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HomeMy WebLinkAbout20120362 Ver 1_401 Application_20120412Soil & Environmental 11010 Raven Ridge Road Raleigh, North Carolina 27614 www SandEC con To NC Division of Water Quality WebSCaPe Unit Attn Karen Higgins 512 N Salisbury Street (9�h floor) Raleigh NC 27603 ` From Deborah Edwards Soil & Environmental Consultants P A 11010 Raven Ridge Road ' Raleigh NC 27614 Re 107 Avenue of the Estates Williams Property Cary Wake County NC Consultants, PA Phone (919) 846 -5900 Fax (919) 846 -9467 April 12 2012 S &EC Project #11845 P1 20120362 L�� III APR LrOE—Ni W�^7� C2L3 a l i f T � On behalf of the applicant Danny Williams please find attached a complete application and supplemental information requesting written concurrence from the NC Division of Water Quality for the activities that have been completed at 107 Avenue of the Estates It is important to note that these activities have been discussed with Lauren Witherspoon and Jamie Shern with the USACE Please contact me at (919) 846 5900 if you have any questions or require additional information PRO.IFrT SUMMARY Project Name 107 Avenue of the Estates Williams Property Project Type Residential Lot Owner / Applicant Danny Williams County Wake Nearest Town Cary Waterbody Name UT to Swift Creek Basin / Sub basin Neuse /27 43 1 Class WS III NSW IMPACT SUMMARY Stream Impact (acres) 0 002 Wetland Impact (acres) 0 Total Impact to Waters of the U S (acres) 0 002 Total Stream Impact (linear feet) 26 Total Riparian Buffer Impact (square feet) Zone 1 2 072 Zone 2 457 Attachments Pre construction Notification Application Form Agent Authorization Form USGS Topographic Map NRCS Soil Survey Map Photos Impact Map DWQ Application Fee ($240) \oa�F W AT �9�G o r 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 - Construction Notification (PCN) Form A Applicant Information 1 Processing la Type(s) of approval sought from the Corps T[9 Section 404 Permit ❑Section 10 Permit 1 b Specify Nationwide Permit (NWP) number 18 or General Permit (GP) number N/A 1c Has the NWP or GP number been verified by the Corps? ® 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 1 e 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 107 Avenue of the Estates Williams Property 2b County Wake 2c Nearest municipality / town Cary 2d Subdivision name Regency Park Estates 2e NCDOT only T I P or state project no N/A 3 Owner Information 3a Name(s) on Recorded Deed Danny Williams 3b Deed Book and Page No Deed Book 14049 Deed Pg 449 3c Responsible Party (for LLC if applicable) N/A 3d Street address 107 Avenue of the Estates 3e City state zip Cary NC 27518 3f Telephone no 919 291 8421 3g Fax no N/A 3h Email address N/A 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 Applicant who is contract purchaser please send correspondence to both Applicant and agent 4b Name Danny Williams 4c Business name (if applicable) N/A 4d Street address 107 Avenue of the Estates 4e City state zip Cary NC 27518 4f Telephone no 919 291 8421 4g Fax no N/A 4h Email address N/A 5 Agent/Consultant Information (if applicable) 5a Name Deborah Edwards 5b Business name (if applicable) Soil & Environmental Consultants PA 5c Street address 11010 Raven Ridge Road 5d City state zip Raleigh NC 27614 5e Telephone no 919 846 5900 5f Fax no 919 846 9467 5g Email address dedwards @sandec corn Page 2 of 11 B Project Information and Prior Project History 1 Property Identification 1a Property identification no (tax PIN or parcel ID) Parcel ID 0761 17 7712 1b Site coordinates (in decimal degrees) Latitude 35 7218 Longitude 787921 (DD DDDDDD) (DD DDDDDD) 1 c Property size t 105 acres 2 Surface Waters 2a Name of nearest body of water (stream river etc ) to UT to Swift Creek (Lake Wheeler) 27 43 (1) proposed project 2b Water Quality Classification of nearest receiving water WS 111 NSW 2c River basin Neuse River Basin Hydrologic Unit Code 03020201 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 existing conditions on site are a grassed back yard an existing 20 culvert/road crossing a foot bodge and pool deck At present some grading activities have taken place and an additional length of culvert has been added extending the existing culvert to the foot bridge The general land use ►n the vicinity of the project is residential 3b List the total estimated acreage of all existing wetlands on the property A wetland delineation was not completed Photo documentation and vegetation indicate that no wetlands were present within footprint of activities 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property Approximately 570 linear feet 3d Explain the purpose of the proposed project The purpose of the proposed project is to protect existing structures and fix erosion in back yard along stream banks and existing culvert 3e Describe the overall project in detail including the type of equipment to be used The overall project consists of placing 26 of pipe within a stream bed and the grading and stabilization