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HomeMy WebLinkAbout20001218 Ver 2_401 Application_20130524P PABST & HILBURN, PA H ENGINEERING & CONSULTING LETTER OF TRANSMITTAL To: NCDENR Division of Water Quality 3800 Barrett Dr Rafeiah, NC 27609 Re: Lake II at Breckenridge PCN and 401 Permit Submittal I am sending you the following Rem(s): 00 - I a I B ua- 911 Paverstone Drive, Ste. E Raleigh, NC 27615 Office: 919.848.4399 Fax: 919.848.4395 Date: 05/22113 � ID .lob No,: 228-13 COPIES DATE NO. DESCRIPTION 5 04/29/13 1 Plan Sets (2 each 24°)W and 3 each 11 °x17' 5 05/15/13 2 Copies of signed PCN Form and Agent Authorizations 1 3 Application Fee of $240.00 1 4 USGS Topo Map with site delineated 1 5 NRCS Soils Map with site delineated hAAV i LWj8:a"U-WA- ITY These are transmitted as checked below. ❑ As requested ❑ For your use ❑ For approval ❑ For Signatures ® For review and comment ® For Submittal Remarks: Please find the above referenced items for submittal. Do not hesitate to call if you have any questions or need additional information. Thank you. Copy to: File Signed: _ �c Patty E. Hilburn, PLS `pF WA TF� `l �r > y P -c ao - 12� 1 g u 2� Office use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information r 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: or General Permit (GP) number. 1c. Has the NWP or GP number been verified by the Corps? TO 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? 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 in4leu 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 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Lake 11 at Breckenridge 2b. County: Wake 2c. Nearest municipality / town: Morrisville 2d. Subdivision name: Breckenridge 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Lake at Breckenridge Townhome Assoc. & Lake II at Breckenridge Townhome Assoc. 3b. Deed Book and Page No. Deed Book 11165 Page 0148 3c. Responsible Party (for LLC if applicable): 3d. Street address: 1225 Crescent Green Ste 250 3e. City, state, zip: Cary NC 27518 3f. Telephone no.: (919) 863 -0818 3g. Fax no.: (919) 828 -9240 3h. Email address: I VirginiaDavis @yorkproperties.com Page 1 of 10 PCN Form — Version 1.4 January 2009 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: Patty Hilburn 5b. Business name (if applicable). Pabst & Hilburn, PA 5c. Street address: 911 Paverstone Dr Ste E 5d. City, state, zip: Raleigh, NC 5e. Telephone no.: (919)848 -4399 5f. Fax no.: (919)848 -4395 5g. Email address: philbum@pabsthilbum.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 0736708995 & 0736812112 1b. Site coordinates (in decimal degrees): Latitude: 35.840221 Longitude: - 78.871568 1c. Property size: 6.36 - acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Kit Creek Tributary 2 (Basin 29, Stream 8) 2b. Water Quality Classification of nearest receiving water: WS -V; NSW (Kit Creek) 2c. River basin: Cape Fear 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 property in which the lake is located is the dedicated open space for the surrounding residential neighborhood. Sediment has accumulated at one of the upstream ends (near Gray Marble Road) of the lake and overtime, wetlands developed along the lake fringe. 3b. List the total estimated acreage of all existing wetlands on the property: 0.024 3c. List the total estimated linear feet of all existing streams (intermittent and perenniaQ on the property: 0 3d. Explain the purpose of the proposed project: To remove accumulated sediment from the lake bottom within an approximate area of 4,040 SF, which Includes 650 SF (0.015 AC) of wetlands. 3e. Describe the overall project in detail, including the type of equipment to be used: See Exhibit'N for project description 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ro'ect (including all riot phases) in the past? ❑ Yes ❑ No © Unknown Comments: 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. S. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ❑ No © Unknown 5b. If yes, explain in detail according to "help file° instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 3 of 10 PION Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X 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. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. - Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Excavation Unknown No Corps 0.015 W2 T See Comment Below Unknown No Corps 0.009 W3 - Choose one Choose one Yes/No W4 - Choose one Choose one Yes/No W5 - Choose one Choose one Yes/No W6 - Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.024 2h. Comments: W2 will be temporarily impacted for possible access to the lake and for the removal of invasive vegetation. 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. