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HomeMy WebLinkAbout20070976 Ver 1_More Info Received_20070611O~O~ W A T ~qPG r ~_ ~ O '< /'y !~_ ~~~/ Michael F. Easley, Governor (' William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resowces Coleen H. Sullins, Director Division of Water Quality June 5, 2007 CERTIFIED MAIL: RETURN RECEII'T REQUESTED R.G. Tec Securities, Inc. Attn: Ron Greger PO BOX 97 Creedmoor, NC 27522 Subject Property: Soutberby Subdivision Lot 19 Additional Copies Needed ® REQUEST FOR MORE INFORMATION ^ PERMITTING FEE INCORRECT ^ RETURN OF APPLICATION PACKAGE Dear Mr. Greger: DWQ Project # 07-0976 Granville County ,, F f f«,~ 7 ~~: ` 1 f~; ~: JUN .~ 1 2007 `'~NR -WATER ~UALrTY `~r.'0.4 AfJD STORM{h!ATEP, sRANCif On June 5, 2007, the Division of Water Quality (DWQ) received your application dated May 18, 2007 for the above referenced project. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive five copies of the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: ^ Water Quality Certification, See I. Processing, Item 2.. Please state which Permit (Nationwide, Regional or General) number you intend to use. You may want to contact the U.S. Army Corps of Engineers (USAGE) to determine which permit they will allow you to use. ^ Please provide verification from the Corps of Engineers showing that your project will require a Nationwide ^ DWQ requires the name of an individual shown as "Owner/Applicant" to set up the project. ^ The PCN Application failed to contain the Applicant/Agent's Signature and Date. See last page of application. (Agent's signature is valid only if an authorization letter from applicant is provided). ^ Water Body information not stated. See III Project Information, Item 7. 401 OversighUExpress Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevazd, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919.733-6893 /Internet: httn://h2o.enr.state.nc.us/ncwetlands N~~o~~Carolina d ru~~~ ^ Incorrect and/or missing wetland, intermittent-perennial stream and/or buffer impacts. DWQ is unable to review this project without noted or corrected impacts reflected. ^ Lack of permitting fee. Please note that beginning January 1, 1999, the N.C. General Assembly passed legislation requiring payment of a fee for a11401 applications. The fee for applications is $200 for projects impacting less than an acre of wetland and less than 150 linear feet of streams. For projects impacting one or more acres of wetland or 150 or more feet of streams, the fee is $475. ^ A request for a modification of an issued permit requires re-submission of five (5) application sets and appropriate fee. We have herein returned your modification request. ® Application was missing pages or sections of information. See Other section below. ® Other: DWQ requires three copies of the Variance Request Form and supporting materials, and we have only received one. Please send two additional copies. Please contact the DWQ within three weeks of the date of this letter to verify that you have received this letter and that you remain interested in continuing to pursue permitting of your project and will be providing the DWQ the requested information at a later date. Please contact this office in writing. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Mr. Ian McMillan or me at 919-733-1786 if you have any questions regarding this letter or would like to set up a meeting to discuss this matter. Sincerely, Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBK/rnj cc: Mike Horan, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office Soil & Environmental Consultants, Attn: Jessica Regan, 11010 Raven Ridge Rd., Raleigh, NC 27614 File Copy Central Files Filename: 070976SoutherbySDLot 19(Granville)_Copies OFFICE USE ONLY:. Date Received Request # - State of North Carolina D of Ernrimnrnent and N Resources ~isian of Water QuaG[y Variance Request Form -for Minor Variances Protection and Maintenance of Riparian Areas Rules NOTE.