HomeMy WebLinkAbout20071176 Ver 1_401 Application_2007070707-1176
JARVIS CONSULTANTS, INC.
CONSULTING ENGINEERS -PLANNERS -SURVEYORS
223 RESPESS STREET
WASHINGTON, NC 27889
PHONE (252)974-7794
FACSIMILE (252) 974-7795
~~ ~ __.
To: Date: Jul 5, 2007 Job No. 06146
NCDENR Attention
Division of Water ualit
401 Wetlands Unit
1650 Mail Service Center
Ralei h, NC 27699-1650
WE ARE SENDING YOU x Attached ^ Under separate cover via
the following items:
^ Shop drawings ^ Prints ^ Plans ^ Samples
^ Copy of letter ^ Change order ^
^ Specifications
COPIES DATE No DESCRIPTION
7 Nationwide Permit A lication
7 Sedimentation and Erosion Plan -Nationwide 8
1 Check for $200.00
THESE ARE TRANSMITTED as checked below:
x For approval ^ Approved as submitted ^ Resubmit copies for approval
^ For your use ^ Approved as noted ^ Submit copies for distribution
^ As requested ^ Returned for corrections ^ Return corrected prints
^ For review and comment ^
^ FOR BIDS DUE 20 ^ PRINTS RETURNED AFTER LOAN TO US
^ PLEASE DESTROY ALL PREVIOUS ISSUES
REMARKS:
This had previously submitted as a NW 39. The impacts were reduced and changed to a NW 18.
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Office Use Only: Form Version March OS
07-1176
USACE Action ID No. DWQ No.
(If any particular item is not applicable to ttus project, please enter °NOt appucanie° or ..NiP,~~.l
I. Processing
~" ~ I
Check all of the approval(s) requested for this project:
^ Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ .Isolated Wetland Permit from DWQ
X 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
__
__
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check hereT ~~ -? , ~ ~ ; s K rv
u~ ~
II. Applicant Information ~+ _! i_ LOO l
1. Owner/Applicant Information ~,,~,,;;~:. ,n~~, ~~ ~~;,; ~~v
Name: Shivam Development Co. LLC ~~~ ~ t ^rt~t.a; %`_~,~~ sr~?~:pv~: rya as.aRac~r
Mailing Address: 14603 Bowie Road #102
Laurel. MD 20708
Authorized Member • Mayak Patidar
Telephone Number: 240-505-5222 Fax Number: (240) 524-8999
E-mail Address: sivani96~a yahoo.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Ralph S Jarvis
Company Affiliation: Jarvis Consulting Inc.
Mailing Address: 223 Respess Street
Washington NC 27889
Telephone Number: 252-974-7794 Fax Number: 252-975-7795
E-mail Address: sam jarvispa(a~earthlink net
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey. with the property
boundaries outlined. Plan drawings, or other maps maybe included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Meadow Oaks Subdivision
2. T.LP. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 34-43
4. Location
County: Onslow Nearest Town: Jacksonville
Subdivision name (include phase/lot number): Meadow Oaks Subdivision
Directions to site (include road numbers/names, landmarks, etc.): West on NC11 lfrom NC
258 to Bannerman Mill Road rii~it 2 miles more or less on left immediately north of
Chappel Creek Estates.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 34°51'06" °N 77°34' 14" °W
6. Property size (acres): 31.51 ac
wx_d__
7. Name of nearest receiving body of water: Chappel Creek St,~d~, we.c~ C~ccl~c .~.~ d
8. River Basin: IY,6w River ~1-,,mot' .e._ 9o.JK. ~;,.~
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Currently wooded in re-growth mixed trees. Sin legs family
residential ispre-dominant
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: New
subdivision with street to be graded over/under to be used to cross wetlands and increase
elevation at crossing
11. Explain the purpose of the proposed work: Grade out streets and place material in portion
of wetlands at crossing}.
