HomeMy WebLinkAbout20130206 Ver 1_401 Application_2013021320130206
To whom it may concern: � y
I received a letter from NC Department of Environment and Naf[Mil Resources as a.notice OL,, J
violation for NCAC 2H.0500: 401 Water Quality Certification. I am writing to inform you that I have
taken the actions that were required by a regional supervisor on the letter and discussed on site. Here is
a detailed description of what will be done to the site:
• Forty feet of pipe will be removed and the stream returned back to its original condition.
• The area will be clean and grass will be planted to secure the area and straw wheat will be place
on the area.
• An excavator was rented for a full week (Feb 04- Feb. 12 2013) to remove the shingles used to
fill above the pipes and disposed properly.
• Enclosed is a completed application form to ask permission for the installment of fifty (50) feet
of pipe.
In addition, attached to this letter are copies of a receipt of the excavator rental and copies of receipts
to prove that shingles and unapproved materials were properly disposed at a local landfill located at
15300 Holbrooks Rd Huntersville, NC 28078. To reinstall the pipes we will follow these steps:
• Pipes of 50" will be reinstalled at the site.
• We will outlet pipes at the elevation of the natural ground.
• The soil that will be excavated out of the pipe trench and gravel will be used to be fill material
around pipes to add stability.
• Pipes will have beginning headwalls to improve functioning.
I expect to have the removal of the unapproved materials and finish all the work described above done
by March 18, 2013. 1 would like to express that my only intention was to improve my property and had
no intent to make a violation. I respect the law and promptly responded to you request.
With all respect,
Norma Miranda
Z y
138EENWAY AT NORTH NECK
15300 HOLBROOKS RD
HUNTERSVILLE NC 28078
Weighed: Brian
Deposit: Brian
BILL TO: 0
Cash
Vehicle ID:
Reference: VAN
GATE IN: 02/06/2013 TIME IN: 11:55:33
DATE OU1: 02/06/2013 TIME OUf: 12:04:40
INBOUND TICKET Number.
02- 00660077
SCALE 1 GROSS WT.
21780 LB
SCALE 1 TARE WT.
12580 LB
NET WEIGHT
9200 LB
Qty Description
Amount
4.600 C&D
165.49
FuelSurchg 16.56
DisposalTx 9
20
NET CASH AMOUNT:
191.25
AMT. TENDERED:
191.25
CHANGE AMOUNT.
0.00
CHECK # f# 1933
X- q L-dk--
D
GREENWAY AT NORTH MECK
15300 HOLBROOKS RD
HUNTERSVILLE NC 28078
Weighed: Brian
Deposit: Brian
BILL TO: 0
Cash
Vehicle ID:
Reference: VAN
DATE IN: 02/06/2013 1IME IN: 15:50:38
DATE OUT: 02/06/2013 TIME 001. 15:57 :12
INBOUND TICKET Number: 02- 00660117
SCALE 1 GROSS WT. 19240 LB
SCALE 1 TARE WT. 12600 LB
NET WEIGHT 6640 LB
Qty Description Amount
3.320 C&D 119.41
FuelSurchg 11.95
DisposalTx 6.64
NET CASH AMOUNT: 138.00
ANT. TENDERED: 138.00
CHANGE AMOUNT. 0.00
CHECK # T# 1936
X
GREENWAY AT NORTH MECK
15300 HOLBROOKS RD
HUNTERSVILLE NC 28078
Weighed: Brian
Deposit: Brian
BILL TO: 0
Cash
Vehicle ID:
Reference: VAN
DATE IN: 02/05/2013 TIME IN: 13 :39 :18
DATE OUT: 02/05/2013 TIME OUT: 13:49:23
INBOUND TICKET Number: 02- 00659988
SCALE 1 GROSS WT. 20300 LB
SCALE 1 TARE WT. 12620 LB
NET WEIGHT 7680 LB
Qty Description Amount
3.840 C&D 138.25
FuelSurchg 13.82
DisposalTx 7.68
NET CASH AMOUNT: 159.75
AMT. TENDERED: 159.75
CHANGE AMOUNT: 0.00
CHECK # T# 1923
0
X
GREENWAY AT NORTH NECK
15300 HOLBROOKS RD
HUNTERSVILLE NC 28078
Weighed: Brian
Deposit: Brian
BILL TO: 0
Cash
Vehicle ID:
Reference: VAN
DATE IN: 02/05/2013 r1ME 1N: 15:54:00
DATE OUT: 02/05/201.3 TIME OUT: 16,03:26
INBOUND TICKET Number: 02- 00660011
SCALE 1 GROSS WT. 20320 LB
SCALE 1 TARE WT. 12620 LB
NET WEIGHT 7700 L8
Qty Description Amount
3.850 C&D 138.6669
FuelSurchg 13.86
Disposal Tx 7.70
NET CASH AMOUNT: 160.25
AMT. TENDERED: 160.25
CHANGE AMOUNT: 0.00
CHECK # T# 1924
GREENWAY AT NORTH MECK
15300 HOLBROOKS RD
HUNTERSVILLE NC 28078
Weighed: Brian
Deposit: Brian
BILL TO: 0
Cash
Vehicle ID:
Reference: VAN
DATE IN: 02/06/2013 TIME
IN: 10:02:34
DATE OUT: 02/06/2013 TIME
OUT: 10:12:03
INBOUND TICKET Number: 02- 00660059
SCALE 1 GROSS WT.
19600 LB
SCALE 1 TARE WT.
