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HomeMy WebLinkAbout20070232 Ver 1_More Info Received_20070221ROBIN HAYCOCK LITTLE 5409 NEW REBEL COURT, YOUNGSVILLE, NC 27596 (919) 418-7645 February 20, 2007 Mr. Ian Mc Millan 401 OversightlExpress review Permitting Unit Division of Water Quality 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Subject: DWQ Project # 07-0232 Dear Mr. McMillan: Enclosed you will find the three additional copies of the 401 permit application dated January 30 , 2007, which were requested by DWQ on February 9, 2007. My client, Mr. Blackburn will send in the permit fee of $200 separately. The permit requested is Nationwide Permit 14 and DWQ Water Quality Certification #3375. Please note that a revised planting schedule (page 5 of the Stream and Riparian Buffer Restoration Plan) is also included, and should be inserted to replace page 5 in the original submittal. Once the fee is received, the application should be complete. Please forward this information to Danny Smith of the Assistance and Compliance Oversight Unit. Respectfully yours, Robin Haycock Little Licensed Soil Scientist #1205 Cc: Mr. G. Templeton Blackburn, II Mr. Jack Blackburn Brian Boutin, P.G., Stratus Engineering Ken Schuster, DWQ Raleigh Regional Office ~~ F ~B ~ ~ Z~0' ~~~~ - wH~~~ Q:~a,ur~ y'Bk'tIP.MD~ ~,'~!a SSC~RMdyAT~Ft gR,q~{GN establishment prior to the drier summer months. A one-time fertilizer application at the roots of each planting of slow release N-P-K fertilizer is recommended. PLANTING SCHEDULE The planting schedule is as follows: Date Action March 2007 Remove pipe, stabilise with weirs March 2007 Replant and live stake stream banks March -March 2009 Monitor for stability March -May 2012 Monitor plant survival. The plants observed in the existing stream channel were predominantly willow, river birch, tulip poplar, sweet gum, red maple and honeysuckle. Live staking of willow from the existing plant stock on site, and additional staking of forsythia, silky dogwood and other suitable species will protect the stream bank, and will exceed the required vegetation density for the riparian buffer restoration. While the existing house and driveway will prevent even spacing of trees and shrubs, higher density could be used within Zone I to offset this loss of riparian vegetation. Also, since trees cannot be planted too close to the house, smaller shrubs and dwarf varieties will be used. Awell-maintained lawn will also provide stability and pollutant removal as well. The roof drains should either be directed to level splash plates to promote diffuse flow and prevent erosion, or directed to a small wet detention area or rain garden if possible. The area around the existing willow tree in the front of the house would be a preferred location for this, if the roof drains can be directed to flow to the front of the house. A small depression with appropriate plantings would disperse and treat any roof runoff before it entered the riparian zone. SUMMARY This restoration plan is very simple, due to the existing limitations placed on the stream geometry and planting plan by the proximity to existing houses. With appropriate sediment and erosion control practices and effective communication and coordination with Mr. Bergen's' consultants, this small part of the overall restoration of the subject stream channel should not require extensive time, materials or cost. Removal of the existing pipe, stream channel stabilization, and replanting and live staking should all happen in rapid succession within the dormant season. The effective area of the proposed replanted riparian zones may be slightly reduced, but with appropriate planning and design, water quality downstream should be adequately protected. establishment prior to the drier summer months. A one-time fertilizer application at the roots of each planting of slow release N-P-K fertilizer is recommended. PLANTING SCHEDULE The planting schedule is as follows: Date Action Mazch 2007 Remove pipe, stabilise with weirs March 2007 Replant and live stake stream banks Mazch - Mazch 2009 Monitor for stability Mazch -May 2012 Monitor plant survival. The plants observed in the existing stream channel were predominantly willow, river birch, tulip poplar, sweet gum, red maple and honeysuckle. Live staking of willow from the existing plant stock on site, and additional staking of forsythia, silky dogwood and other suitable species will protect the stream bank, and will exceed the required vegetation density for the riparian buffer restoration. While the existing house and driveway will prevent even spacing of trees and shrubs, higher density could be used within Zone I to offset this loss of riparian vegetation. Also, since trees cannot be planted too close to the house, smaller shrubs and dwarf varieties will be used. Awell-maintained lawn will also provide stability and pollutant removal as well. The roof drains