Loading...
HomeMy WebLinkAbout20070156 Ver 5_401 Application_20120312March 13 2012 TO Mr Anthony Scarbraugh NC DENR Division of Water Quality 943 Washington Square Mall Waslungton NC 27889 RE Cutter Creek Subdivision Request for Additional Buffer Impacts NOV 2012 PC 0009 Dear Mr Scarbraugh 01 -oISL, V..S JLEE -� MAR 1 6 2012 As discussed in our recent meeting Mill Run Development plans to restore most of the Zone 1 buffer along Lake Nina at the Cutter Creek Subdivision as described in the approved restoration plan However the applicant requests increasing buffer impacts by 0 35 acre in three locations around the lake (Figure 1) These areas are unable to be revegetated without negatively affecting golf course play In order to mitigate for these additional impacts we propose utilizing the Mussel Run Restoration Site This site restored 5 8 acres of riparian butter l he original restoration plan proposed 0 67 acre of Zone 1 buffer impacts which required 1 875 acres of restoration (3 1 mitigation to impact ratio) This leaves a balance of 3 925 acres of Zone 1 buffer mitigation available The 0 35 acre of additional impacts will require 105 acre of buffer mitigation Therefore we have sufficient restoration acreage at this site to mitigate for the additional impacts Mr Little has worked with the golf course superintendent to develop a list of trees and shrubs from DWQ s approved table to plant around the lake (Table 1 see page 2) Trees will be planted on a 10 spacing and shrubs will be planted at three times this density They will plant the eastern side of the lake (Hole #18) and the area in the northwestern corner (above the 0 25 acre buffer impact on Hole #9) by April 141h 2012 All other areas will be planted by December 31St of 2012 I have enclosed a PCN form requesting the additional buffer impacts Please let me know if you need any other information before being able to issue a modification to the 401 WQC Thank you for your assistance with this project Sincerely _ Kim Williams Wetland Scientist 2 C Mr Glenn Keefe Mill Run Development Group LLC Mr Chip Little Ms Amy Adams DWQ Encl Table 1 List of vegetation to be planted within Zone 1 buffer at Cutter Creek Common Name Scientific Name Water Oak Quercus mgra Willow Oak O_uercus phellos Southern Red Oak O_uercus falcata River Birch Betula nigra Red Maple Acer rubrum Babylon Weeping Willow Salzx babylonica Bald Cypress Taxodium distichum Forsythia Forsythia intermedia www Imgroup net info @Imgroup net Phone 910 452 0001 Fax 910 452 0060 3805 Wrightsville Ave Suite 15 Wilmington NC 28403 P 0 Box 2522 Wilmington NC 28402 ter �. �w"! . • 11 L___6 ,. Office Use Only Corps action ID no DWQ project no Form Version 1 3 Dec 10 2008 Page 1 of 11 PCN Form — Version 1 3 December 10 2008 Version Pre - Construction Notification (PCN) Form A Applicant Information 1 Processing la, Type(s) of approval sought from the Corps ❑Section 404 Permit ❑Section 10 Permit lb Specify Nationwide Permit (NWP) number or General Permit (GP) number N/A 1c Has the NWP or GP number been verified 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 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 2a Project Information Name of project Cutter Creek Subdivision IR 1A, 2b County Greene County LOU 2c Nearest municipality / town MAR 71 6 20 2d Subdivision name Cutter Creek Subdivision 2e NCDOT only TIP or state project no OCEM 7r N/A v ,,t,"nw c , 3 Owner Information 3a Name(s) on Recorded Deed Cutter Creek Golf Club II LLC 3b Deed Book and Page No 650 057 3c Responsible Party (for LLC if applicable) 3d Street address 335 N Queen Street 3e City state zip Kinston NC 28501 3f Telephone no 3g Fax no 3h Email address Page 1 of 11 PCN Form — Version 1 3 December 10 2008 Version 4 Applicant Information (if different from owner) 4a Applicant is ❑ Agent ❑ Other