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HomeMy WebLinkAbout20120474 Ver 1_More Info Received_2012060712, - 00 4 PARKER & ASSOCIATES, INC shaping Hori2 , Consulting Engineers Land Surveyors Land Planners 306 New Bridge Street + P O Box 976 a�- Jacksonville NC 28541 0976 (910) 455 2414 + Fax (910) 455 3441 Firm License Number F 0108 LETTER OF TRANSMITTAL TO Mr Ian McMillan NCDENR DWQ 1650 Mall Service Center Raleigh NC 27695 1650 WE ARE SENDING YOU DATE June 5, 2012 REF Garden's Gate Onslow County NC 401 Wetlands PCN Four (4) original Wetlands Pre Construction Notification Form with attachment Four (4) copy of the Stormwater Narrative, Four (4) copy of the Wetlands Impact Maps (sheets 1 through 2 of 2) Four (4) copies mitigation reciept, Four (4) copies of Stormwater Approval letter, and Four (4) copies of PCN letter Attachment all for the above referenced project DELIVERY VIA ❑ Regular Mail ❑ Hand ❑ Federal Express Z UPS Overnight ❑ UPS Ground ❑ Other THESE ARE TRANSMITTED AS CHECKED BELOW Z For Approval ❑ As Requested ❑ For Review and Comment ❑ For Your Use ❑ For Bids Due ❑ Other Copies To Mr Anthony Sydes A Sydes Construction Inc (w /enclosures) AMP /bus Wetlands and Stormwater Branch ( w /enclosures) CF (P), LAM (if enclosures are not as noted, kindly notify us at once) c2 LOT AMP McMillan GardensGate 401 WetlandsPCN 06 05 12 EMAIL ADDRESS TEXT MESSAGES TO paitext Dbizec rr com MAPS AND PLANS TO paidraftna.bizec rr com + ENVIRONMENTAL ENGINEERING + STORMWATER WATER AND WASTEWATER SYSTEMS ♦ FFACiBix ITY AND DFVFLOPMENT CONSULTING + GLOBAL POSITIONING SURVEYS + SUBDIVISION AND CONSTRUCTION PLANS o�,ot w ar ! 99 r =� o < � a, - 1) V� I A- Office Use Only Corps action ID no DWQ protect no Form Version 1 3 Dec 10 2008 Page 1 of 10 PCN Form — Version 1 3 December 10 2008 Version Pre - Construction Notification (PCN) Form A Apphcant Information 1 Processing 1a Type(s) of approval sought from the Corps Section 404 Permit ❑ Section 10 Permit 1b Specify Nationwide Permit (NWP) number 29 or General Permit (GP) number 1 c Has the NWP or GP number been verified by the Corpse ® 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 1e 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 protect located in any of NC s twenty coastal counties If yes answer 1 h below ® Yes ❑ No 1h Is the protect located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2 Project Information 2a Name of protect Garden s Gate 2b County Onslow 2c Nearest municipality / town Richlands 2d Subdivision name Garden s Gate 2e NCDOT only T I P or state protect no 3 Owner Information JLIN ON 3a Name(s) on Recorded Deed A Sydes Construction Inc 3b Deed Book and Page No DB 3601 Pg 323 n/a �^c►+ 3c Responsible Parry (for LLC if applicable) 3d Street address 4355 Gumbranch Road Unit B 3e City state zip Jacksonville NC 28540 3f Telephone no (910) 455 -6956 3g Fax no (910) 455 -6325 3h Email address Page 1 of 10 PCN Form — Version 1 3 December 10 2008 Version 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 Athan M Parker E I 5b Business name (if applicable) Parker and Assocaiates Inc 5c Street address 306 New Bridge Street 5d City state zip Jacksonville NC 28541 5e Telephone no (910) 455 2414 5f Fax no (910) 455 3441 5g Email address paitext @bizec rr com Page 2 of 10 PCN Form — Version 1 3 December 10 2008 Version B Project Information and Prior Project History 1 Property Identification la Property identification no (tax PIN or parcel ID) 442000810748 Latitude 34 848020 Longitude lb Site coordinates (in decimal degrees) 77 569619 (DD DDDDDD) (DD DDDDDD) 1c Property size 29 38 acres 2 Surface Waters 2a Name of nearest body of water (stream river etc ) to UT to the New River proposed project 2b Water Quality Classification of nearest receiving water C NSW 2c River basin White Oak 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 site currently has all infrastructure built and is ready for home construction 3b List the total estimated acreage of all existing wetlands on the property +/ 5 63 AC 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 0 L F 3d Explain the purpose of the proposed project The purpose of the proposed project is to construct single family homes and all necessary infrastructure 3e Describe the overall project in detail including the type of equipment to be used Grading will be preformed for roadways and drainage only no other will occur within the wetlands boundary We will be using typical grading equipment for street construction 4 Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes El No El Unknown project (including all prior phases) in the past Comments 4b If the Corps made the jurisdictional determination what