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HomeMy WebLinkAbout20020577 Ver 1_401 Application_20020114Name; 11010 Raven RiCg+c Ruud R.ylci,,Mi. North ~:m-oluw 2)616 www.SunJEC.ocm caoxisultants, PA Plloita: (9i9) 846.5900 Faz: (414) Y4C-94G7 AG~~IT' AUTHQItI~ATION FORM All Blank9 To $e Filled B The C 1"t'~t1t Landowner Address; ~$$g .a r~j9fl7~, 1'ro]ect Name/bescrlption 17FJ"~~ 1., ~/~~/l/ G, ~~ pl The Department of the Army ~•s• Army Carps of EJ:tgineers, W~mingtare bistrict 1'.b.13ax 1890 Wilmington, NC 284D2 ~~~ ~: Re: W~attds Related Consulting and Permitting To Whom Tt May Concern; T, L`-e cuxrettt ~~eY owner, hereb deli art nn my behalf as my agent in tite proce~ ma Uand aatlioxizk Soil dk btvirotlaumt~ Consaltants, PA to ~PP~erltal information in su rt of a lica~P~'n.1if alyPlicaiiors, to fnrnigh upon = t +~~_ V 2 CJ p~_ PPo PP ns, etc. froez+ this dey for+wud. The -~~ daq of This nQti.Eieatian suporsades any pre27ous cones and P ~ ancenvng the tigent for this prgect, NOTtCE; This authoxizatiaA, for liab~i government of£~'ic3a7s to enter the ra ~ and Pra!`essialxal courtesy =+zasans, is valid only for to axraage a s~t4 meeting px3or to vlxip~ When a`ccamp~ed by S&EC staff. Yog should call Sdt)rC Liag the site. nt Prepe!-ty Qwiui's Name a. iVlr, john Dorney NC.DENR - UWQ 2327 Csabb'ee Boulevard Raleigh, NC 276pg ChaMe_~Q f6a~., PMTS 291, 3tl20-I Prosperity CAueeh )toad ~'~: (704) 72QSr4p6 . Property 4wnei's 5lgnariu~e cc: Mr. Kevin Martltt Soil dt P.aRVirarunentaI Consulca:tts, PA 3JiI7-E l.awnd,le Drive ~.1VG' 27455 Phone: (336) 34()_R234 Fux: (336) S44-JJZ3g j~icvnry 410 Boecor: lta~d T&ylotxvllle, ADC Y6vB't 1'hono (d:Y) 6355820 I~x: (828) 63x5810 6 „ "~ ~ 101 . ~ , „ 11 ~ / II ~I _ O sl p 87 111 ,,, 1 4 11 _ _ / •, u , , _ I 11 4 1 o i . ~_ ;' `;, ,; ~ ~czo / ~ ~ I U J O l~~r 1 O 0 `• u ~ s~ ~ ~ p Ir ~ J ~~ 1 I ~ ~. u /'1 p ,11 Kira I 35p a, w~~-. 11 !~~%1 11 00 • L >rinth 1 \II O II M g BB \\ 11 ~ t z • •Ch ` 11 O~ 10~~~..~ \` ~` -~ T T ~`: ~ w~ ~' `b ,, s u ~ G . ac n a , ~ --~ it ~ ~ ., -n ~ _ _ ~ 1~(./// 1 / ;fr, ~ D 1 • '.a F c .. 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UGC : , Z< > 7 Q W ~ a CJ.. r O O O N ,n z ~ 3 W e J Q u N o N X O a a a a z 0 w ~ ~ a ~ ~ ~- w H JU_ Z ~> W _U ~WF~ QZ;'W LLOZX OF-~W Z>~Q W~W~ ~WLL] N O ~ZOJ QO~~ dU U W_J ~ O 11 u~ N W 7 ~ Q F- N FIGURE 2 'r' ~~r~RS ~ ~ SOIL. SURVEY Fi~Lb ~H~~7- C~7' ~x~ ~- ~~~~~ pCi 1'p" .~:. ''C Pre-Construction Notification (PCN) Application Form For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USAGE) Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's (DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water Quality. This form should not be used if you are requesting an Individua1404 Permit or Individua1401 Water Quality Certification. The USAGE Individual Permit application form is available online at http://www.saw.usace.army.mil/wetlands/Perm app.htm. The USAGE is the lead regulatory agency. To review the requirements for the use of Nationwide, Regional or General permits, and to determine which permit applies to your project, please go to the USAGE website at http:!/www.saw.usace.army.mil/wetlands/re our.htm, or contact one of the field offices listed at the end of this application. The website also lists the responsible project manager for each county in North Carolina and provides additional information regarding the identification and regulation of wetlands and waters of the U.S. The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant which 401 Certification will apply until the 404 Permit type has been determined by the USAGE. Applicants are encouraged to visit DWQ's 401lWetlands Unit website at http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The applicant is also advised to read the full text of the General Certification (GC) matching the specific 404 Permit requested. In some cases, written approval for some General Certifications is not required, provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the Internet should contact DWQ's Central Office in Raleigh at (919) 733-1786. Trout Waters Coordination -Special coordination with the North Carolina Wildlife Resources Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC regional coordinator (listed by county on the last page of this application). Page 1 of 12 CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on the last page of this application) the applicant should also contact the North Carolina Division of Coastal Management (DCM) at (919) 733-2293. DCM will determine whether or not the project involves a designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate the 404/401 Permits. USACE Permits -Submit one copy of this form, along with supporting narratives, maps, data forms, photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this application). Upon receipt of an application, the USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant to address information needs for all USACE Nationwide, Regional or General permits, as well as information required for State authorizations, certifications, and coordination. Fully providing the information requested on this form will result in a complete application for any of the USACE Nationwide, Regional or General permits. To review the minimum amount of information that must be provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893 (March 9, 2000), available at http://www.saw.usace.army.miUwetlands/nwpfinalFedRe~pdf. Processing times vary by permit and begin once the application has been determined to be complete. Please contact the appropriate regulatory field office for specific answers to permit processing periods. 401 Water Quality Certification or Buffer Rules -All information is required unless otherwise stated as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If written approval is required or specifically requested fora 401 Certification, then anon-refundable application fee is required. In brief, if project impacts include less than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee. of $475 is required. A check made out to the North Carolina Division of Water Quality, with the specific name of the project or applicant identified, should be stapled to the front of the application package. For more information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be attached with the application unless the applicant is a federal agency in which case the check may be issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules, the application fee does not apply, and the applicant should clearly state (in a cover letter) that only Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application fora 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional requested information, or denial. Page 2 of 12 Memorandum To: John Dorney ~` From: John Hennessy ~ ;1~ 1~' v' Date: June 10, 2002 Re: Tardy Projects List of Recommendations Dove Landing, DWQ No. 020577 Regional Office was busy having surgery. Debbie was unsure what to do. I reviewed and recommend issuance with following conditions: • High Quality waters sediment and erosion control BMPs • No impacts until WRP submits acceptance of mitigation (or other mitigation package approved by DWQ) Westbrook Mitigation Site, DWQ No. 002569 Regional Office was busy having surgery. Debbie was unsure what to do. I remembered that we discussed this site already. As such, you know the history. I, therefore, officially pass the buck to you. N FYI, I reviewed the stream restoration data. It looks pretty good. However, there is probably time for Todd to review prior to issuance. c:\john\tardy reports\032502.doc North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary July 11, 2002 Mr. Sean Clark Soil & Environmental Consultants, PA ~ ~~ 11010 Raven Ridge Road Raleigh, North Carolina 27614 ~~ - ~~~=~ ~_ ~ i Subject: Project: Dove Landing County: Franklin ~ ~:7 .~~ ~~ NCDENR ~e; :. r s Z~c? The purpose of this letter is to notify you that the North Carolina Wetlands Restoration Program (NCWRP) is willing to accept payment for stream impacts associated with the subject project. Please note that the decision by the NCWRP to accept the mitigation requirements of this project does not assure that this payment will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401 Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCWRP for impacts associated with this project is appropriate. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. Based on the information supplied by you in a letter dated June 12, 2002, the stream restoration that is necessary to satisfy the compensatory mitigation requirements for this project is summarized in the following table. The maximum amount of mitigation that the NCWRP will accept for this project is also indicated in this table. Stream (linear feet) Wetland (acres) Riparian Buffer (ft2) Im act 215 ivliti ation Maximum 430 The NCWRP will provide mitigation with an approved combination of stream restoration, enhancement or preservation. The stream mitigation will be provided as specified in the 401 Water Quality Certification and/or Section 404 Permit for impacts associated with the subject project in Cataloging