should either be directed to level splash plates to promote diffuse flow and prevent erosion, or directed to a small wet detention area or rain garden if possible. The azea around the existing willow tree in the front of the house would be a preferred location for this, if the roof drains can be directed to flow to the front of the house. A small depression with appropriate plantings would disperse and treat any roof runoff before it entered the riparian zone. SUMMARY This restoration plan is very simple, due to the existing limitations placed on the stream geometry and planting plan by the proximity to existing houses. With appropriate sediment and erosion control practices and effective communication and coordination with Mr. Bergen's' consultants, this small part of the overall restoration of the subject stream channel should not require extensive time, materials or cost. Removal of the existing pipe, stream channel stabilization, and replanting and live staking should all happen in rapid succession within the dormant season. The effective area of the proposed replanted riparian zones may be slightly reduced, but with appropriate planning and design, water quality downstream should be adequately protected. establishment prior to the drier summer months. A one-time fertilizer application at the roots of each planting of slow release N-P-K fertilizer is recommended. PLANTING SCHEDULE The planting schedule is as follows: Date Action March 2007 Remove pipe, stabilise with weirs March 2007 Replant and live stake stream banks March -March 2009 Monitor for stability March -May 2012 Monitor plant survival. The plants observed in the existing stream channel were predominantly willow, river birch, tulip poplar, sweet gum, red maple and honeysuckle. Live staking of willow from the existing plant stock on site, and additional staking of forsythia, silky dogwood and other suitable species will protect the stream bank, and will exceed the required vegetation density for the riparian buffer restoration. While the existing house and driveway will prevent even spacing of trees and shrubs, higher density could be used within Zone I to offset this loss of riparian vegetation. Also, since trees cannot be planted too close to the house, smaller shrubs and dwarf varieties will be used. Awell-maintained lawn will also provide stability and pollutant removal as well. The roof drains should either be directed to level splash plates to promote diffuse flow and prevent erosion, or directed to a small wet detention area or rain garden if possible. The area around the existing willow tree in the front of the house would be a preferred location for this, if the roof drains can be directed to flow to the front of the house. A small depression with appropriate plantings would disperse and treat any roof runoff before it entered the riparian zone. SUMMARY This restoration plan is very simple, due to the existing limitations placed on the stream geometry and planting plan by the proximity to existing houses. With appropriate sediment and erosion control practices and effective communication and coordination with Mr. Bergen's' consultants, this small part of the overall restoration of the subject stream channel should not require extensive time, materials or cost. Removal of the existing pipe, stream channel stabilization, and replanting and live staking should all happen in rapid succession within the dormant season. The effective area of the proposed replanted riparian zones may be slightly reduced, but with appropriate planning and design, water quality downstream should be adequately protected. establishment prior to the drier summer months. A one-time fertilizer application at the roots of each planting of slow release N-P-K fertilizer is recommended. PLANTING SCHEDULE The planting schedule is as follows: Date Action March 2007 Remove pipe, stabilize with weirs March 2007 Replant and live stake stream banks March -March 2009 Monitor for stability March -May 2012 Monitor plant survival. The plants observed in the existing stream channel were predominantly willow, river birch, tulip poplar, sweet gum, red maple and honeysuckle. Live staking of willow from the existing plant stock on site, and additional staking of forsythia, silky dogwood and other suitable species will protect the stream bank, and will exceed the required vegetation density for the riparian buffer restoration. While the existing house and driveway will prevent even spacing of trees and shrubs, higher density could be used within Zone I to offset this loss of riparian vegetation. Also, since trees cannot be planted too close to the house, smaller shrubs and dwarf varieties will be used. Awell-maintained lawn will also provide stability and pollutant removal as well. The roof drains should either be directed to level splash plates to promote diffuse flow and prevent erosion, or directed to a small wet detention