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width 3g. Impact length (linear AMA fe S1 - Choose one S2 - Choose one S3 - Choose one _ S4 - Choose one _ S5 - Choose one S6 - Choose one 3h. Total stream and tributary Impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 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 Area of impact (acres) Permanent (P) or type Temporary 01 T Lake II at Breckenridge Fill Lake 0.08 02 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water Impacts 0.08 4g. Comments: Sediment will be excavated and then temporarily stockpiled (fill) within lake bottom until hauled off -site. S. Pond or Lake Construction If Pond or lake construction proposed, the complete the chart below. 5a. 5b. 5c. 5d. 50, Pond ID number Proposed use or Wetland Impacts (acres) Stream Impacts (feet) Upland purpose of pond (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. 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. Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑ Catawba []Randleman ❑ other: 6b. 6c. 6d. 6e. 6f. 6g. Buffer Impact Reason for impact Stream name Buffer Zone 1 Zone 2 number — mitigation impact impact Permanent (P) or required? (square (square Temporary feet ) feet 61 Yes/No B2 Yes/No 63 Yes/No 64 Yes/No B5 Yes/No Be Yes/No 6h. Total Buffer Impacts: 6i. Comments: rage 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Engineer met with contractor on -site to discuss alternate routes to access the lake bottom in hopes of avoiding the wetland areas and avoid the temporary stockpiling of excavated material within the lake bottom. Access will not be accomplished without impacting existing wetlands due to steep side slopes outside of the wetland areas. A portion of the wetlands will remain without being impacted except for the removal of invasive vegetation. 1 b. Specifically describe measures taken to avoid or minimize the proposed Impacts through construction techniques. Contractor will install a stoned construction entrance to the project area to minimize sediment from entering into the lake. All side slopes and denuded areas will be stabdizedtvegetated after construction is complete. Contractor will not use heavy equipment, if possible, for the removal of invasive vegetation. 2. CompensatorV 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 project? ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: 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: linear feet 4c. If using stream mitigation, stream temperature: Choose one 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;; description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWO 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 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes © No within one of the NC Riparian Buffer Protection Rules? 1b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The proposed work only consists of sediment removal and general maintenance of a small section of the lake. This project is not a new development containing impervious areas. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? WA 3. Certified Local Government Stormwater Review 3a. In which local governments jurisdiction is this project? Town of Morrisville ® Phase II 3b. Which of the following locally- implemented stormwater management programs ❑ NSW apply (check all that apply): ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWG Stormwater Program Review ❑Coastal counties ❑HOW 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 ❑ No attached? S. DWO 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 1.4 January 2009 a F. Supplementary Information 1. Environmental Documentation (DWO Requirement) la. Does the project involve an expenditure of public (federaUstate/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 letter.) ❑ Yes ❑ No Comments: 2. Violations (DWO Requirement) 2a. Is the site in violation of DWO Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWO Surface Water or Wetland Standards, ❑Yes ❑X 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): 3. Cumulative Impacts (DWO Requirement) 3a. Will this project (based on past and reasonably anticipated future Impacts) result in El 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 the impact is temporary. 4. Sewage Disposal (DWO 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 1.4 January 2009 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? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS Critical Habitat Mapper does not show any critical habitats near the project. In addition, we have requested (on 5/3/13) an impact statement from the Raleigh FWS Field Office and are awaiting a reply. 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 Habitat Conservation Essential Fish Habitat Mapper does not show any essential fish habitats in or near the project In addition, we have requested (on5/3/13) an impact statement from the Raleigh FWS Field Office and are awaiting a reply. 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 North Carolina State Historic Preservation does not list any historic resources near the project. i 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur In a FEMA - designated 100 -year floodplain? ❑ Yes Q No 8b. If yes, explain how project meets FEMA requirements; ` 8c. What source(s) did you use to make the floodplain determination? FEMA FIRM PANEL #3720073600J PATTY HILBURN, PLS •. 