HomeMy WebLinkAbout20111122 Ver 2_401 Application_20120105O�ot W AT F9�G
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a. u2.
Office Use Only
Corps action ID no
DWQ project no
Form Version 13 Dec 10 2008
Page 1 of 11
PCN Form — Version 1 3 December 10 2008 Version
Pre- Construelhon Notification PC Form
A Applicant Information
1
Processing
1 a
Type(s) of approval sought from the
Corps
❑ Section 404 Permit ❑ Section 10 Permit
1 b Specify Nationwide Permit (NWP) number or General Permit (GP) number
1 c
Has the NWP or GP number been venfied by the Corpse
❑ Yes ❑ No
1 d
Type(s) of approval sought from the DWQ (check all that apply)
❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization
le
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification
❑ Yes ❑ No
For the record only for Corps Permit
❑ Yes ❑ No
1f
Is payment into a mitigation bank or in lieu fee program proposed for mitigation
of impacts? If so attach the acceptance letter from mitigation bank or in lieu
fee program
❑ Yes ® No
1g
Is the project located in any of NC s twenty coastal counties If yes answer 1 h
below
❑ Yes ® No
1h
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ® No
2
Project Information
2a
Name of project
Carey Residence 1803 Chester Rd
2b
County
Wake
2c
Nearest municipality / town
Raleigh
2d
Subdivision name
2e
NCDOT only T I P or state
project no
3
Owner Information
3a
Name(s) on Recorded Deed
Raymond E Carey IV and spouse Kathryn E Carey
3b
Deed Book and Page No
Book 11330 page 1582
3c
Responsible Party (for LLC if
applicable)
3d
Street address
1803 Chester Road
3e
City state zip
Raleigh NC
3f
Telephone no
3g
Fax no
LDENR
3h
Email address
R WATE a
R. Qtn ater aran&
Page 1 of 11
PCN Form — Version 1 3 December 10 2008 Version
B
Project Information and Prior Project History
1
Property Identification
1a
Property identification no (tax PIN or parcel ID)
003328976
lb
Site coordinates (in decimal degrees)
Latitude Longitude
(DD DDDDDD) ( DD DDDDDD)
1c
Property size
acres
2
Surface Waters
2a
Name of nearest body of water (stream river etc ) to
ut southeast prong beaver dam creek
proposed project
2b
Water Quality Classification of nearest receiving water
2c
River basin
Neuse river basin
3
Project Description
3a
Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application
Project is located in the front yard of the Carey Residence The existing conditions are fading and severty steep stream
banks with exiting vegetation that is stressed because of exposed roots There is an exposed sewer line and banks that
are sloughing due to eroision from the existing city street and city catch basin Storm water run off from the street is a
major contnbuter to probles with the existing structure We would like to cover and protect exposed sewer line
3b
List the total estimated acreage of all existing wetlands on the property
0
3c
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
85 feet
3d
Explain the purpose of the proposed project
The project entails the restoration and enhancement of the existing stream banks Proper rock placement on the top of
the bank and laying the bank back were appropriate Once the banks are reformed and stable the use of mulch and
several plantings along the tops of the bank will completed We plan to restore the existing head wall at the end of the
existing road drainage culvert to impove the existing structure No work planned in the channel No equipment will be in
the channel All work will be done from the top of the bank which will include hand tool work and the use of a bobcat for
rock placement Planting of container plants and bare root plant materad will also be included in the bank enhancement
project The head wall restoration will mtad a stone veneer wing wall using rock and mortar all created by hand so that we
can cover up the city sewer line and improve the drainage and looks on top of the culvert drainage pipe Stabilize the
buffer area in and around the sewerhne and associated structure
3e
Describe the overall project in detail including the type of equipment to be used
The project entails the restoration and enhancement of the existing stream banks Proper rock placement on the top of
the bank and laying the bank back were appropriate Once the banks are reformed and stable the use of mulch and
several plantings along the tops of the bank will completed We plan to restore the existing head wall at the end of the
existing road drainage culvert to impove the looks and overall drainage situation No work planned in the channel All
work will be done from the top of the bank which will include hand tool work and the use of a bobcat for rock placement
Planting of contaaner plants and bare root plant materad will also be included in the bank enhancement project The head
wall restoration will intact a stone veneer wing wall using rock and mortar all created by hand so that we can cover up the
city sewer line and improve the drainage and looks on top of the culvert drainage pipe
Page 3 of 11
PCN Form — Version 1 3 December 10 2008 Version
4
Jurisdictional Determinations
4a
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes El No El Unknown
project (including all prior phases) in the past
Comments Stream determination made mterminate stream
4b
If the Corps made the jurisdictional determination what type
El Preliminary El Final
of determination was made?