specify 4b Name Mr Glenn Keefe 4c Business name (if applicable) Mill Run Development Group 4d Street address 335 N Queen Street 4e City state zip Kinston NC 28501 4f Telephone no 4g Fax no 4h Email address 5 Agent/Consultant Information (if applicable) 5a Name Kim Williams 5b Business name (if applicable) Land Management Group Inc 5c Street address 3805 Wrightsville Avenue Suite 15 5d City state zip Wilmington NC 28403 5e Telephone no (910) 452 0001 5f Fax no (910) 452 0060 5g Email address kwdliams @lmgroup net Page 2 of 11 B Project Information and Prior Project History 1 Property Identification 1a Property identification no (tax PIN or parcel ID) 0323268 Latitude 35 400373 N Longitude 77 6128 W lb Site coordinates (in decimal degrees) (DD DDDDDD) ( DD DDDDDD) 1c Property size 21684 2 Surface Waters 2a Name of nearest body of water (stream river etc ) to Rainbow Creek proposed project 2b Water Quality Classification of nearest receiving water C Sw NSW 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 Site contains existing golf course and residential subdivision Areas adjacent to the existing lake are grassed 3b List the total estimated acreage of all existing wetlands on the property — 33 ac of wetlands within entire subdivision 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property — 7 000 If within entire subdivision 3d Explain the purpose of the proposed project Buffer impacts have already occurred and the applicant now intends to restore buffer within Zone 1 of Lake Nina in order to resolve a notice of violation The applicant requests some additional buffer impact so that the buffer will not negatively affect adjacent golf play 3e Describe the overall project in detail including the type of equipment to be used The is an after the fact permit request The golf course has already been constructed and buffer impacts have already occurred The applicant will restore some sections of the buffer by April 14th of 2012 The remaining areas (outside of proposed impacts) will be planted by December 31 st of 2012 4 Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes ❑ No ❑ Unknown project (including all prior phases) in the past? Comments 4b If the Corps made the jurisdictional determination what type ❑ Preliminary ® Final of determination was made? Agency /Consultant Company 4c If yes who delineated the jurisdictional areas Land Management Group &Environmental Soil Services Name (if known) Paul Farley and Scott Stone Other 4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation Scott Jones with the ACOE approved the line in 2007 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 An IP (SAW 2007 02828) and 401 WQC (20070156) were issued for this project in 2007 6 Future Project Plans 6a Is this a phased project? ❑Yes ® No 6b If yes explain Page 3 of 11 PCN Form - Version 1 3 December 10 2008 Version Project Information and Prior Project History Page 4 of 11 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 N/A 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 T ❑ Yes ❑Corps W1 ❑ P ❑ T ❑ No ❑ DWQ El Yes ❑ Corps W2 ❑ P ❑ T ❑ No ❑ DWQ ❑ Yes ❑ Corps W3 ❑ P ❑ T ❑ No ❑ DWQ ❑ Yes ❑ Corps W4 ❑ P ❑ T ❑ No ❑ DWQ ❑ Yes ❑ Corps W5 ❑ P ❑ T ❑ No ❑ DWQ 2g Total wetland impacts 2h Comments 3 Stream Impacts N/A 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) ❑ PER ❑ Corps S1 ❑ P ❑ T ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ ❑ PER ❑ Corps S3 ❑ P ❑ T ❑ INT ❑ DWQ ❑ PER ❑ Corps S4 ❑ P ❑ T ❑ INT ❑ DWQ 3h Total stream and tributary impacts 31 Comments Page 5 of 11 PCN Form — Version 1 3 December 10 2008 Version 4 Open Water Impacts N/A 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 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 T 01 []PEI T 02 ❑P ❑T 03 ❑ PEI T 04 ❑P ❑T 41f Total open water impacts 4g Comments 5 Pond or Lake