Unit 03020201 of the Neuse River Basin. The mitigation will be performed in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998. . If you have ary questions or need additional information, please contact Crystal Braswell at (919) 733-5208. Sjs~s~erely, ,/ i ~R`/odnal~d E. Feri-ell, Program Manager cc: Cyndi Karoly, Wetlands/401 Unit John Thomas, USACOE Steve Mitchell, RRO file Wetlands Restoration Program 1619 Mail Service Center (919) 733-5208 Raleigh, NC 27699-1619 Fax: (919) 733-5321 Oti vv~lC9 \o~,r`""`~~~ ~ i~ > 1 O '<' June 12, 200= Franklin Count DWQ Project #: 02-057- APPROVAL OF 401QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AND NEUSE RIVER BUFFER RULES Mildred Carter 1889A Tarboro Road Youngsville, NC 27596 Dear Ms. Carter: You have our approval, in accordance with the attached condition, ~-: ~ :hose listed below, to impact 0.1 acres of wetlands, 215 linear feet of streams and 18,295 acre of stream ~ _~~r~ for construction of the Dove Landing subdivision at NC 98 and SR 1101 and Owl Drive as you desc=`~~ in your application dated April 12. 2002. After reviewing your application we have decided, this fill is ca-. ~-_ ~~ General Water Quality Certification Number 39. This certification allows you to use Nationu;a~'ermit Number 3362 when the Corps of Engineers issues it. This approval is also valid for the Neuse River b~-_: rules (15A NCAC 2B .033). In addition, you should get any other federal, state or local permits before .. ~ ~ ~.~ ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal S*.~.--:~:•ater, 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 ce~-~d in your application except as modified below. If you change your project, you must notify us and yo: ~:~~. be required to send us a new application. If the property is sold, the new owner must be given a cop. ~` this Certification and approval letter and is ihereby responsible for complying with all conditions. If total ~ie_~nd fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as des:r;axd in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide P.:-::-~~t expires or as otherwise provided in the General Certification. For this approval to be valid, you must foll_~.~.:he conditions listed in the attached certification and any additional conditions listed below. Deed notificati.~~_ or similar mechanisms shall be placed on all remaining jurisdictional wetlands and waters to notify the s:::_e in order to assure compliance for future wetland and/or water impact. These mechanisms shall be put in t:'~~~ ~.=.ithin 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). Michael F. Easley, Gc.=-~_. William G. Ross Jr., Se:;--~-. North ~_-_ -a Department of Environment and Natural Res= __. -__ Alan W. Klimek, P.E., D.•%-_~ Division of Water Gam: -. Deed notifications or similar mechanisms shall be placed on a' r~,,~:~ining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds to notifi- t'te ,.~Le in order to assure compliance for future wetland and/or water impact. These mechanisms shall be p'.:.n place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). 2. Stormwater shall be directed to flow at non-erosive velocities acr:-~~ the entire protected stream buffers. 3. Compensatory stream restoration is required at a 1:1 ratio for tl-,e :rnpact to 215 feet of streams. DWQ must be copied on a stream restoration plan (use of WRP is accep:~~':~ if they agree). Written approval of this plan is required oefore stream impacts occur. >~~~~ IU C7Eh' 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 4. 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 return it to the 401/Wetlands Unit of the Division of Water Quality. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. ~'ou 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 1-Iearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certificatiun and its conditions are final and binding unless you ask fur a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the CIean Water Act. If you have any questions. please telephone John Dorney at 919-733-17>6 or Debbie Edwards at our Raleigl, Regional Office at 919-~ 71-4700. Sincerely, Attachment cc: Corps of Engineers Raleigh Field Office Raleigh D~'~'Q kegional Office File copy Central Files Raleigh Division of Land Resources Sean Clark; Soil and Environmental Consultants Ron Ferrell, W etland Restoration Program )i ct r FILE COPY Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 Phone: (919) 846-5900 Fax: (919) 846-9467 www.SandEC.com r y/ J '"' NCDENR-DWQ Attn: Mr. John Dorney 2321 Crabtree Blvd. Suite 250 Raleigh, NC 27604-2260 April 12, 2002 ~ • S&EC Project #: 01-6409 US Army Corps of Engineers Attn: Mr. John Thomas 6508 Falls of the Neuse Road Raleigh, NC 27615 RE: Nationwide Permit 39 Request /Neuse Buffer Corr~li~~ ~~~~ is ~ !