HomeMy WebLinkAbout20070729 Ver 1_401 Application_20070407ENGINEERING, INC.
Apri124, 2007
Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: Pre-Construction Notification (PCN) Application Form
Bull Mountain
Wilkes County, North Carolina
Shield Project No. 1060244-01
To Whom It May Concern:
K~.= ,i=~U~D
07.0729
Enclosed you will find seven (7) copies of the Pre-Construction Notification (PCN)
Application Form for a project that is located in Wilkes County, North Carolina. On
March 7, 2007, David Weikle met with Mr. Daryl Lamb at the site for his observations,
so he is currently aware of the project. We have included the Form, an attachment
showing the Impervious Area and Culvert calculations, an extra page for additional
information to part VII of the PCN form, a vicinity map showing the location of the
project, a detail and plan view of the project, and a check to cover the $475.00
submission fee.
Should you have any questions, please feel free to contact us at (704) 394-6913
Sincerely,
SHIELD ENGINEERING, INC.
'' c~Z~/" t1~~ W,
David Weikle, E.LT.
Staff Engineer
Enclosures
C. Boland, PE
pal Engineer
Q~~~~~~~
APR 2 6 2007
Cairo siroi~' R s
I~I~,Ahrojects\2006\10602~~-OI 13u11 Mcurrt~i~n\bocumerrts\f'ermlts\Submittal-b~N~~doc
4301 Taggart Creek Road Telephone 704.394.6913
www.sh ieldengineering. com
Charlotte, NC 28208 Fax 704.394.6968
Office Use Only' Form Version March OS _
0 7 0 72 9
USACE Action ID No. DWQ No.
,,. ,.
(If any particular item is not applicab-e to ttus project, please enter ivu~ r~ppiicav, ~ f I Y i t~-~l
I. Processing
RECEIVED
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:
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), check here: ^
II. Applicant Information
1. Owner/Applicant Information
Name:
Mailing Address
17
oCC~(~i;~~~ p
APR 2 b ~tuui
BRANCH
Suite 350
Cornelius NC 28031
Telephone Number: (704) 896-5880 Fax Number: (704) 896-2967
E-mail Address: LBragg(n~waterfront~p com
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: Keith Anthony -Shield En 'ngi eerin~
Company Affiliation: Principal
Mailing Address: 3401 Tag¢art Creek Lane
Charlotte NC 28208
Telephone Number: (704) 394-6913 Fax Number: (704) 394-6968
E-mail Address: KAnthony a shielden~ineering com
Page 1 of 9
III. Project Information
Attach a vicinity map cleazly 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: Bull Mountain
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 3932-77-7546
4. Location
County: Wilkes Nearest Town: Mulberry
Subdivision name (include phase/lot number): Bull Mountain
Directions to site (include road numbers/names, landmarks, etc.): From N. Wilksboro,
North on SR 18 for +/-7 miles Left on Mertie Lane, travel +/-3 miles left on Chestnut
Grove Rd Entrance to project is at the end of Chestnut Grove Rd. +/-1.5 miles.
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): 36.2766 °N 81.2455 °W
6. Property size (acres): 103.668
7. Name of nearest receiving body of water: Mill Creek
8. River Basin: Yadkin
(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/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is currently vacant woodlands. There are several
Existing "farming" roads that meander through the site, including a culvert crossing over a
Page 2 of 9
Perennial stream There are also 2 other miscellaneous culvert crossings over the same
stream near the site where an existing_barn once stood.
10. Describe the overall project in detail, including the type of equipment to be used:
Approximately 42 private residential lots will be divided and sold. The infrastructure
improvements include roadway and entrance improvements
11. Explain the purpose of the proposed work: To place three culverts in the existing streams
To facilitate roadway and future driveway crossings. Three (3) existing culverts will also be
taken out of a perennial stream and the creek banks restored to daylight the existing stream.
A bridge is also proposed over a stream crossing to eliminate a culvert placement in the
largest stream crossing.
1V. 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. N/A
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. 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 maybe included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Page 3 of 9
1. Provide a written description of the proposed impacts: Impacts will include the placement
of three (3) culverts in existing streams for the purpose of new road crossings. One (1) bridge
with a Span of thirty (30) feet will also facilitate a new road crossin og ver a perennial stream to
minimize impact to the natural steam and its surroundings. Three existing culverts will be
removed and the stream in these immediate areas will be restored to their natural state.
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, separately list
impacts due to both structure and flooding.
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)
1 Culvert No 12 0.015
Total Wetland Impact (acres) 0.015
2. List the total acreage (estimated) of all existing wetlands on the property: 0.106
3. 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
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
Perennial o~
Intermittent. Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)
1 Un-named Culvert Perennial 2-feet 34 0.0016
2 Un-named Culvert Intermittent 2-feet 108 0.0050
3 Un-named Culvert Perennial 2-foot 30 0.0014
R1, R2, R3 Un-named Culvert Perennial 3 47 0.0032
RemovaUStream
Total Stream Impact (by length and acreage) 219 0.0111
Page 4 of 9
4. 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
fill, excavation, dredging, flooding, drainage, bulkheads, 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)
N/A
Total Open Water Impact (acres)
5. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.011
Wetland Impact (acres): 0.015
Open Water Impact (acres): 0.0
Total Impact to Waters of the U.S. (acres) 0.0261
Total Stream Impact (linear feet): 219
6. 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.