type ❑ preliminary ® Final of determination was made? 4c If yes who delineated the jurisdictional areas? Agency /Consultant Company Name (if known) Haywood Pittman Other Pittman Soil Consulting 4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation 12/5/2011 5 Project History 5a Have permits or certifications been requested or obtained for ❑ Yes ® No ❑ Unknown this project (including all prior phases) in the past? 5b If yes explain in detail according to help file instructions 6 Future Project Plans 6a is this a phased projects ❑ Yes ® No 6b If yes explain Page 3 of 10 PCN Form — Version 13 December 10 2008 Version C Proposed Impacts Inventory 1 Impacts Summary la Which sections were completed below for your project (check all that apply) ® Wetlands ❑ Streams tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2 Wetland Impacts If there are wetland impacts proposed on the site then complete this question for each wetland area impacted 2a 2b 2c 2d 2e 2f Wetland impact Type of jurisdiction number— Type of impact Type of wetland Forested (Corps 404 10 Area of impact Permanent (P) or (if known) DWQ — non 404 other) (acres) Temporary T W1 ®P ®T Culvert/Road Crossing Non riparian ® Yes ❑ No ® Corps ❑ DWQ 0 37 W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P [:IT ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g Total wetland impacts 037 2h Comments 3 Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site then complete this question for all stream sites impacted 3a 3b 3c 3d 3e 3f 3g Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number (PER) or (Corps 404 10 stream length Permanent (P) or intermittent DWQ — non -404 width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h Total stream and tnbutary impacts 31 Comments Page 4 of 10 PCN Form — Version 1 3 December 10 2008 Version 4 Open Water Impacts If there are proposed impacts to lakes ponds estuaries tributaries sounds the Atlantic Ocean or any other open water of the U S then individually list all open water impacts below 4a 4b 4c 4d 4e Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P 02 ❑P 03 ❑PEI 04 ❑P ❑T 4f Total open water impacts 4g Comments 5 Pond or Lake Construction If pond or lake construction proposed then complete the chart below 5a I 5b I 5c 5d 5e Pond ID I Proposed use or purpose number of pond Wetland Impacts (acres) I Stream Impacts (feet) I Upland Flooded I Filled I Excavated I Flooded I Filled I Excavated I Flooded P1 P2 5f Total 5g Comments 5h Is a dam high hazard permit required ❑ Yes ❑ No If yes permit ID no 51 Expected pond surface area (acres) 5j Size of pond watershed (acres) 5k Method of construction 6 Buffer Impacts (for DWQ) If project will impact a protected riparian buffer then complete the chart below If yes then individually list all buffer impacts below If any impacts require mitigation then you MUST fill out Section D of this form 6a ❑ Neuse ❑ Tar Pamlico ❑ Other Project is in which protected basing ❑ Catawba ❑ Randleman 6b I 6c I 6d 6e 6f 6a 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'? 131 ❑P ❑T El Yes ❑ No B2 ❑P ❑T El Yes ❑ No B3 ❑ PEI T El Yes ❑ No 6h Total buffer impacts 61 Comments Page 5 of 10 PCN Form — Version 1 3 December 10 2008 Version D Impact Justification and Mitigation 1 Avoidance and Minimization 1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project See attachment letter A 1b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques Silt fence and erosion control measures proposed at clearing limits to avoid or minimize any sedimentation runoff from entering wetlands 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 prolect9 ❑ Mitigation bank E:1 Payment to m lieu fee program ® Permittee Responsible Mitigation 3 Complete if Using a Mitigation Bank 3a Name of Mitigation Bank Hofman Forest 3b Credits Purchased (attach receipt and letter) Type Non Riparian Quantity 0 37 3c Comments Credits have been purchased receipt is attached 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) square feet 4e Riparian wetland mitigation requested acres 4f Non riparian wetland mitigation requested acres 4g Coastal (tidal) wetland mitigation requested acres 4h Comments 5 Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan provide a description of the proposed mitigation plan Wetlands not to be impacted will be set up to be preserved via a Wetlands Conservation Map and Recorded Deed Restrictions Page 6 of 10 PCN Form — Version 1 3 December 10 2008 Version 6 Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b If yes then identify the square feet of impact to each zone of the 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 7 of 10 PCN Form — Version 1 3 December 10 2008 Version 