Construction N/A If pond or lake construction proposed the 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 See attached site plan for details 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 E] 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 T impact required? B1 ®P ❑ T Course UT to Rainbow Creek � Nos 016 B2 ®P ❑ T Course UT to Rainbow Creek Z Nos 0 06 B3 ®P ❑ T Coons UT to Rainbow Creek E Nos 013 6h Total buffer impacts 035 N/A 61 Comments Applicant has already impacted 0 62 ac of Zone 1 and 0 01 acre of Zone 2 buffer Page 6of11 D Impact Justification and Mitigation 1 Avoidance and Minimization 1 a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project The applicant attempted to minimize buffer impacts as much as possible However some impacts were needed to allow the existing golf fairways on either side of the lake lb Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques Impacts have already occurred 2 Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State N/A 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 ❑ Permittee Responsible Mitigation 3 Complete if Using a Mitigation Bank N/A 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 N/A 4a Approval letter from in lieu fee program is attached ❑ Yes 4b Stream mitigation requested N/A 4c If using stream mitigation stream temperature ❑ warm ❑ cool ❑cold 4d Buffer mitigation requested (DWQ only) N/A square feet 4e Riparian wetland mitigation requested N/A acres 4f Non riparian wetland mitigation requested N/A acres 4g Coastal (tidal) wetland mitigation requested N/A acres 4h Comments 5 Complete if Using a Permittee Responsible Mitigation Plan N/A 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 ® Yes ❑ No buffer mitigation? 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 6c 6d 6e Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 Golf Course 15 246 3 (2 for Catawba) 45 738 Zone 2 1 , 1 5 6f Total buffer mitigation required 45 738 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) The applicant restored 5 8 acres of buffer at the Mussel Run Mitigation Site in 2007 Using a 31 mitigation to impact ratio credits from this restoration are still available Therefore the applicant proposes utilizing existing buffer restoration credits from this site 6h Comments Page 8 of 11 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 npanan 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? None 2b Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c If this project DOES NOT require a Stormwater Management Plan explain why Development has already occurred within this site 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 NIA 3a In which local government s jurisdiction is this project? ❑ Phase II ❑ NSW 3b Which of the following locally implemented stormwater management programs ❑ 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 NIA ❑ Coastal counties ❑ HQW 4a Which of the following state implemented stormwater management programs apply ❑ ORW (check all that apply) ❑ Session Law 2006 246 ❑ Other 4b Has the approved Stormwater Management Plan with proof of approval been Yes E] No attached? 5 DWQ 401 Unit Stormwater Review NIA 5a Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? r ❑ 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? 1 b 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)? 