~ ~ jT Dove Landing ~' ! -"' Youngsville, Franklin County, North Carolina .~~~2~~ Dear Mr. Dorney and Mr. Alsemeyer: On behalf of Mildred B. Carter (property owner), we hereby request authorization from the US Army Corps of Engineers (USAGE) to use Nationwide Permit 39 for the subject property to cover permanent impacts to two stream channels and two wetland areas. We also request written concurrence from the NC Division of Water Quality (NC-DWQ) stating that the project complies with the 401-Water Quality Certification associated with Nationwide Permit 39, as well as the Tar-Pamlico River Basin Riparian Buffer Rules. APre-construction Notification Application (PCN) is attached, as well as an agent authorization form. The proposed project, which consists of a residential subdivision and its associated utilities, is located north of NC 98 and west of the intersection of Sid Eaves Road (S.R. 1101) and Owl Drive in Franklin County, North Carolina. Please refer to the attached USGS topographic map for the location of the project. S&EC completed a detailed wetland delineation within the proposed impact areas on the property on July 5, 2001. Mr. Charles Brown (NC-DWQ) confirmed the buffer determinations made by S&EC on September 4, 2001 (NC-DWQ project code: NBRRO 01-216). Charlotte Office: PMB 291, 3020-I Prosperity Church Road Charlotte, NC 28269-7197 Phone: (704) 720-9405 Fax: (704)720-9406 Greensboro Office: 3817-E Lawndale Drive Greensboro, NC 27455 Phone: (336)540-8234 Fax: (336)540-8235 Hickory Office: 910 Boston Road Taylorsville, NC 28681 Phone (828)635-5820 Fax: (828)635-5820 ~' ~ ` ''~' ~: » - ~ April 12, 2002 S&EC Project #: 01-6409 Page 2 of 3 The proposed project involves three road crossings of two jurisdictional channels and their adjacent wetlands. Two impacts will result from the extension of the existing Owl Drive, which currently stops approximately 1200 feet due west of its intersection with Sid Eaves Road. Proposed road crossing 1 will impact 75 linear feet of a perennial, important stream channel (Stream #1 on the enclosed wetland sketch map) and 0.09 acre of wetland. The applicant also proposes to construct a second road crossing over Stream #1, impacting another 65 linear feet of this channel. The applicant also proposes to construct a road crossing over Stream #2, a perennial, important stream channel, impacting 751inear feet of stream channel. The road crossing over Stream #2 will impact 0.01 acre of wetland adjacent to the channel. The USACE's current policy requires applicants to avoid and minimize wetland and stream channel impacts to the maximum extent practicable and maq~ire6impensatory mitigation to offset unavoidable losses of waters of the US when impacts exceed the requirements for notification (0.10 acre) or if ~ttli~hatg~ to a special aquatic site such as wetlands is proposed. The applicant 're"'~iie~sted a detailed delineation of wetlands and channels present within and around the general area of the proposed road crossings in order to avoid jurisdictional wetlands to the maximum extent practicable. However, a wetland and stream channel separate the majority of the property from Owl Drive, making it necessary to impact jurisdictional areas with a road crossing to provide access to the site. The current stub of Owl Drive did not allow for many alternatives in the location of the Crossing 1. Crossing 2 was aligned so as to impact as little wetland as possible. The proposed Mourning Dove Lane was realigned after the wetlands and channels were flagged to avoid any unnecessary impacts. The final alignment of Mourning Dove Lane was designed so as to avoid wetland impacts altogether and cross Stream #1 at an approximately perpendicular angle (Crossing 3). All of the stream crossings are necessary to access high ground, which would otherwise be inaccessible due to property ownership issues or the presence of jurisdictional features. S&EC believes the applicant has minimized wetland and stream impacts to the maximum extent practicable and that further compensatory mitigation should not be required by the USACE for this project. NC-DWQ's current policy requires written concurrence of 401-certification for wetland impacts that exceed 1/3 acre and for any buffered channel April 12, 2002 S&EC Project #: 01-6409 Page 3 of 3 impact that is not considered exempt. Mitigation may be required for cumulative wetland