area or rain garden if possible. The area around the existing willow tree in the front of the house would be a preferred location for this, if the roof drains can be directed to flow to the front of the house. A small depression with appropriate plantings would disperse and treat any roof runoff before it entered the riparian zone. SUMMARY This restoration plan is very simple, due to the existing limitations placed on the stream geometry and planting plan by the proximity to existing houses. With appropriate sediment and erosion control practices and effective communication and coordination with Mr. Bergen's' consultants, this small part of the overall restoration of the subject stream channel should not require extensive time, materials or cost. Removal of the existing pipe, stream channel stabilization, and replanting and live staking should all happen in rapid succession within the dormant season. The effective area of the proposed replanted riparian zones may be slightly reduced, but with appropriate planning and design, water quality downstream should be adequately protected. establishment prior to the drier summer months. A one-time fertilizer application at the roots of each planting of slow release N-P-K fertilizer is recommended. PLANTING SCHEDULE The planting schedule is as follows: Date Action March 2007 Remove pipe, stabilize with weirs March 2007 Replant and live stake stream banks March -March 2009 Monitor for stability March -May 2012 Monitor plant survival. The plants observed in the existing stream channel were predominantly willow, river birch, tulip poplar, sweet gum, red maple and honeysuckle. Live staking of willow from the existing plant stock on site, and additional staking of forsythia, silky dogwood and other suitable species will protect the stream bank, and will exceed the required vegetation density for the riparian buffer restoration. While the existing house and driveway will prevent even spacing of trees and shrubs, higher density could be used within Zone I to offset this loss of riparian vegetation. Also, since trees cannot be planted too close to the house, smaller shrubs and dwarf varieties will be used. Awell-maintained lawn will also provide stability and pollutant removal as well. The roof drains should either be directed to level splash plates to promote diffuse flow and prevent erosion, or directed to a small wet detention area or rain garden if possible. The area around the existing willow tree in the front of the house would be a preferred location for this, if the roof drains can be directed to flow to the front of the house. A small depression with appropriate plantings would disperse and treat any roof runoff before it entered the riparian zone. SUMMARY This restoration plan is very simple, due to the existing limitations placed on the stream geometry and planting plan by the proximity to existing houses. With appropriate sediment and erosion control practices and effective communication and coordination with Mr. Bergen's' consultants, this small part of the overall restoration of the subject stream channel should not require extensive time, materials or cost. Removal of the existing pipe, stream channel stabilization, and replanting and live staking should all happen in rapid succession within the dormant season. The effective area of the proposed replanted riparian zones may be slightly reduced, but with appropriate planning and design, water quality downstream should be adequately protected. establishment prior to the drier summer months. A one-time fertilizer application at the roots of each planting of slow release N-P-K fertilizer is recommended. PLANTING SCHEDULE The planting schedule is as follows: Date Action March 2007 Remove pipe, stabilise with weirs March 2007 Replant and live stake stream banks March -March 2009 Monitor for stability March -May 2012 Monitor plant survival. The plants observed in the existing stream channel were predominantly willow, river birch, tulip poplar, sweet gum, red maple and honeysuckle. Live staking of willow from the existing plant stock on site, and additional staking of forsythia, silky dogwood and other suitable species will protect the stream bank, and will exceed the required vegetation density for the riparian buffer restoration. While the existing house and driveway will prevent even spacing of trees and shrubs, higher density could be used within Zone I to offset this loss of riparian vegetation. Also, since trees cannot be planted too close to the house, smaller shrubs and dwarf varieties will be used. Awell-maintained lawn will also provide stability and pollutant removal as well. The roof drains should either be directed to level splash plates to promote diffuse flow and prevent erosion, or directed to a small wet detention area or rain garden if possible. The area around the existing willow tree in the front of the house would be a preferred location