1 c 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 ❑ Yes No ❑ letter ) 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) The on site buffer restoration plan was not implemented because of a change in management at the site During this transition the on site mitigation requirements regarding buffers around Lake Nina were not communicated to the new partners or golf course designers 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 Development has already occurred on site 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 City of Kinston and Greene County operate the wastewater system 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? The NC Natural Heritage Program GIS layer was used to determine the presence of federally listed species No federally protected species in or near the site were noted 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? The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish Habitat No EFH or HAPC were noted within or adjacent to the project site 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 ® 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? The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of cultural or historic resources Glenfield Crossroads Commissary is noted at the intersection of Hwy 123 and Hwy 58 This project will not affect this structure 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? The NC Floodplain Mapping Information System website was used to determine the boundaries of the 100 year floodplain Kim Williams �,.i 3/14/2012 Applicant/Agent s Printed Name Date Applicant/Agent s Signature (Agents signature is valid only if an authorization letter from the applicant is rovided Page 11 of 11 I ,,- II GH T \9� heat qp 'Boundaries are approximate and are not meant to be absolute. Map Source: North Carolina Atlas & Gazetteer. Pg 64.2003 Cutter Creek Plantation Greene County, NC LMG Mill Run Development Group LA ID MANAGEMENT GROUP—. 40-06-303P I — Environmental Consultants —'0 ARM ti Ir J eTton y4y + RD, �kEAN R�..-- l T ay I ros" n x SCALE 1" = 1 Mile Figure 1 Vicinity Map ?�0 AW WT ,9 2Za• X216 �'� ,r " Qi2'% Pol locK , x..... ' q0� i 23s xo } �. / Ra nbow ' —` 3 � v Ra1nb6Yr•_� Cem Ch i cam - \, 231 I • �—�! _. � 41111 . i MOOier �!' C u19nfMW y GlenBeld -�- -�_ �!` Crossroads � f•/ 25.5.. , �,, �� - .� .� ... ... �, - - _ cem 29 - i �l�� r' Ito •. `� *Boundaries are approximate and are not meant to be absolute. MENi Map Source: Hookerton & Snow Hill Quadrangles 7.5 minute (topographic) 1990. SCALE 1" = 2000' Cutter Creek Plantation Greene County, NC AI�LMG Figure 2 Mill Run Development Group LAND MANAGEMENT GROUPmc USGS Topographic Map 40- 06 -303P — Environmental Consultants *Boundaries are approximate and are not meant to be absolute. Map Source: NRCS Soil Survey. Cutter Creek Plantation Greene County, NC Mill Run Development Group 40- 06 -303P AI�LMG LAND MANAGEMENT GROUP ,mc Environmental Consultants mmmmi SCALE 1" = 1200' Figure 3 Soils Map Z LOZ g0R'n p8SIAGJ ,OOZ - J :DlvoS dNl 0HV0 HiHON `AiNnoo �]N]]H!D c� 0 oot, ooz 001 o o- NOUVIN`d d >1DE]HO H311 no c9 `dNIN IAVd ' � 3HnoId T uoileoolam ya;io posodoad 0 I m (00 96.0) SLOddW � I a3na 03SOdONd W10i Aj sen8HS /S33a1 HilM 8311na k000m 03SOdo6d Baru a3sodoad llWl'I NOLLd3Nf130 WV3a1S bM0 ONOd/3NVl 03SOdOad 83ddne sSV89 03NIViNIVW ONLLSIX3 �- oe 60 dwl aalln8 idWaxo :oe ZO.O :13edwi aalln8 (apin� X00 Beal 6uPl!H/Aemu00.JE (auoz siy; iy ;inn uoi;e6i;iw ja}}nq ON) aa}}nq pa sea6 pouie;uiew ;o s;iwi-1 /) ae 90.0 q�edual aalln8 leuoilipp 2 � 2 ae 80.0 :}aedual aalln8 n •L owi m a Z6oZ `4306 I!jdv Aq Mueld 89 10B 6VO :jaedual aolln8 jdwax3 :wea woaj loedwi aalln8 ae EVO .05 :jaedwl a9jjn8 leuoilippd 00 /?o oti Aemll!ds (aua6J6w3 posodad _ ae 9V0 :jaedwl aajjn8 leuoilippd ae 5Z•0 :jaedual aalln8 UOZ `4306 I!jdv Aq Palueld a8 01 alems a6eulej4 pasodad c� 0 a o- c9 (auoz siy; iy ;inn uoi;e6i;iw ja}}nq ON) aa}}nq pa sea6 pouie;uiew ;o s;iwi-1 /) ae 90.0 q�edual aalln8 leuoilipp 2 � 2 ae 80.0 :}aedual aalln8 n •L owi m a Z6oZ `4306 I!jdv Aq Mueld 89 10B 6VO :jaedual aolln8 jdwax3 :wea woaj loedwi aalln8 ae EVO .05 :jaedwl a9jjn8 leuoilippd 00 /?o oti Aemll!ds (aua6J6w3 posodad _ ae 9V0 :jaedwl aajjn8 leuoilippd ae 5Z•0 :jaedual aalln8 UOZ `4306 I!jdv Aq Palueld a8 01 alems a6eulej4 pasodad