associated with the construction Equipment typically used for land disturbance and construction were utilized for this project 4 Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / El Yes ®No El Unknown project (including all prior phases) in the pasty Comments 4b If the Corps made the jurisdictional determination what type of determination was made? ❑ Preliminary ❑ Final Comments 4c If yes who delineated the jurisdictional areas Agency /Consultant Company Name (if known) Other 4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation In February 2011 Lauren Witherspoon with the NCDWQ conducted a buffer determination site visit 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 N/A Page 3 of 11 PCN Form — Version 1 3 December 10 2008 Version B Project Information and Prior Project History 6 Future Project Plans 6a Is this a phased project? ❑ Yes ® No 6b If yes explain N/A 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 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 number— Type of jurisdiction Permanent (P) or Type of Type of wetland Forested (Corps 404 10 Area of impact Temporary T impact if known DWQ — non -404 other acres W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 []PMT ❑ Yes ❑ Corps ❑No E] DWQ W3 ❑ 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 number Type of Stream name Perennial Type of jurisdiction Average Impact Permanent (P) or impact (PER) or (Corps 404 10 stream length Temporary (T) intermittent DWQ — non -404 width (linear (INT)? other) (feet) feet) S1 ®P ❑ T Culvert UT to Swift ® PER ® Corps 35 26 Creek ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h Total stream and tributary impacts 26 31 Comments 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 individ ally list all open water im acts below 4a 4b 4c 4d 4e Open water impact Name of waterbody number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P ❑T 02 ❑P ❑T 4f Total open water impacts 4g Comments Page 5 of 11 PCN Form — Version 1 3 December 10 2008 Version 5 Pond or Lake Construction If pond or lake construction proposed then com lete the chart below 5a 5b 5c 5d 5e Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose of (acres) number pond Flood ed 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 DWO) 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 for impact Buffer Zone 1 impact Zone 2 impact Permanent (P) or Stream name mitigation (square feet) (square feet) Temporary T required? 61 ❑ PET Protection of existing structures and UT to Swift ❑ Yes 2072 457 streambanks Creek ® No B2 ❑P ❑T ❑Yes ❑ No 133 ❑P ❑T El Yes ❑ No B4 ❑P ❑T El Yes ❑ No 6h Total buffer impacts 2072 457 61 Comments Page 6 of 11 D Impact Justification and Mitigation 1 Avoidance and Minimization la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project The applicant was seeking resolution to erosion issues such as stream bank failure and a collapsing culvert in his back yard This segment of stream was adjacent to existing structures and needed stabilization As a result 36 feet of culvert was installed within the stream bed and grading activities to stabilize the area The applicant is aware of the regional conditions associated with the Nationwide Permits 18 With respect to the minor discharge conditions (NWP 18 Regional Conditions section 4 0) this permit is not being used in conjunction with a NWP #14 to create uplands 1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques Sediment fencing will be added to protect water quality during construction activities 2 Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State ❑ Yes ® No Because the proposed impacts to streams are below 150 linear feet the applicant is not proposing compensatory 2a Does the project require Compensatory Mitigation for mitigation in the form of payment If however after review impacts to Waters of the U S or Waters of the State? of this application the USACE/NCDWQ determines compensatory mitigation is required in the form of a payment the applicant will utilize a private mitigation bank or the Ecosystem Enhancement Program (NCEEP) 2b If yes mitigation is required by (check all that apply) ❑ DWQ ❑ Corps ❑ Mitigation bank 2c If yes which mitigation option will be used for this ❑ ro Payment to in lieu fee ram y p g project? ❑ 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 0 linear feet 4c If using stream mitigation stream temperature ❑ warm ❑ cool ❑cold 4d Buffer mitigation requested (DWQ only) 0 square feet 4e Riparian wetland mitigation requested 0 acres 4f Non riparian wetland mitigation requested 0 acres 4g Coastal (tidal) wetland mitigation requested 0 acres 4h Comments Page 7 of 11 PCN Form — Version 1 3 December 10 2008 Version 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 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 1 5 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 E Stormwater Management and Diffuse Flow Plan (required by DWQ) 1 Diffuse Flow Plan la 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 Comments All stormwater will be handled by surface runoff (i a no concentrated ❑ Yes ® No flow) 2 Stormwater Management Plan 2a What is the overall percent imperviousness of this project? <24 % 2b Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c If this project DOES NOT require a Stormwater Management Plan explain why This project should meet the definition of low density according to condition # 12 within WQC 3890 (e g overall built upon area of less than 24% no stormwater collection system and all stormwater will be handled by surface runofo 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 ❑ 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 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? 