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HomeMy WebLinkAbout20030661 Ver 2_More Info Received_20120117,� PABST & HILBUJIRiN, PA HENGINEERING & CONSULTING January 12 2012 Natalie Landry Environmental Specialist Division of Water Quality Surface Water Protection 3800 Barrett Drive ?,,%wi6 t,,ivC 27609 RE PCN Revisions for DWQ Project # 03 0661 V a. Notice of Violation - NOV 2011 PC 0588 Heritage Point Lot 12 (260 American Court, Parcel #80673) Apex, Chatham County, NC Dear Mrs Landry 911 Paverstone Drive Suite E Raleigh NC 27615 Office 919 848 4399 Fax 919 848 4395 P &H Project 183 11 R[1@[90169 P JAN 17 2012 DENR WATER QUALITY WVETUWDS AND STORMWATER BRANCH Please find enclosed the items listed below in response to the Request for more Information letter dated January 9 2012 for the above referenced parcel • Revised Stream and Buffer Impact Plans 5 Set • Revised Pre Construction Notification Form 5 Copy • Agent Authorization Form -1 Copy • Stormwater Management Plan Approval Letter -1 Copy Please do not hesitate to contact me if you need additional information or if you have any questions \ Sincerely PABST & HILBURN PA Patty E Hilburn PLS Principal Enclosure JAN 12 2012 D RaleighNF g oval Offs— e— N C Couner J4N 17 01, _ 1 I LOT NO 12 PLAN NO � PARCEL ID 80673 $TV4EETADDR _% 260 fir.i.iran Court APext NC 27502 PrOpOlty fir• §ha Harripon 1 -1 1-$ ':111."`4:2 :.A !i tFRi' • - i A. 1'R - tt X''t 1 ♦I! ;J { i .'k ` s / t/ ♦" Teteph" (319) 337.8400 i! .. A v , � 2012 J Chatha County- `'re srott�wA� CHATHAM � °"�" Stormwater Permit On the date listed below the Chatham County Stormwater Administrator received a request to consider the following application Application Date 01/09/2012 Approval Date 01/11/2012 Record Owner(s) Robert and Shauna Harrison Property Location 260 American Court Apex NC Parcel identification Number 80673 & Lot # Acreage 4637 Built Upon Area Coverage 162 ac (acres) Total Disturbed Area 162 ac No structural Stormwater BMPs are required for this project The project meets the stormwater quality and quantity requirements of the Stormwater Ordinance by ensuring that all roof downspouts shall discharge onto the surface of the Type and Number of BMPs Proposed natural ground at least 25 feet from the property boundary and that the site is graded such that all stormwater runoff shall be converted to diffuse flow before entering stream buffers in accordance with Section 165 045 (E)(i)(d)1 b (formerly Art 4 Sec 400 5 d(il)) of the Chatham County Stormwater Ordinance SECTION ! APPROVAL Having reviewed the application and all supporting materials the Stormwater Administrator has determined that the application Is complete and subject to the conditions imposed below and the proposed development meets the requirements of the Chatham County Stormwater Ordinance SECTION 2 CONDITIONS Therefore the above referenced site and land used is hereby approved and subject to all applicable provisions of the Chatham County Stormwater Ordinance Sections 3 and 4 of this permit and the following condition(s) which the Stormwater Administrator finds necessary for the proposed development to meet the intent of the ordinance 1 This permit shall be valid for a period of two years from the date of issuance unless a valid building permit has been issued and maintained for the site or the permit has been revoked by Chatham County If after two years the permitted activity has not begun nor a valid budding permit secured this permit shall expire 2 The development of the tract shall proceed in conformity to all plans design features and restrictions submitted as part of the stormwater permit application and kept on file by the Chatham County Planning Department except that the Chatham County Stormwater Administrator may approve minor changes to such plans as required by field conditions nnvirvnmenuu f4uaucy uepartment - P O Box 15SO Pittsboro NC 27312 - Phone 919 542 0945 - Fax 919 542 0058 Form SWP-1 Page 1 of 2 Septemberml y 3`!`O1fM'g►ATiw --"IT# 20`12.00. f 3 All other required applications must be received and permits must be obtained prior to the start of the work. These may include but are not limited to the following Soil Erosion and Sedimentation Control Flood Damage Prevention Subdivision Building Permits and Inspections NC Department of Transportation NC Division of Water Quality US Army Corps of Engineers and NC DENR Dam Safety 4 Upon completion of a project and before a Certificate of Completion shall be granted the applicant shall certify that the completed project is in accordance with the approved stormwater management plans and designs and shall submit actual "as- built" plans for all stormwater management measures after final