- This form maybe photocopied for use as an original. Please identify which Riparian Area (Buffer) Protection Rule applies. o Neese Rarer Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B .0233) o Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B .0259) o Catawba River Basin: Protection and iaintenance of Existing Riparian Buffers (15A NCAC 02B .0243) Part 1: General Information (Please include atY~rim~ents if the room 1w~vide'd is insuh9cient.) 1. Applicant's name (theme rporation, individual, etc. who owns the property): 2. Print Owrter/Signing OtTic Name: True: Street address: , City, State, Zip: Telephone: Fax: ~ A~ o, 3. Contact person who can Name: Telephone: Fax: {R I q Emait: .a IegauY r+esponsibie for the property and its compliance) questions about the Proposed project: ~ Cn-~4er 4. Project Name (Subdivision, f~ility, or establishment name - consistent with project name on plans, cations, letters operation and mai ~~ l ~r ~5~? //'l i nf-n ~J t~.1,~ ~r~~~~~m~o Y A Pr' version 2: November 2002 p~'7.S~a' 5. Projec# Location: ,! , J 1 ! ~ p~~'?'~ _ Sfiree# address: LoT ~ „~-~ City, State, 2rp: ce N e. v''~ Courrty: ; Latitudellongitude: _ 6. Directions th site from nearest major intepn (Also, ~~ ~ g i4 x 11 copy of the USGS topograph" p rndicati the k~ca of the siie): c `~erb ~ c ~~~ "" U (v d' [-t'i,V ~ ISM ~]ou- ~ ,5__ ~l t~C~i vt Sibl 7. Stream to be impacted by the proposed activity: Stream name (tor unnarrred label as `UT' th the nearest named stream): L1 T s~K (.cri5 i~zs /t vdct.+- n~`~ ot~ Stream dassfication [as identified within the Schedule of Clas~fications 5A NCAC 2B •0315 (Meuse) or .0316(Tar-Pamlico)]: - 8. Which of the following permits/approvals will be required or have been received already for this project? Requin3d: Received: Date received: Permit Type: CAMA Major LAMA Minor 401 Cer'tificatioN404 Permit On-site Wasdewater Permit NPDES Permit (mdudirrg sb~rmwater) Non-discharge Permit Water Supply Watershed Variance Others (specify) _ Part 2: Proposed Activity (Please include attachments if the nom Provided is insufficient.) 1. Description of proposed activity Ipso, P~Se at#ach a map of sufficien# de#ail (such as a plat map or site plan) to accurately delineate the boundaries of the land fio be utilized in carrying out fhe activity, the location and dimension of any disturbance in the riparian buffers associated with the activiiy, and the extent of riparian buffers do the land. Include the area of buffer tin ct In ftzj: 1`„r_Z r ~ ~ C ~ rr. iva!'.V~ i La 7.v,.. n 7 7r.~.1"'I~Y~GG. r~'( Z[~Q. 1 `(r1C} s ~ rt `_ Y r %' . ':'' ~cc.•• rn en ~ inns v~oo._ vO1ti, ..... e _ _ ~~ _ , ~ _ 2. State reasons why this plan for the proposed activity cannot be ~prac~ically acoatmptished, reduced or ured to better minimize or eliminate distiurbance to the riparian buffers: u e ~S i~~ p. ~ Goa ~ ~ ~ Sku ued trig' t..,6 /`h Pam ~ L:.o u-S-~ !lv LvtGr~Ch vr`a ~- v 1 Variance Request Form, pie 2 Ve-sion 2: NoMemb~ 2000 3. 4. Description of any best management prac~rces th be used to control impacts associated with the proposed activity (i.e., control of runoff from impervious surtaces to provide diffuse flow, re-planting ~etation or enhancement of exerting vegetation- etc_1- (3) If economic hardship is the major consideration, then include a specific explanation of the economic hardshi and the proportion of the hardship to the entire value of the,pro~ 'f ftQ, i ~ C.al~ 5"t1r'~.c t~-i d~ O'~ V1 c1Yti.t..~ [~t~ o t.t.