impacts exceeding 1 acre and for cumulative perennial/significant stream channel impacts that exceed 1501inear feet per pro s n d above, impacts to Stream # 1 for the two crossings total f40 linear feet f perennial channel and _ . e of wetland, and the crossin tream # 2 impacts a total, of 751ine feet of perennial channel and .O1 acre of wetland. Because the c e impacts to wetlands are below 1 acre and have been avoided to the maximum extent practicable S&EC does not believe that the NC-DWQ should require any wetland mitigation. However, due to recent regulation changes, S&EC assumes that stream mitigation will be required by the NC-DWQ for the proposed 215 linear feet of stream impacts. Please call me at 846-5900 or email me at SClark _,SandEC.com if you have any questions. Sincerely, ~~ Sean Clark Environmental Scientist Attachments: Pre-construction (PCN) notification form Agent Authorization USGS Site Location Map Soil Survey map Impact Map Overall (large map for NC-DWQ, l 1x17 for USACE) 401-Water Quality Certification fee check ($475) Off ce Use Orily: Form Version April 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Section 10 Permit ® 401 Water Quality Certification ® Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 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 (see section VIII -Mitigation), check here: II. Applicant Information 1. Owner/Applicant Information Name: Mildred B. Carter Mailing Address: 1889A Tarboro Road Youngsville NC 27596 Telephone Number: (919556-4422 Fax Number: E-mail Address: 2. Agent 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 & Environmental Consultants, PA Mailing Address: 11010 Raven Ridge Road Raleigh NC 27614 Telephone Number: (919 846-5900 Fax Number: (919) 846-9467 E-mail Address: SClark(c~SandEC com Page 3 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 maybe 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: Dove Landing 2. T.I.P. Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 1871-31-7126 4. Location County: Franklin Nearest Town: Youngsville Subdivision name (include phase/lot number): Dove Landing Directions to site (include road numbers, landmarks, etc.): The site is located north of NC 98 and west of the intersection of Sid Eaves Road (S.R. 1101) and Owl Drive in Franklin County, North Carolina. The proposed extension of Owl Drive begins approx. 1259' west of the intersection of Owl Drive and S.R. 1101. 5. Site coordinates, if available (UTM or Lat/Long): Zone 17,'3336omE 3984660 (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.) Describe the existing land use or condition of the site at the time of this application: The applicant proposes to locate the Owl Drive Extension and Mourning Dove Lane (a new road) in a wooded, undeveloped area adjacent to an existing subdivision. 6. Property size (acres): 49.83 acres 7. Nearest body of water (stream/river/sound/ocean/lake): UT to the Little River 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/maps/.) Page ~ of 12 9. Describe the purpose of the proposed work: The purpose of the proposed work is to extend an existin rg oad (Owl Drive) and to create a new road (Mourning Dove Lane) -- both to provide access to otherwise isolated high ground with proposed subdivided residential lots. 10. List the type of equipment to be used to construct the project: Conventional heavy equipment typically used for earthwork and road construction will be used to construct the roads. 11. Describe the land use in the vicinity of this project: Land use in the vicinity of the project is primarily residential, agricultural, and forests. 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. S&EC delineated the wetlands and surface waters crossed by the proposed roads on Jul~5, 2001. Buffer determinations were confirmed by the NC-DWQ on September 4, 2001 (DWQ Project Number: NBRRO 02-216). No permits have been issued for this project at this time. V. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: No additional permit requests are anticipated at this time. 