for this, if the roof drains can be directed to flow to the front of the house. A small depression with appropriate plantings would disperse and treat any roof runoff before it entered the riparian zone. SUMMARY This restoration plan is very simple, due to the existing limitations placed on the stream geometry and planting plan by the proximity to existing houses. With appropriate sediment and erosion control practices and effective communication and coordination with Mr. Bergen's' consultants, this small part of the overall restoration of the subject stream channel should not require extensive time, materials or cost. Removal of the existing pipe, stream channel stabilization, and replanting and live staking should all happen in rapid succession within the dormant season. The effective area of the proposed replanted riparian zones may be slightly reduced, but with appropriate planning and design, water quality downstream should be adequately protected. 2 ~ ROBIN MAYCOCK LITTLE 5409 NEW REBEL COURT, YOLTNGSVILLE, NC 27596 (919) 418-7645 January 30, 2007 Mr. Danny Smith Assistance and Compliance Oversight Unit Division of Water Quality 2321 Crabtree Boulevard Raleigh, NC 27604-2260 Subject: Resolution of buffer violation on lots 33 and 34, Section I, Rollingwood Subdivision, Oxford, NC, located in Granville County. NBRRO 03-228. Dear Mr. Smith: Per our conversation by telephone on October 19`f', 2006, I have prepared a stream restoration and buffer-replanting plan for lot 34 in Section I of Rollingwood Subdivision, located near O~cford, in Granville County. I have included a planting schedule in the plan as you requested. I also completed apost-construction notification form for your records, and a signed agent authorization letter, so that I may represent my clients, Mr. G. Templeton and Jack Blackburn. I hope that you find this information to be sufficient and co-nplete and that you will contact us in writing to confirm that no more information is needed. Once the planting and stream work is completed, it is our hope that the involvement of l~tr. Jack Blackbui7l in the larger violation involving i~1r. Bergen will be concluded. I have offered to assist my client in oversight of the planting and stream work on an as needed basis, in order to facilitate a successful outcome. I appreciate being able to be of assistance in this matter, and hope that it can be res~~lved without further delay. Respectf idly yours, l ; • 'r i ~~, l Robin Haycock Little Licensed Soil Scientist # 120> Cc: Mr. G. "fernpleton Blackburn, II Mr. Jack Blackburn Brian Boutin, P.G., Stratus I~ngineering ken Schuster, DWQ Raleigh Regional Office FIRST HOME CONSTRUCTION, INC. 719 Lakeview Drive [-Icndcrson, N.C. 27536 "TELEPHONE 232-~30-2020 F:~CSI~IILE 2~2-~i30-2022 December 26, 2006 Mr. Danny Smith Assistance and Compliance Oversight Unit Division of Water Quality N.C. Department of Environment and Natural Resources 2321 Crabtree Boulevard Raleigh, NC 2760-2260 Subject: Authorized A~~cnt Dear tilr. Smith: First Home Construction. Inc. hereby authorizes Ms. Robin Haycock Little to.act as the company's went in the resolution of the stream and buI•ter violation on Lot 3~ in Rullin~w~ood Subdivision. located in Granville County, approximately 0.6 miles cast of 13~ on NC 96 East. She has authority to represent the company's interests in this matter, and to accompany --egulatorv personnel on to the site in my absence. First Home Construction. Inc. ('`FI IC") is a corporation duly or~~anized and in «ood standing under the laws of the State of North Carolina. ~\t all times relevant to this matter, I have personally acted solely as an officer, employee and agent of First I-Tome Co-1sh~uction, hlc. and am involved in the present matter solely in my capacity as nil officer and employee of FI-IC. I personally do not own and have never owned or developed any property in the Rol(in~~woo~i Subdivision which is the site of the violations alleged by N.C. Department of E;nviro~unent and Natural Resources that are the subject of this proceeding. Specifically, Lot ~-I is o~~ned and tllc construction thereon was undertai:en by First ElOnle C onSti'llchoil, init. ~~hicil purchased the property from the de~ciopcr oi~ the subdivision. "phis was also the case with Lot > . Very truly yours. FIRST HOME CONS"CRUCTION, INC. ,t ~ ~~~ ~,.,-- ~. Jack Blackburn President 'Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. (If any particulaz item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ® Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ^ ~ > ~ ~~ r 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ^ II. Applicant Information 1. Owner/Applicant Information Name: Jack Blackburn c/o G. Templeton Blackburn II _ Mailing Address: 719 Lakeview Drive Henderson NC 27536 Telephone Number: 2SL-~F.iV-2U2V Fa~c Number: 252-430-2022 E-mail Address: 2. Agent/Consultant Inforniation (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Robin M. Little Company Affiliation: Soil Systems Mailing Address: 5409 New Rebel Court Youngsviiie vC 2796 Telephone Number: 919-418-7645 Fax Number: E-mail Address: environmental solution~,hotmail com III. Project Information Page 5 of 12 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 ether mops 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: Post Coast; u~ i:,u Notif cation and Stream Buffer Restoration 2. T.I.P. Project Number or State Project Number (NCDOT Only): ~-~'~~ 3. Property Identification Number (Ta.K PIN): c . ,, 4. Location County: Granville Nearest Town: Oxford Subdivision name (include phase/lot number): Rollin~gwood Subdivision Section II, Lots 33 and 34 Directions to site (include road numbers, landmarks, etc.): NC 96 E from I-85N approx. 0.6_ miles to Polly Road on ri~ht,_turn right into Rollint~wood Subdivision, stay on Polly Road for a rox. 0.15 miles to lots on left 'ust o site Hazelwood Court. 5. Site coordinates, if available (UTM or Lat/Long):N 923 699.4895' E 2 125 746.585' (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): Lots 33 and 34 total 0.6 acres 7. Nearest body of water. (stream river/sound/ocean lake): UT to Fishing Creek __ 8. River Basin: Tar River Basin (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is availabie at i~~t~-~'~h~~~ ear ,t~~tc nc.u~-'ad~~~~n/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: Existing subdivision, existing houses and past-- stream relocation on two lots. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: Post-construction permit notification/violation for stream relocation, culvert installation and ..... riparian buffer imoacts on two lots (33 and 34), stream restoration- to be completed by developer buffer restoration proposed on two lots (33 and 34Zb~lot owners. 11. Explain the purpose of the proposed work: Resolve violation by replanting riparian buffer adiacent to two existing houses. See attached plantin~,plan and schedule.) 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 informationsDescribe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). ~.I~ this is a NCDOT project, list and describe permits issued for prior segments of the same T.LP. project, along with construction schedules. DWQ NBRRO 03-228 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. 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 cieariy 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 7 of 12 mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separaie sheet. 1. Provide a written description of the proposed impacts: NA 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** ~~'• • List each impact separately and identify temporary impacts.. Impacts include, but are not hrrhted to: mechanized cleanng, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structury and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at `.irtn~~.~~.<<~.tcma.~_n~. **' List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Total area of wetland impact proposed: NA 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Im act Perennial or Intermittent? leases ecif ) 1 24" culvert 16.5' UT to Fishing Creek 2' I 2 24" culvert 16.5' UT to Fishing Creek 2' P 3 36" culvert 87.5 UT to Fishing Creek 2.5' P " List each impact separately and identify temporary impacts. 1mpaCTS nseraae, ou; es'r nvL LLII11lGLL lV. I:LLIVGILJ iulLL u.~.w..~ww ••r •-T 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 t~~~~.t.u~_..c~~~. Several Internet sites also allow direct download and printing of USGS maps (e.g., «««.~c`r"~t'n~_crn";-', ~ttttt.m~l~i I;~~LCnt't, etC.). Page 8 of 12 Cumulative impacts (linear distance in feet) to all streams on site: 120.51inear feet ' ~.; 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number indicate on ma * Type of Impact Area of ~P~ acres Name of Waterbody (if applicable) Type of Waterbody ~~~~ Pond, estuary, sound, ba ,ocean, etc. List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sectiotls~.'' Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands . ~~~ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 lineaz feet of total impacts to perennial streams. Page 9 of 12 ;~~~ . USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide .._ ;.<; Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the prejec ; establishing and mant~irting we*~land 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 applica.^t may also choosy tore::~::~ ~~:e c~.:.rr~nt grid~l.nes for s~a*n t~estorafio^ in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at htin:' 11~i~.e~lr.,tats.nc.us.'nc~~~tlan~i~.'~trit~<_idt.html. , -„"•~ 1. Provide a brief description of the proposed mitigation plan. ~'he description should provide as much information as possible, including, but not limited to: site,~ocation (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. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCGJRP website ai hit~~: i~,~~.