~ CQ 1~2 h 14~~ Part 3: Deed Restirictions BY your signature in Part 5 of this application, you certify that all structural stonrn!rater best management prac~ioes required by this variarxe shag be located in recorded stomnerater easements, that the easements will run with the Land, that the e~ cannot be changed or deleted without concumenee from the State, and that the easements will be recwrcied ~irior to the sale of any lot. Part 4: Agent Authorizatipn If you wish to designate submittal authority to another individual or firm so that they may provide information on your behalf, please complete this section: Designated agent f ndividual or firm): Mailing address: O O ' City, Stafie, tip: .pr' Telephone: Fax: Email: Soil d- E r vi ron 4,~-~,nt-s .~.'~„ Part 5: Applicant's Certification Valiance Request Forth, page 3 Version 2 November 2000 Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. (2) How these difficulties or hardships r~esuft from conditions that are unique to the property invehrr~ri I, ~dn~l ~. ~ ~--- ~~ (Pd~ ~ ~ name of person listed in Part 1, IUem 2), certify that the inf<~rrrration included on this permit applic~rtion form is correct, that the project will be aonstruc~d in with the approved plans and that the deed restrictions in accordance with Part 5 o fo wily recorded with aN required permit conditions. Signature: Date: Tttle: Variance Request Form, page 4 Version 2: November 2000 6 110 - NOI1~lO1S~2J ~l~~~(19 ~ __ 3~N3d __, - '. --_ 1lIS 9NIlSIX3 - ~ (I ~NOZ) ?~3ddfl9 3Sf13N 9 ~ `` l3NNdNS WH32l1S -- L~ __ S3NOZ 8 l ~!, 9N IlN`dld Sl~dd W I j 1N3W1a3S ,~~daNnog 1 ~~ U?l3d021d ~ ~ . ~ ~`~~\ ~ l J ... \ \\ { \ \;~ 1 6 i ~ .~ ~,. ___ __ ~~ ,. .y: ~ 3~N301S3?J t: , ~~ ... ,.,..._,.. ~_ / 3NIl33bl 31VWIXObddH m, ; n ~ ~ ~ mvt' ° ` T ~ oZ a o~ oZ ~ ~ ~~ o z ~ o ~ N .oz = „ 13id~s 5 N ~ _ ~ C o ~ U LIl?JON O ~ ~ ro~ ~ _" ~ ~ 9~ ~ o~ , _ ~o N a RY Dyp~ d37n~ 1Nlw ~ ~ '31VWIXO21ddV 32JV SNOIlHSOI ll'd 'Sld 'NOSIIM S3W`df J.9 a301~0?Jd ('Sl3 '3Nn?J31N3~ WV3211S `SNOI1`d~Ol 3~N3aIS3?i) Vld4 3115 l`dN011144`d '~3$S A9 'LOOZ `b I ~ldW NO 431S311OS H1V4 Sd9 'Z '31vWIXOJddV 3?!V SNOISN3WI~ aNV `SNOIlVn3l3 `SNOIldSOI llV ' I 'S310N l ,~ . ~~ ~~~ ~,~ ~, ~ O I ~~ i ~~. l ~~ ~ ~ ~. ~. 15 ~ 43 65, c 16 259 g~,0 Pump 36' 14 .Station 753.33Sq,Pt, ~ 13 2S9,3S, PUb(i~ ~~~, SS 5 I ~ ~r ~ ~ ~ ~ ~ L ~ . ~. ~. ~ ~ ~ . S .i 13 82, c o~ ,~ ~ ire 0` ~ ~~~ ~ ~ ~~ `~ . ~ t , ~. ~, ~ 18 ~. l ~' 17`i322 Sq. ~ \v~~ ;, o ., ~. ~~. rn ,~ M ~~~ ~.1,; 1 2559 S ~~ ~6 -. ~ ~ ~. ~. SI ~ ~ u~~^. .o 1) A ° Out- ~ ip ,\ _, 20' Zone 2 Neuse =' '~^~ `. u J v/ ``\ River Buffer ~ ~\ ~~ ~\ M ~~ ~\ 30' Zone 1 Neuse ~~ River Buffer May 15, 2007 S&EC Project No. 1-D9 Lauren Cobb NCDENR - DWQ Raleigh Regional Office 3800 Barnett Drive Raleigh, NC 27609 Mr. Danny Smith NCDENR - DWQ NPS Assistance and Compliance 52l N. Salisbury St. Raleigh, NC 27604 Reference: Southerby Subdivision Notice of Violation Response and Riparian Buffer Restoration Plan Granville County, NC Dear Ms, Cobb and Mr. Smith: As requested in your April 24, 2007, letter, Soil & Environmental Consultants, PA (S&EC) has been engaged to prepare a Riparian Buffer Restoration Plan for impacts to the buffer of an unnamed tn~utary of Cedar Creek during the development of the Southerby Subdivision in Creedmoor, NC. On May 14, 2007, S&EC visited the referenced project site to observe site conditions associated with reported riparian buffer impacts. While onsite we observed the characteristics of the site (including current grading and stabilization operations), the surrounding area, verified surface and channel flow conditions, observed buffer impacts and observed existing property boundaries, utilities, water conveyance struchu+es, and existing erosion and sediment control measures. During our visit, we traversed the impacted area and observed the extent and severity of the impacts. In this process we identified and GPS Located the extent of the impacts to Zone 1 of the Neese River Riparian Buffer. The purpose of this letter is to summarize our findings regarding impacts to the riparian buffer that have occurred on site and describe in