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 Page 5 of 12 mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Wetland Impacts Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-yeaz Floodplain** es/no Distance to Neazest Stream lineaz feet) Type of Wetland*** Crossing 1 Roadway Fill 0.09 no Adjacent Bottomland hazdwood Crossing 2 Roadway Fill 0.01 no Adjacent Bottomland hazdwood * 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), orFEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http:/lwww.fema.gov *** List a wetland type that best describes wetland to be impacted (e.g., freshwatedsaltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: +/- 11 acres Total azea of wetland impact proposed: 0.10 acre 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? indicate on ma linear feet Before Im act leases eci Crossing 1(Stream 1) Culverts (fill) 75 UI' to Little River 3 feet perennial Crossing 2 (stream 2) Culverts (fill) 75 UT to Little River 4 feet perennial Crossing 3 (stream 1) Averts (fill) 65 LTT to Little River 4 feet perennial * 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.r~ov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (lineaz distance in feet) to all streams on site: 215 Page 6 of 12 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number indicate on ma Type of ]mpact* Area of Impact (acres Name of Waterbod y (if applicable) Type of Waterbody (lake, pond, estuary, sound, ba ,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. 4. 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: 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 applicant reauested a detailed delineation of wetlands on property in order to avoid jurisdictional wetlands and waters to the maximum extend practicable. However, two wetlands and stream channels separate the majority of the property from the existing access road Owl Drive) making it necessary to impact jurisdictional areas with a total of 3 road crossings Page 7 of 12 to avoid wetland impacts altogether and cross Stream #1 at an approximately perpendicular angle. 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 http://h2o.enr.state.nc.us/ncwetlands/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. Because the applicant has minimized impacts to stream channels to below 150 feet~er channel and minimized wetland impacts to 1/10 acre, S&EC believes that wetland miti ag tion should not be required by the USACE. However, because stream impacts on the property total 215 linear feet, S&EC assumes that the NC-DWQ will require stream mitigation. The client ro oses a ent to the N Wetland Restoration Pro am for stream miti ation. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application Page 8 of 12 process for the NCWRP, check the NCWRP website at http:!!h2o.enr.state.nc.us!wtp!index.ban. 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): 2151inear feet Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount ofNon-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federaUstate/local) 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 (DWQ Only) 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 ^ 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. Page 9 of 12 Stream 1 Zone* Impact s uare feet Multiplier Required Miti ation 1 7,318 3 N/A 2 4,879 1.5 N/A Total 12,197 N/A * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone 1. Stream 2 -~ 2~S Zone* s uare feet Multiplier Miti ation 1 3,659 3 N/A 2 2,439 1.5 N/A Total 6,098 N/A * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additiona120 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 2B .0242 or .0260. N/A XI. Stormwater (DWQ Only) 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. The impervious surface for the nroiect will be below 30%. Devices will be used to ensure sheet flow into the riparian buffers. XII. Sewage Disposal (DWQ Only) 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. On-site subsurface septic systems will be used. Page 10 of 12 XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (1 SA NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an a$er-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). O~ ~.~~ April 12, 2002 ApplicantlAgent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union US Army Corps of Engineers Avery Clay Jackson Polk Watauga 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey Room 208 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin 6508 Falls of the Neuse Road Ashe Franklin Nash Surry Suite 120 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatham Granville Orange Wake Telephone: (919) 876-8441 Davidson Guilford Person Warren Fax: (919) 876-5283 Davie Halifax Randolph Wilkes Washington Regulatory Field Office Beaufort Currituck Jones Pitt US Arrny Corps Of Engineers Bertie Dare Lenoir Tyrrell Post Office Box 1000 Camden Gates Martin Washington Washington, NC 27889-1000 Carteret* Green Pamlico Wayne Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only Page 11 of 12 Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland US Fish and Wildlife Service /National Marine Fisheries Service