~~,r.,tai~.nc.u~ ~trh,ind«.l~tn~. 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): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount ofNon-riparian wetland mitigation requested (acres):. Amount of Coastal wetland mitigation requested (acres}: IX. Environmental Documentation (required by DWQ) Page 10 of 12 Does the project involve an expenditure of public (federaVstate) funds or the use of public (federaVstate) land? ':' " Yes ^ No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All propo~d impairts must be listed herein, and must be clearly identifiable on the accompanying site plan. x.11 buffers must be shown on a map, whether or not impacts are proposed to the buffers. Corr~s~ondence 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 Tar- Pamlico )? Yes ® No ^ If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone' Impact s uare feet Multiplier Required Miti ation I 393 3 1179 2 1963 I.5 2944.5 Total 2249 4 l 23.5 ' Zone 1 extends out 30 fcet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone (. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Freservation or Page 11 of 12 Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. Impacts to Zone I by both houses = 393 sf = 0009 ac. Impacts to Zone II by both houses = 1963 sf = 0045 ac. Total imQar*~ to buffer = 0 054 ac = less than 0.1 ac. XI. Stormwater (regaired by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Approx 4200 sf of total of 28 650 sf~for lots 33 and 34) = 15% impervious coverage XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. ,, :, XIII. Violations (required by DWQ) ~ . ~ Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0506) or any Buffer Rules? Yes ® No ^ Is this an after-the-fact permit application? Yes ® No ^ XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). /) /; AppGcantlAgent's Signature ~ D' ate (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 STREAM AND BUFFER RESTORATION PLAN ROLLINGWOOD SUBDIVISION, SECTION I, LOTS 33 - 34 (Prepared by Robin M. Little, December 1; 20061 INTRODUCTION The purpose of this document is to provide information relevant to the resolution of a recent enforcement action by the North Carolina Department of Environment and Natural Resources (NCDENR), Division of Water Quality (DWQ) on Lot 33 and 34 of Rollingwood Subdivision. The subject sites are located approximately 0.6 miles east of I-85 on NC 96 east, and then 0.15 miles sOutii ou Polly P.oad, iiZ Granville County, near Oxford, North Carolina. Laverne Ragland and Jack Blackburn (Jared Liles?) currently pwn the lots in question (33 and 34) respectively. They are both approximately one-third acre+lots with existing houses and paved driveways. The house on lot 34 is currently unoccupied. In 2003, compliance inspections by DWQ revealed an unauthorized stream relocation and buffer violation behind lots 14 through 33 on Polly Road in Rollingwood Subdivision. Mr. Morton Bergen and Mr. Jack Blackburn were cited for their involvement in the unauthorized activities, and efforts have been underway since to resolve this issue. This restoration plan addresses only the impacts associated with the construction of houses on lots 33 and 34 by Mr. Jack Blackburn. Lot 34 was later sold and since the driveway crossing on that lot was within the allowable limits shown on the "Table of Uses" (Driveway crossings with less than 251ineaz feet of stream impacts or less than 2500 square feet of buffer impacts are considered exempt from notification.) in the Taz- Pamlico River Riparian Buffer Rules (I SA NCAC 2is u.luv) and the remaining surface within the buffer is effectively vegetated with grass, only lot 33 is addressed in this document. The following information is presented in this document: 1. A description of existing conditions on the subject site. 2. A stream restoration plan to connect with the stream restoration plan for the upper reaches of the stream in question. 3. A planting plan to restore woody vegetation to the riparian buffer zone. 4. A monitoring plan to comply with restoration guidelines. 5. A planting schedule. EXISTING CONDITIONS On August 26~', 2006, Robin Maycock Little, Licensed Soil Scientist and Environmental Scientist, visited the subject site (lots 33 and 34) in order to observe the existing conditions. The unnamed tributary to Fishing Creek that was relocated runs behind lots 14 through 33 and in front of lot 34. The following table shows the approximate area of infringement on the riparian buffer by the existing houses. EXISTING IMPERVIOUS AREA WITHIN BUFFER ZONES I AND II LOT # AREA s . ft. ZONE I s . ft. ZONE II .ft. 36 2.5. 