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 ❑ Yes ❑ No Comments 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 2d If this project DOES require a Stormwater Management Plan then provide a brief narrative description of the plan The project does not exceed the allowable 24% impervious area Stormwater runoff is transported by roadside ditches that outlet to swales that discharge to wetlands at low velocities ❑ 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 governments 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 8 of 10 PCN Form — Version 1 3 December 10 2008 Version F Supplementary Information 1 Environmental Documentation (DWQ Requirement) 1a 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) See attached letter B 3 Cumulative Impacts (DWQ Requirement) 3a Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development which could impact nearby downstream water quality? 3b If you answered yes to the above submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy If you answered no provide a short narrative description 4 Sewage Disposal (DWQ Requirement) 4a Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from the proposed project or available capacity of the subject facility Each of the residential lots will have an on site septic disposal system as regulated by the Onslow County Health Department Page 9 of 10 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 Spectres or Designated Critical Habitat? Data Search and Virtual Workshop NC Natural Heritage Program 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? Contacted Ron Sechler NOAA National Marine Fish Service in Beaufort NC (252) 728 5090 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? Contacted Renee Gledhill Early at the NC State Historic Preservation office & searched the site on the NC State Historic Preservation GIS Map Page 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 protect meets FEMA requirements 8c What source(s) did you use to make the floodplain determination? Onslow County GIS Flood Map Applicant/Agents Printed Name Applica Agent A Signature Date (Agent s signature is valid only if an authorization letter from the applicant is provided Page 10 of 10 PCN Form — Version 13 December 10 2008 Version Attachment "A" to Pre - Construction Notification (PCN) Form For Garden's Gate Section D 1 a Avoidance and Minimization November 2011 The layout of the project has been carefully planned to minimize wetlands impacts while at the same time maximizing the potential of the development The main road for the project Braeburn Boulevard will cross the wetlands at the most narrow part on the tract to avoid additional impacts Impact 1 is the result of gaining access to the rear of the tract of land for further single family development Stormwater runoff from the street in this crossing will sheet flow from the shoulder at a slope of 3 1 where it will tie back to the existing ground inside our clearing limits This method is used rather than roadside ditches to lower the impact area and to minimize concentrated flows in the wetlands The location of the proposed water main is to occur within the footprint of the proposed road to minimize additional impacts (water main location also shown on the Impact Area Exhibit Maps) Garden s Gate is also designed as a low density project and uses roadside ditches instead of curb and gutter as a low impact development methodology This design option minimizes impacts to wetlands by transporting stormwater runoff primarily by vegetative conveyances All runoff from the roads sheet flows into ditches that outlet to swales that are designed to discharge to wetlands at low velocities ( <2 ft /sec) The project as designed will keep the wetlands recharged with quality stormwater (treated by vegetative conveyances) while at the same time preventing impacts from erosive velocities ATTACHMENT LETTER "B" FOR PCN AND VIOLATION QUESTIONS The violation was given due to not obtaining a 401 Wetlands Certification before disturbing and building our street cross section The Army Corps of Engineers approved the PCN December 23rd 2012 Q Why was this application not submitted at the same time as the application to the USACE was submitted? A Our original wetlands impact area did not over top the threshold to require a 401 Certification Once we put the package together to send to the USACE we revised the maps and fine tuned the areas per design modifications This then put us up to the proposed 0 37 acres which surpasses the limit allowed by NC DWQ I then did not think to copy NC DWQ because originally we were under the threshold There is no excuse for not submitting it we will do our best not to