US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service Raleigh Field Office Asheville Field Office Habitat Conservation Division Post Office Box 33726 160 Zillicoa Street Pivers Island Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516 Telephone: (919) 856-4520 Telephone: (828) 665-1195 Telephone: (252) 728-5090 North Carolina State Agencies Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: (919) 733-1786 Fax: (919) 733-9959 Division of Water Quality Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 Telephone: (919) 733-5208 Fax: (919) 733-5321 State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 733-4763 Fax: (919),715=2671 CAMA and NC Coastal Counties Division of Coastal Management Beaufort Chowan Hertford Pasquotank 1638 Mail Service Center Bertie Craven Hyde Pender Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell Fax: (919) 733-1495 Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Ashe Mitchell Wilkes Kernersville, NC 27284-9180 Avery Stokes Telephone: (336) 769-9453 Burke Sung Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Fax: (828) 506-1754 Haywood McDowell Yancey Page 12 of 12 State of North Carolina Department of Environment and Natural Resources Raleigh Regional Office Michael F. Easley, Governor William G. Ross, Secretary Division of Water Quality September 4, 2001 Sean Clark Soil and Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, NC 27614 I ~~ ~ ~ ~' -- NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Neuse River Basin Riparian Buffer Rules NBRRO 01-216 Dove Landing Property S&EC Project #: 01-6409 Wake County Dear Mr. Clark: This letter will serve as confirmation of the buffer determinations made by S&EC at the subject property referenced by the Raleigh Regional Office as NBRRO 01-216. The features represented on the Franklin County Soil Survey and the USGS Quad maps were evaluated on August 22, 2001 to determine their subjectivity to the Neuse Buffer Rules. Three features are shown on the aforementioned maps within the property boundaries. The features on the attached map are subject to protection under the Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0233. The tributaries shown as adash -dot line are subject to the Neuse Buffer Rule. This letter only addresses the applicability of the Neuse Buffer Rules. For information relevant to wetlands and other impacts, please contact the Central Office at 733-1786. Thank you for your attention to this matter and if this Office can be of any assistance of if you have additional questions, please do not hesitate to contact us. Si i rely ~ - 3 harles Brown Environmental Specialist cc: RRO/John Dorney h:/neusebuf.let/nbro 1216 1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone (919)571-4700 FAX (919)571-4718 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper ~/G.G/ U/ ~, FIGURE 3 O ~ n{ I... I 'N P ~ r n~~ ti -~ ~[ °' ~wL ~~``~ ~ Q~~~~ j ~' 3 elan M ~, ~, I -t;,`~' l P Q t 20 a/L ~. l ~ ~{ J cwetk ~ ~ j O ~~ T,-~ iv CrL.e k rm J WI Ln ~ ~ ~~/ a "fQ ~ o lam-{ tp ' ~e:rl. ,. - 1 . ~ [-rte ~ a `n I ~ 77tTe X11 ~ I / ~ lao ~ ~ ~ -, ~ - I , N 1 w _ J ~ ~a~ % 'GUR , ~ ~ ' ~ S 85' S7 29 / ~. _ ~~- ~ •7;7'0 ~ ,I. OeA f ~---~- //2 .b/L ~~ _ ~ ~ c~ ~` ZL ~ I~ -CURVE ITATA s 1~3c~~~~ . / ~ j ~t`To `3/ wL Q. ARC • 134.36' CURVR ? ~ i ~0 5T 36" W 136.54\ ~~~ ~~ - -- _ r .~ ~ 2t2 i~ ~ t 3 2 ( CURVE 2 -CURVE DA Mfg W d. I w R ~ 350'. ARC s 134.36' ~-'tu Z ~ SH74'D57' 36" W 136.'S4' !may Ji O ( 5 m ~~n~ei v~(•S a ~ tQ"' ,.v~. w a ~ ~~ eaS'f o-~3J~ uo ~ 31 y ~ ~ ' Wr o ~ ~~ ~ Soil ds Environmental t:onsultaats, Inc. /,~ ~ 1 11010 Raven Ridge Road, Raleigh, North Carolina 27614 ~ } Phone: (919) 846-5900 F'ax. (919) 846-9467 t3.~ / F- ( ` O C J ~ 1 Project: Dove Landing / SBsEC Protect ~ Off.- 6409 ~r o I ~I a( Preliminary Wetland Approximation 1~- _..~,_ ~ ~ 1 ~ + a I ~ Suitable for Preliminary Planning Only I ~ 1 1 y~O 4 ~ E SBcEC reserves the right to modify this map based on more fieldwork; ~ ~ I( I ~ ~ ~ ~~ surveyed delineations and any other additional information. y ApproArmtions were mapped using topographic maps and ground frothing. "t ~ crtCk If these areas are m be used, they must be approved and ` ~ Permitted by the U.S. Army Corps of l'sngineera. ~/ ~c~se1 ~ ~i Z~ LEGEND: tl~ ~;f ~~+„~'~ _ • =WATERS OF THE U.S. SUBJECT TO THE NEUSE RIVER 50 ft. BUFFERS [i.e., intermittent • - ~ streams; must be confirmed by the USAGE and DWQ] =MARGINAL WATERS OF THE U.S., MAY BE SUBJECT TO THE NEUSE RIVER 50 fG • • BUFFERS (must be confirmed by the DWQ] =JURISDICTIONAL WETLANDS [must be confirmed by the USAGE] BOUNDARY OF EVALUATED AREA O ^/