construction is completed SECTION 3 VESTED RIGHTS Approval of this permit confers upon the property the right to develop with the type and intensity of use only as such relates to the requirements of the stormwater ordinance and in the manner as herein described and as shown on the approved site plan Development of the property however shall be subject to any and all future amendments to this ordinance which do not affect such type and intensity of use and shall proceed in full compliance with all other applicable local state and federal regulations SECTION 4 DEED RESTRICTION PROTECTIVE COVENANT The following italicized deed restrictions and protective covenants shall be recorded for all subdivisions outparcels and future development prior to the sale of any lot. Development of subject property is required to be in accordance with the Chatham County Stormwater Ordinance The recording of this document establishes an enforceable restriction of property usage that runs with the land to ensure that future development and /or redevelopment shall maintain the site in a manner consistent with applicable law and the approved project plans. Any alterations to the site shall not be permitted without review and approval by Chatham County SECTION 5 SEVERABILITY Invalidation of any one or more of the conditions set forth herein shall not adversely affect the balance of said conditions which shall remain in full force and effect Da LaMontagne P E Stormwater Administrator 01/11/2012 date Cc Lynn Richardson, Subdivision Administrator, Planning Department Rachael Thorn, Lead Sedimentation and Erosion Control Officer Anne Lowry, Director, Environmental Health Department Rebecca McIver, Central Permitting Coordinator Environmental Quality Department - P O Box 1550 Pittsboro NC 2 7312 - Phone 919 542 -0945 - Fax 919 542 0058 Form SwP4 Page 2 0f2 Septmnbv20f2 03 -c)4LP ap WA r�9 ��a OG Office Use Only Corps action ID no ° Y DWQ project no Form Version 14 January 2009 Pre - Construction Notification (PCN) Form A Applicant Information 1 Processing 1a Type(s) of approval sought from the Corps © Section 404 Permit ❑ Section 10 Permit 1b Specify Nationwide Permit (NWP) number Nw Zc� or General Permit (GP) number 1c Has the NWP or GP number been venfied by the Corps? ❑ Yes ® No 1d 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 For the record only for DWQ For the record only for Corps Permit because written approval is not required? 401 Certification ❑ Yes ® No ❑ 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 ❑ Yes © No or in lieu fee program 1g Is the project located in any of NC s twenty coastal counties If yes answer 1h ❑ Yes ❑X No below 1h Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes © No 2 Project Information 2a Name of project 206 American Court n. 2b County Chatham 2c Nearest municipality / town Apex IAN 7 2012 2d Subdivision name Heritage Pointe 2e NCDOT only T I P or state protect no WE SANDSTORMWNTER51C 3 Owner Information 3a Name(s) on Recorded Deed Robert James and Shauna Quenn Harrison 3b Deed Book and Page No 1533 1184 3c Responsible Party (for LLC if 3d Street address 1500 Applethom Drive 3e City state zip Apex NC 27502 3f Telephone no (919) 337 8400 3g Fax no (919) 267 -4893 3h Email address rob @harnsonfence corn Page 1 of 10 PCN Form — Version 14 January 2009 N -,f� P f17 U I, 2 2012 NC DFNR RaIPi h Regional Of'ice 4 Applicant Information (if different from owner) 4a Applicant is ❑ Agent ❑ Other specify 4b Name 4c Business name (if applicable) 4d Street address 4e City state zip 4f Telephone no 4g Fax no 4h Email address 5 Agent/Consultant Information (if applicable) 5a Name Patty E Hilburn PLS 5b Business name (if applicable) Pabst & Hilburn PA 5c Street address 911 Paverstone Drive Suite E 5d City state zip Raleigh NC 27615 5e Telephone no (919) 848 -4399 5f Fax no (919) 848 -4395 5g Email address phdbum @pabsthdburn corn Page 2 of 10 B Project Information and Prior Project History 1 Property Idenhhcation 1a Property identification no (tax PIN or parcel ID) 0702-65 -9258 1b Site coordinates (►n decimal degrees) Latitude 35 7428 Longitude 78 9765 1c Property size 4 637 acres 2 Surface Waters 2a Name of nearest body of water to proposed project White Oak Creek (Jordan Lake) 2b Water Quality Classification of nearest receiving water WS IV NSW 2c River basin Cape Fear 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 The general land use in the project site s vicinity is residential The majority of the site is wooded with a stream located along the southwestern boundary line Stormwater runoff currently sheet flows from the high point located near the north eastern comer of the property and Into the stream or into an existing recreational pond 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, 605 3d Explain the purpose of the proposed project The purpose of this project is to construct a driveway to access the residential property 3e Describe the overall project in detail including the type of equipment to be used Filling and piping approx. 