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
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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
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11010 Raven Ridge Road, Raleigh, North Carolina 27614 ~ }
Phone: (919) 846-5900 F'ax. (919) 846-9467 t3.~ / F- ( `
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Project: Dove Landing / SBsEC Protect ~ Off.- 6409 ~r o I
~I a(
Preliminary Wetland Approximation 1~- _..~,_ ~ ~ 1 ~ + a I
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E SBcEC reserves the right to modify this map based on more fieldwork; ~ ~ I( I ~ ~ ~ ~~
surveyed delineations and any other additional information. y
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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
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