allow this to happen in the future Q What will be done so that this will not happen in the future? A In the future I will send NC DWQ a courtesy copy of the application that is also sent to the r USACE no matter the acreage disturbed GARDEN'S GATE Stormwater Narrative Garden s Gate is a 47 lot low density residential subdivision Stormwater from the 20 strip pavement streets flow through road side grassed swales before being released to the existing wetlands and outfalls located on the property The project will have a maximum BUA of 24% of the total project area The soil type is mostly Baymeade fine sand with a small patch where the wetlands are located of Murville fine sand Baymeade fine sand and Murville fine sand has rapid infiltration and slow surface runoff North Carolina State University is a land College of Natural Resources grant univers ty and a constituent inst tut on Development and College Relations of The University of North Carolina NC State Natural Resources Foundation Inc. Campus Box 8010 Raleigh NC 27695 (919) 515 5723 Mr Athan M Parker 306 New Bridge Street PO Box 976 Jacksonville NC 28541 0976 Dear Mr Parker Re A Sydes Construction Inc USACE AID SAW 2011 01596 Gardens Gate Onslow County NC This note acknowledges the receipt of $17 105 10 from A Sydes Construction Inc with regard to Gardens Gate project [ USACE Action ID No SAW 2011 01596] on January 3rd 2012 for the purchase of 0 37 non riparian wetland restoration credits from Hofmann Forest Wetland Mitigation Bank Yours truly C;Z��'IJJV David Ashcraft Executive Director and Secretary &74;FAI A A J CDE N R N North Carolina Department of Environment and Natural Resources Division of Water Quality LA t-1 at � 4 Beverly Eaves Perdue Coleen H Sullins Dee Freeman Governor Director ' Secretary December 8 2011 Mr Anthony W Sydes President 12 A Sydes Construction Inc 1 PO Box 7122 I Jacksonville NC 28541 Subject State Stormwater Management Permit No SW8111109 Gardens Gate Low Density Subdivision Permit Onslow County Dear Mr Sydes The Wilmington Regional Office received a complete Stormwater Management Permit Application for Gardens Gate on December 8 2011 Staff review of the plans and specifications has determined that the project as proposed will comply with the Stormwater Regulations set forth in Session Law 2008 211 and Title 15A NCAC 2H 1000 We are forwarding Permit No SW8111109 dated December 8 2011 for the construction of the built upon area associated with the subject project This protect must secure applicable 401 and /or 404 wetland impact approvals If those approvals require changes to this permit, this permit must be modified accordingly This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein and does not supercede any other agency permit that may be required If any parts requirements or limitations contained in this permit are unacceptable you have the right to request an adjudicatory hearing by filing a petition with the Office of Administrative Hearings (OAH) The petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the OAH within thirty (30) days of receipt of this permit A petition is considered filed when it is received In the Office of Administrative Hearings during normal office hours The OAH accepts filings Monday through Friday between the hours of 8 00 a m and 5 00 p m except for official state holidays The petition may be filed by facsimile (fax) or electronic mad by an attached file (with restrictions) provided the signed original one (1) copy and a filing fee (if a filing fee is required by NCGS §150B 23 2) is received in the OAH within seven (7) business days following the faxed or electronic transmission Unless such demands are made this permit shall be final and binding You should contact the OAH with all questions regarding the filing fee and /or the details of the filing process The mailing address telephone and fax numbers for the Office of Administrative Hearings are 6714 Mall Service Center Raleigh NC 27699 6714 Telephone 919 733 2698 FAX 919 733 3378 If you have any questions or need additional Information concerning this matter please contact Kelly Johnson at (910) 796 7215 Sinc rely For Coleen Sullins Director Division of Water Quality GDS /kph S IWQSIStormwaterlPermits & Projects12011\111109 LD12011 11 permit 111109 cc Athan M Parker El Parker & Associates Inc Inspector Onslow County Budding Inspections NCDOT District Engineer Division of Coastal Management Wilmington Regional Office Stormwater File Wilmington Regional Office 127 Cardinal Drive Extension Wilmington North Carolina 28405 Phone 910 796 72151 FAX 910 350 2004 1 Customer Se rice 1 877 -621 6748 Internet www ncwaterquality org NorthCar <)lina %117111l�affil