65 LF of stream in order to construct a access for the property Equipment used will include 433 s 4wirtt be"-Ol^ hollers 322. C-KC.AJ Awe-, 0 v 002 - 0111 -, 6153 TpAtja t o�Da'1L� SOS t Ais ps Foar 2-01160-, 0 S 4 Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property ! project (including all nor phases) in the ast9 ® Yes ❑ No ❑ Unknown Comments Heritage Point Subdivision (Apex) 4b If the Corps made the jurisdictional determination what type of determination was made? ® preliminary ❑ Final 4c If yes who delineated the jurisdictional areas? Name (if known) Agency /Consultant Company Engineering Consulting Services Other 4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation Notification of Jurisdictional Determination for Heritage Point Subdivision February 19 2003 5 Project History 5a Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ®Yes ❑ No Unknown 5b If yes explain in detail according to "help file instructions DWQ 401 Permit 03 -0661 USACE 404 Permit Action ID 2003 20450 6 Future Project Plans 6a Is this a phased project9 ❑ Yes ® No 6b If yes explain Page 3 of 10 PCN Form — Version 14 January 2009 C Proposed Impacts Inventory 1 Impacts Summary 1a 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 Wetland impact number Permanent (P) or Temporary T 2b Type of impact 2c Type of wetland 2d Forested 2e Type of jurisdiction Corps (404 10) or DWQ (401 other) 2f Area of impact (acres) W1 Choose one Choose one Yes /No W2 Choose one Choose one Yes/No W3 Choose one Choose one Yes /No W4 Choose one Choose one Yes /No W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes /No 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 Stream impact number Permanent (P) or Temporary (T) 3b Type of impact 3c Stream name 3d Perennial (PER) or intermittent (INT)? 3e Type of jurisdiction 3f Average stream width (feet) 3g Impact length (linear feet) S1 P Culvert Tributary to Jordan Lake INT DWQ 5 56 S2 P Culvert Tributary to Jordan Lake INT DWQ 5 70 S3 Choose one S4 Choose one S5 Choose one S6 Choose one 3h Total stream and tributary impacts 126 31 Comments Stream width is top of bank to top of bank S1 36 RCP S2 42 RCP Page 4 of 10 PCN Form - Version 14 January 2009 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 indiv ually list all open water impacts below 4a Open water impact number Permanent (P) or Temporary T 4b Name of waterbody (if applicable) 4c Type of impact 4d Waterbody type 4e Area of impact (acres) 01 Choose one Choose 02 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f Total open water impacts 4g Comments 5 Pond or Lake Construction If pond or lake construction proposed, the complete the chart below 5a Pond ID number 5b Proposed use or purpose of pond 5c Wetland Impacts (acres) 5d Stream Impacts (feet) 5e Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f Total 5g Comments 5h Is a dam high hazard permit required? 0 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 vou MUST fill out Section D of this form 6a Project is in which protected basing ❑ Neuse ❑ Tar Pamlico ❑ Catawba ❑ Randleman © Other Cape Fear 6b Buffer Impact number — Permanent (P) or Temporary T 6c Reason for impact 6d Stream name 6e Buffer mitigation required? 6f Zone 1 impact (square feet ) 6g Zone 2 impact (square feet B1 P Grading UT White Oak Creek No 9 608 5 616 B2 T Grading UT White Oak Creek No 1 130 1 774 B3 T Grading UT White Oak Creek No 0 315 B4 Yes /No B5 Yes/No B6 Yes /No 6h Total Buffer Impacts 10 738 7 705 61 Comments Page 5 of 10 D Impact Justification and Mitigation 1 Avoidance and Minimization 1a Specifically describe measures taken to avoid or minimize the proposed Impacts in designing project The site will be graded such that runoff from the improvements will sheet flow through the existing stream buffers Driveways will be graded to force stormwater runoff to sheet flow into buffered areas A portion of the site consisting of woods will sheet flow to a swale located north of the driveway This swale will direct the flow to a wide bottom swale with a flat slope that will discharge the runoff into the stream buffer as diffuse flow lb Specifically describe measures taken to avoid or minimize the proposed Impacts through construction techniques The impacts were reduced by minimizing the width of the driveway and by the installing silt fence to capture sediment prior to entering the