5-15-/3 Applicant/Agent's Printed Name icant/Agent's Signature Date (Agents signature Is valid only If an authorization letter from the applicant is provided.) Page 10 of 10 EXHIBIT `A' 3. Project Description 3e. This project consist mainly of removing accumulated sediment within the lake bottom and around the lake fringe (wetlands). Other maintenance activities will include repairing an existing storm drainage pipe, re- establishing the dissipater pad, repairing ruts and gullies along the side slopes outside of the lake area, and removing invasive vegetation. Excavated material will be temporarily stockpiled with the lake bottom until hauled off -site. The contractor will provide a construction entrance from Gray Marble Road to the project area. The lake will be temporarily drained down until the project area is workable. A Volvo 210 Backhoe Excavator will be utilized for the excavation of the sediment and a doser and skid - steer for work upland of the lake. Once construction is completed, contractor will remove the construction entrance and re- vegetate /stabilize all denuded areas upstream of the lake and within the project area. k i 0 ,, PROPERTY LEGAL DESCRIP'RON: r AGENT AUTHORIZATION FORM 0736708995 LOT NO. PLAN NO. ! PARCEL ID: n 7!1 6 81 9 11.? STREET ADDRESS: NEAR INTERSECTION OF SPENCER MILL RD AND GRAY MARBLE RD MORRISVILLE NC 27560 Please print: Property Owner: THE LAKE AT BRECKENRIDGE TOWNHOME ASSOCIATION Property Owner: THE LAKE II AT BRECKENRIDGE TOWNHOME ASSOCIATION The undersigned, registered property owners of the above noted property, do hereby authorize PATTY HILBURN, PLS of PABST & HILBURN, PA (Contractor / Agent) (Name of consulting firm) tD act on my behalf and take all actions necessary far the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): 1225 CRESCENT GREEN STE 250 CARY C 27518 -8119 Telephone: We hereby certify the above information submitted in this application is true and accurate to the best of our VaMedge. t' — A� IA"'A! Authorized &re Date: a Auth odzed Signature Date: t 2 2 2013 AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: 0736708995 LOT NO. PLAN NO. PARCEL ID: f 3 6 R 1 2112 STREET ADDRESS: bTEAR INTRRGECTi OF SPEN _ER MT ,L un ANa GRAN MARBLE RD MORRISVILLE NC 27560 Please print: Property Owner: THE LAKE AT BRECKENRIDGE TOWNHOME ASSOCIATION Property Owner: THE LAKE II AT BRECKENRIDGE TOWNHOME ASSOCIATION The undersigned, registered property owners of the above noted property, do hereby authorize PATTY HILBURN PLS of PABST & HILBURN, PA (Contractor / Agent) (Name of consulting flrrn) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): Telephone: We hereby certify the above information submitted.Jn this application is true and accurate to the best of our knowledge. Authorized Signature Date: IAIAVC flnilklTV MnOTW rAPnIINA – SHEET NUMBER 35 1. . I - — (D N I O O C, O O O O O co co 50' The National Map kA USTopo 47'30" PV QV CARY QUADRANGLE NORTH CAROLINA 7.5- MINUTE SERIES 78 °45' 15 °52'30" 0 47' 730 F 35 °45' 78'b2'30" Produced by the United States Geological Survey North American Datum of 1983 (NAD83) World Geodetic System of 1984 (WGS84). Projection and 1 000 -meter grid: Universal Transverse Mercator, Zone 17S 10 000 -foot ticks: North Carolina Coordinate System of 1983 Imagery..... ........... — ................................. ...NAIP, July 2008 Roads ........ .......... ..... ...... ................. 02006 -2010 Tele Atlas Names .............. .............................. ...................GNIS, 2008 Hydrography .................National Hydrography Dataset, 2008 Contours ..... .......................National Elevation Dataset, 2008 13 8'46' 156 MILS 1 °IT _ 23 MILS UTM GRID AND 2010 MAGNE [Ii DECLINATION AT CENTER OF U.S. National Grid 100,000 -m Square ID ,00 PV I (IV Grid Zone Designation 17S 5u 1+rsV PV QV 1 0.5 0 KILOMETERS 1 2 1000 500 0 METERS 1000 2000 1 0.5 0 1 MILES 1000 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000 FEET CONTOUR INTERVAL 10 FEET NORTH AMERICAN VERTICAL DATUM OF 1988 This map was produced to conform with version 0.5.10 of the draft USGS Standards for 7.5- Minute Quadrangle Maps. A metadata file associated with this product is draft version 0.5.11 O H CAROrIINA ntlAllRA Nf:i F 1 MATIr1N ADJOINING 7.5' QUADRANGLES ROAD CLASSIFICATION Interstate Route State Route US Route Local Road - -- _.__._....__...._.._ Ramp 4WD Interstate Route 0 US Route State Route CARY, NC 2010 9 '0 000 ET 10 39 58 50' 67 66 65 64 47'30" 63 '62 '61 'f1, '59000 -N 35 °45' Southeast rulhwest Durham Bayleaf Cary Raleigh West New hill Apex Lake Wheeler ADJOINING 7.5' QUADRANGLES ROAD CLASSIFICATION Interstate Route State Route US Route Local Road - -- _.__._....__...._.._ Ramp 4WD Interstate Route 0 US Route State Route CARY, NC 2010 9 '0 000 ET 10 39 58 50' 67 66 65 64 47'30" 63 '62 '61 'f1, '59000 -N 35 °45'