7. 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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
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 maybe useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
Page 5 of 9
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 Attached
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 January 15, 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/strm~,_de.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.
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
Page 6 of 9
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):
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)
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 a NEPA/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
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
(Meuse), 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.
Page 7 of 9
Zone* Impact
(s uare feet) Multiplier Required
Miti ation
1 3 (2 for Catawba)
2 1.5
Total
3
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what
Donation of Property, Riparian Buffer Restoration /
Riparian Buffer Restoration Fund). Please attach all
within 15A NCAC 2B .0242 or .0244, or .0260.
N/A
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. Total impervious acreage AFTER ultimate
Build-out is computed to be less than 12%. See attached calculations.
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.
Individual~rivate septic-systems for each lot.
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:
Additional impacts maYoccur. The lots maybe devel~ed by future respective buyers.
type of mitigation is proposed (i.e.,
Enhancement, or Payment into the
appropriate information as identified
Page 8 of 9
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).
~yf~l,~ Q- ,-~
~«'JI07
ApplicantlAgent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
VII. Impact Justification (Avoidance and Minimization)
There were several ways that the work in the areas of impact is required even though there were
steps taken to help eliminate them. First and foremost, a bridge has been proposed at the largest
creek crossing in the center of the job. The bridge is 12-feet wide and 30-feet long. The span is
such that it does not interfere with the creek or its banks. This was done with the approval of
both the U.S. Corps of Engineers and DENR. Because of the proposed bridge, a culvert was not
needed and the banks were not disturbed.
There is a location where a 100-foot long 24" HDPE culvert pipe will be utilized to facilitate a
stream crossing for a proposed roadway. The culvert is needed because of a proposed road
crossing. The length of the culvert is required due to the fact that the creek falls in a low area
that will need to be raised to help with the grading of the roadway crossing. The road crosses
perpendicular to the creek, thereby minimizing the length of the culvert that is required.
There are two other places where culverts (24'-18" HDPE) are being proposed, and both of these
locations are under what will be driveway crossings. These culverts are in the general vicinity as
the bridge, but they do not convey water from the main channel. Instead, they are located in side
streams that feed into the main channel. The pipe lengths have been minimized to 24' each to
help eliminate the disturbed areas in and around the streams. One of them, Culvert #3, has a
settling basin at the outlet side of the pipe, helping to dissipate the energy created by the storm
runoff during heavy rain events. The other culverts have rip rap aprons below their outlets to
also help eliminate stream bottom erosion.
Finally, there are three existing 24" CMP culverts in the main stream channel that are being
removed with this plan. After the culverts are removed, the existing stream banks and bottoms
will be graded to try and replicate existing conditions as close as possible. Atypical cross
section is being proposed for grading purposes, and natural creek rocks from the near-by area
will be utilized to help transform the new sections into more natural conditions. The total length
of pipe to be removed is 47'. Because we are daylighting the existing stream by removing these
existing culverts, we are requesting credit for the 47 linear feet of restoration we are proposing
with this project. With this credit, our total disturbance to the on-site stream crossings becomes
117', which includes the 108' of intermittent (as opposed to perennial) stream disturbance.
FL\Prgjects\2006\1060244-01 Bull Mountain\Documents\Permits\PCN Report.doc
0 7 0 ~2 9
3/26/2007
Bull Mountain
Total Imoerviou~ Area Computation
Total Length of Roadways
Total Width of Roadways (pavement + shoulders)
Total Area of Impervious Roadways
Total Number of "Buildable" Residential Lots
Average "Build-Out" Impervious Area /Lot
Total Impervious Area for Lot Build-Out
Total Impervious Area
Total Site Area (See Survey Plat)
Total Site Percentage Impervious Area
= 5455 ft.
= 20 ft.
= 109,100 sf.
= 42
= 10,000 sf.
= 420,000 sf.
= 529,100 sf.
= 12.15 Ac.
= 103.668 Ac.
= 11.72%
Total Creek /Stream Length Disturbance
Culvert #1
Stream Length = 24 ft.
Rip Rap Outfall Length = 10 ft.
Total = 34 ft.
Culvert #2
Stream Length = 100 ft.
Rip Rap Outfall Length = 8 ft.
Total = 108 ft.
Culvert #3
Stream Length = 24 ft.
Settling Pool Length = 6 ft.
Total = 30 ft.
Total Stream/Culvert Length = 172
Total Culvert Removal /Stream Restoration
Culverts R1, R2, and R3 = 47 = ft.
0 7 0 72 9
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