stream installing gravel on the steeper portion of the graded driveway installing a gravel construction entrance installing rock check dams and installing lute netting and seed on denuded slopes Since over siring the culverts would increase the impact on the stream the two culverts and dissipater pads were sized to adequately handle the upstream stormwater runoff to minimize the impact 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 project? ❑ Mitigation bank ❑ Payment to in lieu fee program ❑ Permlttee Responsible Mitigation 3 Complete if Using a Mitigation Bank 3a Name of Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type Choose one Type Choose one Type Choose one Quantity Quantity Quantity 3c Comments 4 Complete if Making a Payment to In lieu Fee Pro ram 4a Approval letter from in lieu fee program is attached ❑ Yes 4b Stream mitigation requested linear feet 4c if using stream mitigation stream temperature Choose one 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 Permlttee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan provide a description of the proposed mitigation plan Page 6 of 10 PCN Form — Version 14 January 2009 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 riparian 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 7 of 10 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? lb if yes then Is a diffuse flow plan Included? If no explain why The site will be graded such that runoff from the improvements will sheet flow through the existing stream buffers Driveways will be graded to force stormwater runoff to sheet flow into buffered areas A portion ❑ Yes ® NO of the site consisting of woods will sheet flow to a swale located north of the driveway This swale will direct the flow to a wide bottom swale 2 Stormwater Management Plan 2a What Is the overall percent Imperviousness of this projects 35% (Max) 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 The site will be graded such that runoff from the improvements will sheet flow through the existing stream buffers Driveways will be graded to force stormwater runoff to sheet flow into buffered areas A portion of the site consisting of woods will sheet flow to a swale located north of the driveway This swale will direct the flow to a wide bottom swale with a flat slope that will discharge the runoff into the stream buffer as diffuse flow 2e Who will be responsible for the review of the Stormwater Management Plan? Chatham County 3 Certified Local Government Stormwater Review 3a in which local government s jurisdiction is this project? Chatham County ❑ Phase II 3b Which of the following locally Implemented stormwater management programs © NSW apply (check all that apply) ® USMP Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been ❑X Yes ❑ No attached? 4 DWQ Stormwater Pro ram Review ❑Coastal counties ❑HQW 4a Which of the following state implemented stormwater management programs apply ORW (check all that apply) BSession Law 2006 246 []Other 4b Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 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 8 of 10 PION Form — Version 14 January 2009 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) Clearing and grading in both Zone 1 and Zone 2 of the stream buffer has occurred during the installation of two pipes for the construction of a residential dnveway Sediment has accumulated in the stream due to the installation of the pipes and grading of the driveway 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 Ultimately the proposed project or available capacity of the subject facility the site sewer will be treated by a septic field that will be located on the See property attached plans Page 9 of 10 PCN Form — Version 14 January 2009 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? 5c If yes indicate the USFWS Field Office you have contacted 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC OneMaps Website 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? NOAH Essential Fish Habitat Mapper Webste 7 Historic or Prehistoric Cultural Resources (Corps Requirement) 7a Will this project occur in or near an area that the state federal or tribal governments have designated as having historic or cultural preservation 13 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 deternne whether your site would impact historic or archeological resources? NC State Historic Preservation Office GIS 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'7 FEMA Map 37200702OW PATTI a t LB-Lc A-t � E \ a , r i Z.1 , 'Z► Applicant/Agent's Printed Name Date Applicant/Agent s Signature (Agent's signature is valid only if an authorization letter from the applicant is provided Page 10 of 10