0 2.5 35 380 0 380 34 1250 56 1193 33 337 771 1108 The relocated stream has been pushed back against a steep slope, above which is a mixed pine-hardwood forest stand. The stream runs into a 24=inch diameter reinforced concrete pipe (RCP) and there is a significant amount of wetland and riparian tree, shrub and herbaceous plant species growing around`the stream channel. THe outlet of the 24-inch RCP meets with a 24-inch stormwater pipe (RCP) in a hole in the middle of the grassed yard on Lot 34. The inlet to the downstream channel also is visible in the 3 foot by 3 foot by 2.5-foot hole, and the outlet was observed in the stream channel, beyond the driveway for Lot 33, in the woods. Debris was observed in the hole; grass clippings, trash and some construction materials. The 24-inch RCP for the stream channel behind the house on Lot 34 appears to be undersized. Roof drains were not directed to sheet flow within the buffer and there appeazed to be the potential for overflow or flooding due to the small size of the pipe, excessive vegetative growth and the debris accumulation in the "hole". The upper reach of the relocated stream channel (behind lots 14 - 34) is only about 2 feet wide and 6 - 10 inches deep, in August. The existing driveway culvert appears to be acting as grade control for this reach as the outlet was slightly perched above the stream bed surface. The existing conditions are shown in the site plan referenced as Figure 1. HYDROLOGY The subject site is located within the Tar-Pamlico River Basin, on an unnamed tributary to Fishing Creek. Fishing Creek is classified in 1990 by DWQ, as Class C, Nutrient Sensitive Waters and the index number for the entire creek from its source to the Tar River is 28-11. The tributary flows to the northwest, to Fishing Creek, with the subject site in its headwaters. The Tar River Basin is catalogued by the as Cataloging Unit 03020101 by the U.S. Geological Service (USGS) and Granville county is mapped as 177. The subject site is located in Sub-basin 04, in the northernmost headwaters of the Tar River Basin and in the Fishing Creek watershed. The NCDENR Weiland Restoration Program (now Ecosystem Enhancement Program or EEP) Basinwide Wetlands and Riparian Restoration Plan (1996) due to non-point sources of pollution, primarily sediments, have prioritized sub- basin 04 for restoration activities. PLANT AND ANIMAL COMMUNITIES Vegetation on the site is grassed lawn and ornamental shrubs, with'a cluster of riparian vegetation around the 24 inch pipe on the stream channel, and mixed pine hardwood stands behind the existing lots. Wildlife is typical for a suburban setting in a Piedmont physiographic region. Deer, small rodents and birds often subsist within pockets of habitat in and around suburban developments similar to Rollingwood. SOILS AND GEOLOGY Soils on the site are mapped aspredominately an Appling- Cecil association with Chewacla soils in the drainage way of the stream. Chewacla soils are listed as "B" soils on the Hydric soils lists in that they are not hydric, but may have,, inclusions of hydric soils within the map unit. (See Figure 2, Sheet l 0 of the Granville County Soil Survey, published in 1997 by the USDA Natural Resources Conservation Service.) No wetlands or hydric soils were observed during the site inspection. The subject site is generally underlain by mixtures of granitic gneiss, mica schist and mica gneiss, mapped by the U.S. Geological Service as the Raleigh Belt and predominantly composed of metamorphosed felsic intrusives that weather to kaolinitic, loamy surface soils. ([JSDA, NRCS Granville Soil Survey, page 100.) STREAM RESTORATION PLAN The goal of a stream restoration plan is to construct a stream channel that has a stable pattern, dimension and profile that will successfully transport and/or deposit sediment load in a given stream. Successful establishment cf rparian vegetation plays an integral part in stream bank stabilization and wildlife habitat enhancement. The goal of this stream restoration project is to stabilize the existing stream channel and to conform with the proposed stream restoration immediately upstream in terms of pattern, dimension and profile. Stream functions such as maintenance of existing water quality and wildlife habitat will be restored to the greatest extent possible. Basically, removal of the 16.5 feet of 2Y-inch ilia.=.eter pipe from the existing channel and some stream bank stabilization with planted and the existing vegetation will accomplish these goals. The thick growth of riparian vegetation that has grown up around the stream channel could be used as plant material for the site and replanted in a more even distribution adjacent to the stream channel. The existing 36-inch culvert under the driveway on lot 33 will act as grade control for this minor length of stream channel. NATURAL C>H[ANNEL DESIGN The subject site. is located in an urbanized watershed, with associated increases in impervious surface. Current literature for bankful hydraulic stream geometry relationships in rural and urban Piedmont streams emphasizes the uncertainty of successful stream restoration in watersheds with high impervious surface percentages and consequently high stormwater