4c
If yes who delineated the jurisdictional areas?
Agency /Consultant Company dwq
Name (if known) Katie Memt
Other
4d
If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
Letterattached
5
Project History
5a
Have permits or certifications been requested or obtained for
❑ Yes ❑ No ® Unknown
this project (including all prior phases) in the past?
5b
If yes explain in detail according to help file instructions
6
Future Project Plans
6a
Is this a phased project?
❑ Yes ® No
6b
If yes explain
Page 4 of 11
PCN Form — Version 13 December 10 2008 Version
C Proposed Impacts Inventory
1 Impacts Summary
la Which sections were completed below for your project (check all that apply)
❑ Wetlands ❑ Streams tributaries ® Buffers
❑ Open Waters ❑ Pond Construction
2 Wetland Impacts
If there are wetland impacts proposed on the site then complete this question for each wetland area impacted
2a
2b
2c
2d
2e
2f
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps 404 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404 other)
(acres)
Temporary
W1 ❑ P [-IT
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g Total wetland impacts
2h Comments
3 Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site then complete this
question for all stream sites impacted
3a
3b
3c
3d
3e
3f
3g
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number
(PER) or
(Corps 404 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P [:IT
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h Total stream and tributary impacts
31 Comments No impact to stream channel during buffer restoration All work from top of banks no egwpement in or around
stream channel
Page 5 of 11
PCN Form — Version 1 3 December 10 2008 Version
4 Open Water Impacts
If there are proposed impacts to lakes ponds estuaries tributaries sounds the Atlantic Ocean or any other open water of
the U S then individually list all open water impacts below
4a
4b
4c
4d
4e
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
41' Total open water impacts
4g Comments
5 Pond or Lake Construction
If pond or lake construction proposed then complete the chart below
5a
5b
5c
5d
5e
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f Total
5g Comments
5h Is a dam high hazard permit required
❑ Yes ❑ No If yes permit ID no
51 Expected pond surface area (acres)
5j Size of pond watershed (acres)
5k Method of construction
6 Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer then complete the chart below If yes then individually list all buffer impacts
below If any impacts require mitigation then you MUST fill out Section D of this form
6a
® Neuse ❑ Tar Pamlico ❑ Other
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b
6c
6d
6e
6f
6g
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary
impact
required?
131 ®P ❑T
El Yes
® No
B2 ❑ P ❑ T
❑ Yes
❑ No
B3 ❑P ❑T
El Yes
❑ No
6h Total buffer impacts
6i Comments Protection of the exitsting structure which is an exposed sewer pipe is a main pnonty
Page 6 of 11
PCN Form — Version 1 3 December 10 2008 Version
D Impact Justification and Mitigation
1 Avoidance and Minimization
1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
2 Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State
2a Does the project require Compensatory Mitigation for
impacts to Waters of the U S or Waters of the State?
❑ Yes ❑ No
2b If yes mitigation is required by (check all that apply)
❑ DWQ ❑ Corps
2c If yes which mitigation option will be used for this
projects
❑ Mitigation bank
El Payment to in lieu fee program
❑ Permittee Responsible Mitigation
3 Complete if Using a Mitigation Bank
3a Name of Mitigation Bank
3b Credits Purchased (attach receipt and letter)
Type
Quantity
3c Comments
4 Complete if Making a Payment to In lieu Fee Program
4a Approval letter from in lieu fee program is attached
❑ Yes
4b Stream mitigation requested
linear feet
4c If using stream mitigation stream temperature
❑ warm ❑ cool ❑cold
4d Buffer mitigation requested (DWQ only)
square feet
4e Riparian wetland mitigation requested
acres
4f Non riparian wetland mitigation requested
acres
4g Coastal (tidal) wetland mitigation requested
acres
4h Comments
5 Complete if Using a Permittee Responsible Mitigation Plan
5a If using a permittee responsible mitigation plan provide a description of the proposed mitigation plan
Page 7 of 11
PCN Form — Version 1 3 December 10 2008 Version
6 Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑Yes ❑ No
6b If yes then identify the square feet of impact to each zone of the npanan buffer that requires mitigation Calculate the
amount of mitigation required
Zone
6c
Reason for impact
6d
Total impact
(square feet)
Multiplier
6e
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
15
6f Total buffer mitigation required
6g If buffer mitigation is required discuss what type of mitigation is proposed (e g payment to private mitigation bank
permittee responsible riparian buffer restoration payment into an approved in lieu fee fund)
6h Comments
Page 8 of 11
PCN Form — Version 1 3 December 10 2008 Version
E
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1
Diffuse Flow Plan
1a
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b
If yes then is a diffuse flow plan included? If no explain why
❑ Yes No
❑
Comments
2
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
%
2b
Does this project require a Stormwater Management Plan?
