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HomeMy WebLinkAbout20070590 Ver 1_Application_20070404~ AVOLIS ENGINEERING, P.A. -L.J P.O. Box 15564 New Bern, North Carolina 28561 (252) 633 0068 07~5g0 March 28, 2007 R~r'E`v~~ Ms. Cindy Karoly Supervisor 401 Oversight/Express Review Permitting Unit NCDENR -Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 RE: Broad Creek Road Mini Storage Broad Creek Road/NCSR 1600, Craven County, North Carolina AE Project No. 04109 Dear Cindy: Attached please find a 401 Water Quality Certification application for he referenced project consisting of the following: • Permit Application (Seven Copies) • Project Plans (Seven Copies) • USGS Map (Seven Copies) • Permit Fee $200 It is requested that you review the attached permit application and if deemed appropriate issue a 401 Water Quality Certification for the proposed impact. If you should have any questions or need any additional information to process this request, please do not hesitate to call. Sincerely, ~~~ ("~ t ii _ ~ ~ ~;~~ F~~p i\ ~;»d ~S r f Ji 1 j h °:i: _ ~il cJ ~ vm Avolis, P.E. Vi e-President ,~~ ~, Office Use Only: Form Version March OS 07 0590 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) F~YMENT i. Processing RECEIVED 1. Check all of the approval(s) requested for this project: ~ ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 18 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 Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), che~l~-1~~~ ^ ~ :-. ~t -~ r~; II. Applicant Information ~~" ~ 4 ~~~ %~,~ti ~h 2~0 1. Owner/Applicant Information ,~ ~ °~ Name: Phillip D. Dunn & LindaB. Dunn ~~~~~,~,~ ~~;~~;~ ~~~i~,.~~~,~;~F.a~,t: Mailing Address: 520 Half Moon Road New Bern, NC 28560 Telephone Number: (252)633-4577 Fax Number: E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Avolis En ing eerin~, P.A. Company Affiliation: P.O. Box 15564 Mailing Address: New Bern, NC 28561 Telephone Number: 252-633-0068 Fax Number: 252-633-6507 E-mail Address: avoliseng~,lpmonline.net Page 5 of 5 III. Project Information 3 Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Broad Creek Mini Storage 2. T.LP. Project Number or State Project Number (NCDOT Only): N/A Property Identification Number (Tax PIN): 2-016-033 4. Location County: Craven Nearest Town: New Bern Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): NC Highway 55 East. Turn right on Broad Creek Road. Project is 5 miles on left. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35° - 6.39 N 76° - 56.91 W 6. Property size (acres) 13.01 Acres 7. Name of nearest receiving body of water: Broad Creek 8. River Basin: Neuse (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at htt~//h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Site is developed with a mini storage facility on approximately 1 acre area. Remaining site is vacant. Surrounding property is vacant and/or sparsely developed residential Page 6 of 6 10. Describe the overall project in detail, including the type of equipment to be used: See attached narrative. 11. Explain the purpose of the proposed work: See attached narrative. 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.LP. project, along with construction schedules. Wetland delineation confirmed in March 2005 by Scott Jones, Washington Regional office. (See also narrative) V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No future plans to develop the remaining areas of the property 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. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: See narrative. Page 7 of 7 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, ePnaratPly list imnantc rltte to tenth Cti"l1Ct111'e, and 17n(l(11Y1~. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain ( es/no) Distance to Nearest Stream linear feet) Area of Impact (acres) Fill Forested Yes > 1,000 0.75 Total Wetland Impact (acres) 0.75 3. List the total acreage (estimated) of all existing wetlands on the property: 10.0 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, 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 meet ha inrln~led Tn ralrnlate acreage mnltinly length X width_ then divide by 43.560. Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Length (linear feet Area of Impact (acres) None Total Stream Impact (by length and acreage) 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fll av~avatinn rlrarlamo flnnrlino rlramage hiilkhearlc etc:. Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) None Total Open Water Impact (acres) Page 8 of 8 6. List the cumulative impact to all Waters of the U.S. resultinu from the nroiect: Stream Impact (acres): 0 Wetland Im act (acres): 0.75 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0 Total Stream Impact (linear feet): 0 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. 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.): Excavation Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Stormwater Control (Coastal Stormwater System~ Current land use in the vicinity of the pond: Vacant Size of watershed draining to pond: 1.8 Expected pond surface area: 5,560 SF 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. See narrative. 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. Page 9 of 9 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January I5, 2002, 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 NCEEP 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. See narrative. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 0 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount ofNon-riparian wetland mitigation requested (acres): 0.75 Acres Amount of Coastal wetland mitigation requested (acres): 0 Page 10 of 10 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ^ No 2. 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 aNEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No 3. 