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
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