detail our restoration plan. Site Description Environmental Consultants, PA, Road Rakigb, Nth Carolina 27614 Phone (919) 845900 Fax: (919} 846-9~i6? wwar.SandEC~ The site is located in Creedmoor, North Carolina and consists of three single home sites {Lots 12, 13, and 19) within a new housing development. The site is in the Neese River Southetby Subdivision Soil & Environmental Consultants, PA future sediment impacts: May I5, 2001 Project No. l-D9 to 1 Repair as necessary and augment existing site Erosion and Sediment (E&S) control measures including silt fence, existing sediment traps and sediment basins. All additional E&S control measures and repairs should beperformed /installed in accordance with NCDENR approved standards. Temporary and permanent seeding measures should be applied at the earliest opportunity across the site. All existing and new E&S devices should be inspected and cleaned out (sediment moved from upstream of the devices) as required. Typically the frequency of inspection is weekly, and after each rainfall event of 0.5 inches (or greater). Step 2 To the extent, required by DWQ, manually remove excess sediment in the riparian buffer as identified on the plan sheets. Excavation of excess sediment within the buffer will be to a depth coincident with the original ground surface (as directed by S&EC personnel). Excavation will be performed with manual labor using shovels {flat head or "sharp shooter") and 5 gallon buckets. Caution will be applied so as not to disturb any adjacent vegetation. Existing roads will be used for vehicular access to assist in mass sediment removal. In areas of extensive sediment accumulation, motorized equipment maybe utilized. Where motorized equipment is used every effort will be made to reduce the impact to the existing vegetated buffer. No thinning or clearing of vegetation will be performed. Recovered sediment will be transported away from any channel or buffer areas and disposed of properly (in accordance with State and local regulations}. S#e° 3 Buffer areas where sediment is removed will be stabilized with straw mulch and temporary seeding measures including the most appropriate erosion control grasses for the season. Clean-up operations will be performed under the direct supervision of an individual with a thorough understanding of the purpose and the delicate manner in which manual methods should be performed. We understand that RG. Tec Securities will engage S&EC to observe and provide onsite supervision of buffer clean-up operations. Buffer Restoration/Planting This restoration plan has bean prepared for the purpose of providing an approach to restore impacted areas of Zone 1 to sufficient woody plant density fA maintain diffuse Page 3 of 5 Southerby Subdivision Soil & Environmental Consultants, PA May i5, 2007 Project No. l-D9 Basin with onsite unnamed tributaries draining to Cedar Creek. A vicinity map is provided in Figure 1. Onsite Observations Our observations and evaluation were focused on the impacts to the riparian buffer in the three lots specified by the Notice of Violation. Lot 12 Vegetation was cleared in approximately 200 ftZ of Zone 1 during grading of the lot in preparation for the construction of the residence. Approximately 3-5" of sediment was released into the buffer (over an area of approximately 200 ft ). It appears this sediment overtopped silt fence during grading operations. Lot 13 Approximately 700 ftz of Zone 1 had vegetation cleared during the grading of Lot 13. Fill was placed. in approximately 500 ft of Zone 1 during the construction of the residence. This fill is approximately 5-feet in depth. \ Lot 19 Vegetation was cleared in approximate) l,l ~ ft of Zone 1 during grading operations. Fill was placed in approximately 900 ft~of Zone 1 during the construction of the residence. This fill is approximately 4-feet in depth. Approximately 3-5" of sediment was released into the buffer (approximately 300 ft2 ). It a1P)?