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 ^ N/A X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact Multiplier Required (square feed Mitieation 1 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. Page 11 of 11 XI. Stormwater (required by DWQ) Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. See narrative. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. See narrative. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: XV. 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). See narrative. Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 PROJECT NARRATIVE & DISCUSSION O 7 O~ 9 O Broad Creek Mini Storage Broad Creek Road, NCSR 1600 Craven County, North Carolina I. PROJECT DESCRIPTION The Broad Creek Mini Storage project entails the expansion of an existing mini storage facility on a 13.01 acre parcel of land located in Craven County, North Carolina. The subject property is located in the Neuse River Basin. A wetland delineation on the site was completed in 2005. This wetland delineation was confirmed by the Washington Regional Office of the US Army Corps of Engineers. The attached site plan depicts the extent of the wetlands located on the property. Subsequent to this wetland delineation, a small mini storage complex covering an area less than one acre in size was developed on the southwestern corner of the property. The need and demand for a mini storage facility in this area has necessitated the owner to try to seek permission to impact wetland areas to expand this facility. The attached site plan depicts the existing mini storage development and the proposed expansion of the mini storage facility. Specifically, it is proposed that a total of 33,092 square feet, 0.76 acres of wetlands be impacted to expand the facility as presented. The wetland areas to be impacted include those areas which parallel NCSR 1600 -Broad Creek Road. The existing mini storage facility impacted less than one acre of land. Therefore, a Coastal Stormwater Management Permit was not required. The addition of the new mini storage facilities will create a high density development pocket on the subject property. Therefore, it is proposed that a Coastal Stormwater Permit be secured for the project which will include the construction of stormwater retention pond on the northeastern of the subject property. All stormwater runoff from the expanded mini storage facility as well as the original mini storage development will be conveyed to this stormwater pond for treatment. The stormwater pond is proposed to discharge to the existing ditch running parallel with the northern property line. The proposed impermeable surfaces on the subject property are as follows: Existing Impermeable Surfaces Proposed Additional Impermeable Areas 28,678 SF, 0.066 Acres, 5.06% Impermeable 37,563 SF, 0.86 Acres Total Impermeable Area (After Expansion) 66,241 SF, 1.52 Acres, 11.69% of Total Site Area These impermeable surface quantities are specified on the attached project drawings. It is proposed that a stormwater retention pond be sized to handle the one-inch design storm runoff volume. It is estimated that a pond surface area of approximately 5,600 square feet will be required tb comply with Coastal Stormwater Regulations. Attached with this permit application are copies of the USGS Map and the Craven County Soils Map encompassing the subject property. Based upon a review of these maps, the existing ditch located on the northern side of the subject property does not appear on either of these maps and is not considered to be classifiable as a "blue line" stream. Therefore, no Neuse Riparian Buffer impacts are indicated on the attached permit application. The demand for mini storage facilities in this remote area of Craven County are significant due to the nearby large residential communities. The owners of the subject property have several mini storage facilities and at the time of purchase of the subject property, underestimated the demand in this area. The subject property has approximately 620 linear feet of frontage along NCSR 1600 -Broad Creek Road, the primary traffic corridor in this area. It is the desire of the owner to utilize this road frontage to its greatest and highest use. The proposed mini storage facility expansion has been shifted westward as much as practical to minimize impacts. Additionally, the site layout has been completed to take advantage of the upland areas that exist immediately adjacent to NCSR 1600. The remaining portions of the subject property have not been formally delineated; however, based upon visual observations on these areas of the site, it is anticipated that the majority of the property will be classifiable as Section 404 Wetlands. The owner of the property does not have any future plans to expand the facility in an eastward direction. In fact, as a matter of mitigation, the owner is proposing to place conservation easements on the remaining properties on the site to protect any wetlands. In addition to mitigating the proposed impacts by placing conservation easements on the remaining properties of the site, the owner is agreeable to in lieu fee payments to the Eco System Enhancement Program for the impact, if deemed necessary. Upon U.S. Army Corps of Engineers and Division of Water Quality concurrence that these wetland impacts can occur and that NCEEP in lieu fee mitigation is required, formal application and payment will be made. Minimal sewage will be generated at this facility. If the facility is expanded, a small office will be added at the facility. It is proposed that sewage disposal occur through the construction of an on-site septic system. Permits have been previously submitted through the Craven County Health Department for on-site sewage disposal. 07.059 i - a ` s eQ 7 - - ~ ?.. - - - { is , _~ °Q, - ,.. ; .. ~,~ \ , . ,~ as a t,1 ~ f a~' _' \ t , J _ 1 _- ~ ~ 7 Y`m-1c-r- ._..y.- .+_._ __ '~ ~s ~. 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