❑ Yes ❑ No
2c
If this project DOES NOT require a Stormwater Management Plan explain why
2d
If this project DOES require a Stormwater Management Plan then provide a brief narrative description of the plan
❑ Certified Local Government
2e
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3
Certified Local Government Stormwater Review
3a
In which local government s jurisdiction is this project?
❑ Phase II
3b
Which of the following locally implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply)
❑ Water Supply Watershed
❑ Other
3c
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4
DWQ Stormwater Program Review
❑ Coastal counties
4a
Which of the following state - implemented stormwater management programs apply
❑ HQW
❑ ORW
(check all that apply)
❑ Session Law 2006 246
❑ Other
4b
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5
DWQ 401 Unit Stormwater Review
5a
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 11
PCN Form — Version 1 3 December 10 2008 Version
F
Supplementary Information
1
Environmental Documentation (DWQ Requirement)
la
Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes
❑ No
use of public (federal /state) land?
lb
If you answered yes to the above does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c
If you answered yes to the above has the document review been finalized by the
State Clearing House? (If so attach a copy of the NEPA or SEPA final approval
letter)
❑ Yes
❑ No
Comments
2
Violations (DWQ Requirement)
2a
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500) Isolated
Wetland Rules (15A NCAC 2H 1300) DWQ Surface Water or Wetland Standards
❑ Yes
❑ No
or Riparian Buffer Rules (15A NCAC 2B 0200)?
2b
Is this an after the -fact permit application?
❑ Yes
❑ No
2c
If you answered yes to one or both of the above questions provide an explanation of the violation(s)
3
Cumulative Impacts (DWQ Requirement)
3a
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
❑ No
additional development which could impact nearby downstream water quality?
3b
If you answered yes to the above submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy If you answered no provide a short narrative description
4
Sewage Disposal (DWQ Requirement)
4a
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
Page 10 of 11
PCN Form — Version 1 3 December 10 2008 Version
5 Endangered Species and Designated Critical Habitat (Corps Requirement)
5a Will this project occur in or near an area with federally protected species or
❑ Yes ❑ No
habitat?
5b Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ❑ No
impacts?
❑ Raleigh
5c If yes indicate the USFWS Field Office you have contacted
❑ Asheville
5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
6 Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑ No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
7 Historic or Prehistoric Cultural Resources (Corps Requirement)
7a Will this protect occur in or near an area that the state federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑ No
status (e g National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b What data sources did you use to determine whether your site would impact historic or archeological resources?
8 Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA designated 100 year floodplain?
❑ Yes ❑ No
8b If yes explain how project meets FEMA requirements
8c What source(s) did you use to make the floodplain determination?
Applicant/Agents Printed Name
plicant/Agent s Signature
to
(Agents signature is valid only if an authorization letter from the applicant
is provided
Page 11 of 11
PCN Form — Version 1 3 December 10 2008 Version
11
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waktid P E Dee Freeman
Governor Director Secretary
January 3 2012
DWQ Project # 2011 1122
Wake County
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
#7003 2260 0005 5380 8818
Ray Carey
1803 Chester Road
Raleigh NC 27608
Subject Property 1803 Chester Rd, Raleigh, NC
UT to Southeast Prong Beaverdam Creek
On Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC
02B 0233) Appeal
Dear Mr and Mrs Ray Carey
On December 20 2011 at the request of Matt Roberts Katie Merritt and Penann Russell from the
Division of Water Quality (DWQ) conducted an on site determination to review a stream feature located
on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 02B 0233) The feature
is labeled as A on the attached map initialed by me on December 29 2011 Staff from the DWQ
Raleigh Regional Office (RRO) had previously conducted an on site determination of this stream on
January 26 2005 A letter dated November 17 2011 was sent by your acting agent Matt Roberts to
Karen Higgins with DWQ This letter requested that DWQ perform a determination of the stream feature
on the subject property The previous owner of this property faded to properly notify you about the
stream determination that was made on January 26 2005 Therefore DWQ determined to reevaluate the