~ this sediment overtopped existing silt fence when grading operations were completed. Also, it appears That a portion of the previously constructed residence currently exists within Zone 2 of the riparian buffer. Buffer Sediment DepositionlFill A volume of sediment and earthen fill was observed along the impacted buffer. Sediment depositionlfill will require removal and proper disposal. Once removed the disturbed surface within the clean-up zone will require temporary stabilization including seeding and mulching as required by the season and as descnbed in the Erosion & Sediment Control Planning and Design Manual (latest edition). The impacted stream buffers and approximate depths of sediment/fill have been identified on the attached maps (Sheets 1 and 2). Proposed Clean-up Operations This clean-up plan has been prepared for the sole purpose of providing a sysi~ematic approach to remove sediment deposited into stream buffers. Based on our site observations and experience with similar projects S&EC proposes the following steps be performed to remove the existing sediment impacts onsite and reduce the potential for Page 2 of 5 Southerby Subdivision Soil 8t Environmental Consultants, PA Minor Variance May I5, 2007 1'rojectNo. l-D9 As described in the NOV, the existing residence on Lot 19 was constructed partially inside Zone 2. This will require an after-the-fact Minor Variance, which R.G. Tec Securities will be applying for. On Lot 12, a similar situation has arisen. While there is not currently a house constructed, due to the size and shape of the lot, a portion of the home will likely need to be constricted within Zone 2 of the buffer. A Minor Variance for those impacts will also be required. Please contact us if you have any questions or comments regarding this Buffer Restoration Plan. We thank. you for your assistance and project input to date. Sincerely, SOIL & ENVIRONMENTAL CONSULTANTS, PA .~°'' r- ~ ~-c,U- Jessica E. Regan Environmental Scientist Attachments: Figure 1 Sheets 1 and 2 Cc: Ron Gregor, R.G. Tec Securities Rebecca S. Wargo N.C. License No. 3t Page 5 of 5 `~~~~~`CAR~ .~... ~•~o~. •~~$3/Q _'> O fi~ca ~s . ~ sotirt~y Subdivision Soil & Envirmnnental Consultants, PA flow through the riparian buffer. htay is, aoo~ Project xo.1 D9 Based on our site observations and experience with similar projects S&EC proposes the following planting plan be implemented in order to revegetate the impacted Zone 1 ripatiazl buffer. These areas are shown on the attached Sheets 1 and 2. The total area of Zone 1 to be over planted is 2,000 square feet and is divided amongst the three lots as shown in the table below. A total of 56 trees are to be planted randomly throughout this area at a spacing of approximately tea feet. Impacted Area Number of Stems Lot 12 200 feet 6 Lot 13 ?00 feet 20 Lot 19 1,100 f~ 30 TOTAL 2,000 feet 56 Plantings must include at least two species from the following list: Cornmoa Name 'F'RE ES Betula ni Rivet Birch Cornus orida Cerris canadensis Redbud Chionartthus vi ' ' us F ' e Tree Fraxinus Ivanioa Green Ash Liriodendron tali 'ern T P tar SARI I85 Aesculus lvatica Painted Backe Aroma aru Ha Red Cha Euon us americanus Hearts-a-bustin' Lindera benwin S icebush era Southern Wax M Rhododendron ides W~1d Azalea For initial establishment and robust growth it is recommended that one gallon container or larger plant material be used Implementation Schedule Within 45 days of the approval of this plan by DWQ, clean-up operations will be completed (barring any inclement weather). A final report will be submitted to NCDENR DWQ within two weeks of the completion of site work. Page 4 of s aooiaoo ~ xv~ ea-~a tooais~iso Page 1 of 1 http://www.granvillegis.org/mapguide/mapagent/mapagent.fcgi?OPERATION=GETMAPL.. 6/6/2007