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)? 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 ❑ 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 applicant was seeking resolution to erosion issues such as stream bank failure and a collapsing culvert in his back yard As a result 26 feet of culvert was installed within the stream bed and grading activities took place within the riparian buffer to stabilize the area and protect existing structures 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 We have reviewed the Draft Internal Policy Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs document prepared by the NC Division of Water Quality on April 10 2004 version 2 1 The draft states that many private developments are unlikely to cause cumulative impacts including projects such as urban in fill most residential subdivisions and small commercial developments as well as agricultural and silwcultural operations This project is a single family residence that would not result in additional development or impact downstream water quality We anticipate that the DWQ will advise us if any additional Information is needed 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 This property is connected to the Town s sanitary 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? John Finnegan with NCDENR Natural Heritage Program provided a spreadsheet that includes records for the entire state The only Federally listed species within the Apex Quadrangle is a historical record of Monotrops►s odorata (Sweet P►nesap) that is listed as a Federal Species of Concern Additional State listed species include the Strophitus undulates (Creeper) Tradescantia wrgin►ana (Virginia Sp►derwort) and the Lamps►hs radiate (Eastern Lampmussel) which are all listed as Threatened 6 Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitats ❑ Yes ® No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? This project is located in Wake County This project is not in /near an area that has been designated to have essential fish habitat 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? Records checks at the State Historic Preservation Office or the Office of State Archeology were not performed No structures greater than 50 years are on property 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 N/A 8c What source(s) did you use to make the floodplain determination? NC Floodpla►n Mapping Program Deborah Edwards. -_� April 12 Applicant/Agent s Printed Name r,2L� Applicant/Agent s Signature 2012 (Agents signature is valid only if an authorization letter from the applicant Date is provided ) Page 11 of 11 Environmental Consultants, AGENT AUTHORIZATION FORAM All Blanks To Be Filled In ft The Current Landowner Name 'D(—\ ti eJ Lf wILLI A rA S Address t n't to y 1 N U gy oV -TQ 5 7'A Y 1 5 CA R-V (V (, 2- 7 6 a Phone 91 �'% � a2 � /- 2 Project Name / Description. 10 � MUC 62 G S&EC ProJect 0 �) a Date�I The Department of the Army U S Army Corps of Engineers Wilmington District P O Box 1890 Wilmmgtm NC 28402 n Attn. �) VYl t C ' J i/ h Field Office Re Wetlands Related Consulting and Pernutting To Whom It May Concern I, the current proRg owner, hereby designate and authorize Soil & Environmental Consultants, PA to act in my behalf as my agent in the processing of pernut applications, to furnish upon request m l ernental information in support of applications etc from this day forward The day of ff% 2 -2 This notification supersedes any previous correspondence concerning the agent for this project NOTICL This authorization, for liability and professional courtesy reasons, is valid only for government offuials to enter the property when accompanied by S&EC staff You should call S &EC to arrange a site meeting prior to visiting the site ' ," A '/O k)tLLI'Q NI S Print Property Owner's Name cc Ms Karen Higgins NCDENR - DWQ 512 N Salisbury St Raleigh, NC 27604 Property Owner's Signature cc Ms Debbie Edwards Soil & Environmental Consultants, PA 107 Avenue of the Estates Soil & Environmental Consultants, PA °$ N-4 PRE - CONSTRUCTION CONDITIONS April 12, 2012 Project No. 11845.P1 Erosion around 36" culvert Stream bank erosion along stream in backyard Page 1 of 1 t!! 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