stream as an appeal to the previous stream determination and determine if it is still at least intermittent
At Mr Robert s request Ms Merritt and Ms Russell conducted an appeal of the stream determination
made by the RRO as stated above During the review they evaluated the stream using the NCDWQ
Stream Identification Form Version 4 11 They evaluated the stream reach labeled as A on the attached
map and calculated the score to be 26 5 points The form states that if the score is greater than or equal
to 19 points the stream is at least intermittent
The DWQ has determined that the stream labeled as "A" on the attached map is at least
"intermittent and is subject to the Neuse Buffer Rule throughout the subject property (15A
NCAC 02B 0233)
This determination shall replace the determination onginally performed by the Raleigh Regional —
Office and shall expire five years from the date of this letter
Wetlands Buffers Starmwater Compliance and Permitting Unit (WeBSCaPe)
1650 Mad Service Center Raleigh North Carolina 276991b50 NorthCaT011na
Phone 919 807 6300 1 FAX 919 807 b494
Internet http Opportunity ncdenr orgtweb/Yiq/ws E Aaiu�a!!�
An Equal Opporiumry 1 AHinnatrve Action Employer 6B6 lv/
Mr & Mrs Ray Carey
Page 2 of 2
January 3 2012
You can contest the Director s decision as provided to Articles 3 and 4 of G S I SOB To contest the
Directors decision you must file a petition for an administrative hearing You may obtain the petition
form from the office of Administrative hearings You must file the petition with the office of
Administrative Hearings within sixty (60) days of receipt of this notice A petition is considered filed
when it is received to the office of Administrative Hearings during normal office hours The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8 00am and
5 OOpm except for official state holidays The original and one (1) copy of the petition must be filed with
the Office of Administrative Hearings
The petition may be faxed provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission
The mailing address for the Office of Administrative Hearings is
Office of Administrative Hearings
6714 Mail Service Center
Raleigh NC 27699 6714
Telephone (919) 431 3000 Fax (919) 431 3100
A copy of the petition must also be served on DENR as follows
Ms Mary Penny Thompson General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh NC 27699 1601
This stream and its associated buffers should be identified on any future plans for this property The
owner (or future owners) should notify the DWQ (and other relevant agencies) of this decision in any
future correspondences concerning this property
This letter only addresses the applicability to the buffer rules and does not approve any activity within the
buffers Nor does this letter approve any activity within Waters of the United States or Waters of the
State If you have any additional questions or require additional information please call Katie Merritt at
(919) 807 6371 This determination is subject to review as provided in Articles 3 & 4 of G S 150B
Sincerely
Charles Waktld E
CW/kah/kym
Enclosures Wake County GIS Map and NC DWQ Stream ID form Version 4 11
cc Danny Smith DWQ Raleigh Regional Office
File Copy
Filename 111122_1803 Chester Rd (Wake) appeal doc
20 1 1 1 12 2
NC MCI %tresm Idenhfieshnn Form Vernon 4 11
Date a p
Projewsite 00
Weak
Latitude
Evaluator
�n� n
wig C
County (J�VQ,
Longitude
Total Pointe C
Stream u at least intermittent ] /j
Ca
Stream bete ircle one)
Ephemeral
Other
Quad Name
0
ntermitte rennial
e g
d> 19 or nnral d z 30
3 In channel structure ex riffle pool step pool
ripple pool sequence
0
9
A Geomorphology Subtotal = LL
Absent
Weak
Moderate
Stro n
18 Continuity of channel bed and bank
0
1
2
3
2 Sinuosity of channel along thatweg
0
1
05
3
3 In channel structure ex riffle pool step pool
ripple pool sequence
0
1
1
3
4 Particle size of stream substrate
0
1
2
15
5 Activelrellct floodplam
No 0
1
2
3
6 Depositwnal bars or benches
0
1
2
1
7 Recent alluvial deposits
0
1
2
3
8 Headcuts
15
1
2
3
9 Grade control
1
05
1
15
10 Natural valley
0
05
1
15
11 Second or greater order channel
N - 0
Yes = 3
° artificial ditches are not rated see discusAws in manual
R bivcirninnv lSuhtntal = I7 1
12 Presence of Baseflow
0
1D
2
3
13 Iron wadizmg bacteria
0
3
2
3
14 Leaf Irtter
15
1
05
0
15 Sediment on plants or debns
0
5
1
15
16 Organic debris lines or piles
0
1 05
1
15
17 Sal based evidence of higq water table9
No 0
Ye =
C Blolow (Subtotal = LU ) I, W — •
18 Fibrous roots in streambed
2
1
0
19 Rooted upland plants in streambed
3
2
1
0
20 Macrobenthos (note diversity and abundance)
CO)
1
2
3
21 Aquabc Mollusks
1
2
3
22 Fish
05
1
is
23 Crayfish
05
1
15
24 Amphibians
05
1
15
25 Algae
0
05
1
16
26 Wetland plants in streambed
FACW = 0 75 OBL =1 5 Other = 0
perennial streams may also be identified using other methods See
p 35 of manual
Notes
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