12620 LB
NET WEIGHT
6980 LB
Qty Description
Amount
3.490 C&D
125.71
FuelSurchg 12.56
DisposalTx 6.98
NET CASH AMOUNT:
145.25
AMT. TENDERED:
145.25
CHANGE AMOUNT:
0.00
CHECK # T #.1932
X.
it
GREENWAY AT NORTH MECK
15300 HOLBROOKS RD
HUNTERSVILLE NC 28078
Weighed: Brian
Deposit: Brian
BILL TO: 0
Cash
Vehicle ID:
Reference: VAN
DATE IN: 02/05/2013 TIME 1N: 11:26:39
DATE OUT: 02/05/2013 TIME OUT: 11:37:07
INBOUND TICKET Number: 02- 00659965
SCALE i GROSS WT. 17420 LB
SCALE 1 TARE WT. 12660 LB
NET WEIGHT 4760 LB
Qty Description Amount
2.380 C&D 85.67
FuelSurchg 8.57
DisposalTx 4.76
NET CASH AMOUNT: 99.00
AMT. TENDERED: 99.00
CHANGE AMOUNT: 0.00
CHECK # T# 1918
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Offioe Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre - Construction Notification Form
A. AppHcant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number. .247 or General Permit (GP) number.
1 c. 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
le. Is this notification solely for the record
because written approval is not required?
«s r1 S Z JZ NOV
For the record only for DWQ 401
Certification:
Yes ❑ No
For the record only for Corps Permit:
❑ Yes L'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
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes allo
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes Ig No
2. Project Information
2a. Name of project:
2b. County:
2c. Nearest municipality / town:
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state
project no:
ll#
3. Owner Information
3a. Name(s) on Recorded Deed:
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
D
3d. Street address:
FEB
3e. City, state, zip:
3f. Telephone no.:
Ug& &wAr,,,w.ALvY
3g. Fax no.:
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:
1
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
N I {
5d. City, state, zip:
'
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
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):
1b. tes (in decimal degrees):
Latitude: Longitude: -
(DD.DDDDDD) (- DD.DDDDDD)
1c. Property size:
acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project:
2b. Water Quality Classification of nearest receiving water.
C
2c. 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: ke �
S t d,�.��h�t i o -
3b. Li e'fotal estimated acreage of all existing wetlands on the property:
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: G� AL
3d. Explain the purpose of the proposed project:
3e. Describe the overall project in detail, including the type of equipment to be used:
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Comments:
[__1 Yes [k No ❑ Unknown
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
Preliminary ❑ Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known):
Agency /Consultant Company:
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
6. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
0 Yes ❑ No b4 Unknown
5b. If yes, explain in detail according to "help file" instructions.
S. Future Project Plans
6a. Is this a phased project?
❑ Yes ❑ No
6b. If yes, explain.
Page 3 of 10
PCN Form —Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. 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
W1 ❑ P ❑ T
❑ Yes
❑ No
❑ Corps
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ No
❑ Corps
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ No
❑ Corps
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ No
❑ Corps
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ No
❑ Corps
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ No
❑ Corps
❑ 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
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 m
(INT)?
other)
(feet)
feet)
S1P [IT
L.^i� r-*
[I PER
Corps
50
DINT
CaDWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P [IT
❑ 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
A Total stream and tributary impacts
3i. Comments:
Page 4 of 10
PCN Form — Version 1.3 December 10, 2008 Version
4. O ater Impacts
ere 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
01 []POT
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4f. To en water impacts
Comments:
5. nd or Lake Construction
If pond or lake construction proposed, then 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 X461
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. �Bulmpacts (for DWQ)
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
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary
impact
required?
B1 ❑P [IT
❑Yes
❑ No
B2 ❑ P ❑ T
❑ Yes
❑ No
B3 ❑P [IT
❑Yes
❑ No
6h. Total buffer impacts
6i. 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.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
i
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 *0
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. a if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c Comment-
s-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:
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 PermittewResponsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.3 December 10, 2008 Version
6. B ffe Itigation (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.
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone
3 (2 for Catawba)
Zone 1
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,
j permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
a
Page 7 of 10
PCN Form — Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. D' slow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
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:
2, Sterr6water Management Plan
a. What is the overall percent imperviousness of this project?
2b. Does this project require a Stormwater Management Plan?
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
❑ Yes ❑ No
❑ Yes ❑ No
o�
❑ Yes ❑ No
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? E] DWQ 401 Unit
Program
3. Certified ral Government Stormwater Review
'r-1n which local government's jurisdiction is this project?
3t). vlfhlch or the following locally- implemented stormwater management programs
apply (check all that apply):
3c. Has the approved Stormwater Management Plan with proof of approval been
attached? _
4.
i
4a. Which of the following state - implemented stormwater management programs apply
(check all that apply):
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
Stormwater
5a. Does the Stormwater Management Plan meet the appropriate requirements?
5b. Have all of the 401 Unit submittal requirements been met?
❑ Phase 11
❑ NSW
❑ USMP
❑ Water Supply Watershed
❑ Other:
❑ Yes ❑ No
❑ Coastal counties
❑ HQW
❑ ORW
❑ Session Law 2006 -246
❑ Other.
❑ Yes ❑ No
❑ Yes ❑ No
❑ 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?
1b.
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,
[XYes ❑ No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
es ❑ No
2c.
If you ans t'ed "yes* to one or both of the above questions, provide an explanatio of the violation(s) i , ken ►r55 L.
i-1-F:kq11C
3.
W1
umulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes JkNO
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.
age 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.
Page 9 of 10
PCN Form - Version 1.3 December 10, 2008 Version
S e-
�Y
r.grromc74v';
5. Enda d Species and Designated Critical Habitat (Corps Requirement)
a. 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?
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 source did you use to determine whether your site would impact Essential Fish Habitat?
7. storic 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?
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
❑ Yes o
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to mane the floodplain determination?
A
J5s -13
Applicant(Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only N an authorization letter from the applicant
is provided.)
Page 10 of 10
PCN Form — Version 1.3 December 10, 2008 Version