number: X434) 447-425"J E-mail Address: bandb@bandbcons com Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Spring Garden Estates 2. T.I.P. Project Number or State Project Number (NCDOT Only):. N/A 3. Property Identification Number (Tax PIN): 0108113 4. Location County: Northampton Nearest Town: Henrico, North Carolina Subdivision name (include phase/lot number):spring Garden Estates, Phase 17 Directions to site (include road numbers, landmarks, etc.): see attached 5. Site coordinates, if available (UTM or Lat/Long): 36° 31' 51"N, 77° 50' 19"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): 6.25 +/- Acres 7. Nearest body of water (stream/river/sound/ocean/lake): iTnnamcr~ Rranr~h ~~ 7immi.e' G Creek/Lake Gaston 8. River Basin: Roanoke River Basin (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/m~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: Phase 17 consists of 7 residential lots within an existing subdivision, frontin u n an existing gravel street, Wh1Ch CrOSSPS a Rma~ ~ ct'roam c~i ~ (71 „~~.a..r..,-,~,. t.i .._i_ ._i __~_ _ __ __ (12" and 15" Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: See attachment 11. Explain the purpose of the proposed work: APP ~PCt; on ZZT , Project Information, 10. 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. All previous permits were typical erosion and sediment control anc~ construction Hermits through Northampton County. 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. Unknown 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 description of the proposed impacts: Sao Sect inn ITT , Project Information, 10. 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** (es/no) Distance to Nearest Stream (linear feet Type of Wetland*** N A * 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 h_p://www.fema.eov. *** 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: 0.0 Acres Total area of wetland impact proposed: 0.0 Acres 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? leases eci ' N Name 12" Intermittent 1 Step Pool. 80' No Name 12" Intermittent ' N 12" Intermittent * 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 betbre 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 tlows. USGS maps are available through the USGS at I-800-358-9616, or online at w~-w.uses.eov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, wtivw.mapguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 420 LF 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 m T e of Im act* ~ p Area of Im act p acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, ba ,ocean, etc. * 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 N/A If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stotmwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area:_~~/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. Two existing inadequate (12" & 15") culverts are being replaced with an adequate culvert(s) on an augument that minimizes stream impact (G a a.h d d awin~Gl VIII. Mitigation DWQ - [n 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 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.enr.state.nc.us/newetlands/strm ~ide.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. N/A 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): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N A Page 10 of 12 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federaUstate) 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 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No Q 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 s uare feet) Multiplier Required Miti ation 1 3 2 1.5 Total ' 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 11 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. N/A 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. N/A 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. 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). N/A Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 Attachment Sheet III. Project Information 4. From I-95: - Take Exit 146 onto Hwy 46 west. - Travel approximately 12.Smiles - Turn left onto River Road - Trave12.8miles - Turn left onto Spring Gazden Road - Trave10.1 miles and arrive at site. 10. A storm event of unusual magnitude occurred on Lake Gaston, in the azea of Spring Garden Subdivision. An existing 15" plastic culvert that routed existing Spring Gazden Lane, a private, graveled road, over an unnamed branch of Jimmie's Creek, did not have sufficient capacity to pass the resultant storm flow and it overtopped the road. Just prior to the storm event, a public water line was in the process of being installed on the west (downstream) side of the road. When the road was overtopped, the storm flow washed the disturbed soil from the waterline installation into the stream creating sedimentation within the stream bed as well as erosion where the over-flowing waters re-entered the stream west of the road. The Spring Garden Stream Restoration Plans is presented as a response to the environmental degradation caused by this storm event. Its goals aze three-fold, first to stop further ongoing erosion and sedimentation by stabilizing the site. Then, to preclude to the greatest extent practical, the re-occurrence of such road over topping , by the installation of a hydraulically adequate culvert, and finally to clean-up and remove event relocated debris from jurisdictional azeas and return them to "pre-culvert- failure" conditions. All the proposed work shall be done with an excavator, or back hoe, and by hand.