inputs. Hydraulic geometry statistical relationships were used from the "Stream Restoration - A Natural Channel Design Handbook" by the Stream Restoration Institute, (NCSU/NCDENR, 2002.) Also, the "Stream Mitigation Guidelines Handbook" (USAGE, DWQ, NRCS and NCWRC, 2003) was used to estimate surface flows and width/depth ratios for the subject site. Almost no reference data exists for streams with wwrp,~hP i~ of less then 0.2 square miles. Although limited reference reach data is available for small stream settings in small urbanized drainage areas with similaz levels of disturbance to the stream channel vicinity, the best reference reach is located immediately downstream of tie subject site. The stream channel there is relatively undisturbed, and exhibits similar. characteristics to the undisturbed stream channel upstream of the subject site. ' r The drainage azea for the subject stream channel is approximately 7 acres or 0.01 square miles, with storm water inputs from NC 96 and from storm water generated within the subdivision. This is a very small drainage azea, as typically reflected in a headwater stream located in the Piedmont physiographic region. The relocated stream channel was observed to be less than 1 foot deep, with some erosion ongoing. The reference channel located downstream is approximately 3 feet wide and about 2.5 feet deep. Basically simulating those dimensions, but downscaled slightly to fit the existing 36-inch pipe should be sufficient. The existing stream channel upstream and the invert of the existing pipe inlet downstream will also dictate the slope. The restored stream channel will be stabilized using log or rock weirs, and ~~ill be designed to maintain natural substrate similar to that in the stream channel downstream. Live staking and replanting of existing vegetation along the disturbed stream banks will be used immediately after removal of the pipe to stabilize the channel. I recommend that this work be done at the same time that the upstream channel is restored. Planting and live staking should be completed during the dormant winter season and in order to allow root establishment prior to the drier summer months. A one-time fertilizer application at the roots of each planting of slow release N-P-K fertilizer is recommended. ,,y 4 ~ P}~LANTING ,SCHEDULE The planting schedule is as~follows: ` ''i~ Date ' .:~; AMion ~~~~January,2006 `: ~ `~ - ~.,Jan,~ 2006 ~~~ February 2006, . ; March =May 2006 Remove pipe, stabilize with weirs Replant and live stake stream banks Monitor for stability Monitor plant survival. R~~l~': y„`:,v .~ ~ h .. ~Y~i~~ y~ ~t~f }J~'f~JFi 4r;+e ~~- ~I i;K}Y~7~, . '." kf .. The plants observed in the existing stream channel were predominantly willow, river birch, sweet gum, red maple and honeysuckle. Live staking of willow from the existing plant stock on site, and additional staking of forsythia, silky dogwood and other suitable species will protect the stream bank, and will exceed the required vegetation density for the riparian buffer restoration. While the existing house and driveway will prevent even. spacing of trees and shrubs, higher density could be used within Zone Y to offset this loss of riparian vegetation. Also, since trees cannot be planted too close to the house, smaller s~bs and dwarf varieties could be used in Zone II. Awell-maintained lawn will also provi~te stability and pollutant removal as well. The roof drains should either be duected,to, level splash plates to promote diffuse flow and prevent erosion, or directed to a small bvet detention area or rain garden if possible. The area around the existing willow tree in the front of the house would be a preferred location for this, if the roof drains can be directed to flow to the front of the house. A small depression with appropriate plantings would disperse and treat any roof runoff before it entered the riparian zone. SIfMMARY This restoration plan is very simple, due to the existing limitations placed on the stream ,geometry and planting plan by the proximity to existing houses. With appropriate sediment and erosion control practices and effective communication and coordination with Mr. Bergen's' consultants, tnis small part of the overall restoration of the su';ject stream channel should not require extensive time, materials or cost. Removal of the existing pipe, stream channel stabilization, and replanting and live staking should all happen in rapid succession within the dormant season. The effective area of the proposed replanted riparian zones may be slightly reduced, but with appropriate planning and design, water quality downstream should be adequately protected. t ~ 1, J t ~ p ((~~ /• ` `V' -, nn~mu ay A t ~ Z' ~ ~ ~ ~ ~~ V ~ y 1 fa t ~ X10 ~ M 1~\..../ ~ ~~ ~ e ~ r '.lave 9~w~~M .S i wi ~ ~:.. / • . .~J ~ ~ l ~ ~ ` , ,* ~ • r ~.xY t A' ~ ~ 'g'4 av `al "?s ', ii ~ r .. 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