IV. Prior Project History
If jurisdictional determinations and/or permits have been- requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
None
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs maybe included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The wetland is at a headwater
for 2 local drainage areas The impact will include roadway fill cross one, and an area at
the endofSun Street to construct aturn-a-round area required b~ NCDOT and Onslow
County Subdivision Ordinance Maximum area of 0.1 acres to be filled.
Page 7 of 12
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Neazest
Stream
linear feet Area of
Impact
(acres)
1 Fill Forested No 1500 0.068
2 Fill Forested No 3000+ 0.032
Total Wetland Impact (acres) 0.1
3. List the total acreage (estimated) of all existing wetlands on the property: 7.39
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions; etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acrea e, multi 1 len X width, then divide b 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
lineaz feet Area of
Impact
acres
N/A
Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dred 'n , floodin , draina e, bulkheads, etc.
Open Water Impact
Site Number
indicate on ma
Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres
N/a
Total Open Water Impact (acres)
Page 8 of 12
6. List the cumulative im act to all Waters of the U.S. resultin from the ro'ect:
Stream Im act acres
Wetland Im act acres : 0.1
en Water Im act acres
Total Im act to Waters of the U.S. acres
Total Stream Im act (linear feet):
7. Isolated Waters
Do any isolated waters exist on the property? X Yes ^ No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
No impact to existin pond
8. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation-of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. See Attached Schedule A
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
Page 9 of 12
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that maybe appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http•//h2o enr state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
_ _preservation mechanism (e.g., deed restrictions, _conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The impacts have been reduced from 0.48 acres to 0.1 acre. The impacts are the
minimum to allow the project to be constructed and a lame wetland area remains. The
impacts will not reduce the function of the wetlands.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federaUstate/local) funds or the use of
public (federaUstate) land? Yes ^ No X
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA .
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ^ No ^ N/A
3. If yes, has the document review been. finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ N/A
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts__are proposed to the buffers. Correspondence_from__the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No X
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multi Tiers.
Impact Multi lier Required
3 (2 for Catawba)
1.5
Total ~ ~ ~ ~
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
Page 11 of 12
Sy - /~ ~~2-u~J'' ,~Er~r3 c-~ 3 •/9 • o ~
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 14 of 14
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss Stormwater
controls proposed in order to protect surface waters and wetlands downstream from the property. If
percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed
impervious level. Application filed with Division of Water Quality for stormwater mana eg ment permit.
XII. Sewage Disposal (required by DWQ)
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.
On-site septic tank and drain fields
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No X
Is this anafter-the-fact permit application? Yes ^ No X
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No X
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
htt~//h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
Schedule A
VII Impact Justification
The original construction plans were prepared from a wetland map furnished by a soil
scientist. The delineation had not been completed as we had thought it to be and had not
been reviewed by the US Army Corps of Engineers. The original plan design was an
isolated upland through an area not mapped as wetland at the grade break for two
drainage areas. The contractor cleared the uplands within the street right of way up to the
obvious wetland boundary and found the fill would be greater than if the street location
was moved southward to the narrow crossing of the newly identified wetland boundary.
The fill across the wetland area will serve two purposes. 1.) It will allow access to seven
residential lots west of the wetland boundary. 2.) The placement of a pipe will act as an
overflow for either side of the drainage boundary and maintain continuity between the
wetland boundaries. The minimization of impacts result by relocating the street to a less
impacted wetland crossing. All lots have been re-configured so that their use does not
depend on fill placement. No fill at site one is proposed outside the street right of way.
The road crossing impact was reduced from 0.4 acres to 0.032 acres. Area two impact
has been reduced from0.08 acres to 0.068 acres. The Onslow County zoning ordinance
requires a right of way be extended to the adjacent property owners. The original plan
was prepared without the knowledge of the wetland being present at the end of Sun
Street. The North Carolina Department of Transportation has required aturn-a-round be
installed at the end of Sun Street. Lot 19 will have overburden placed on it and fill in the
wetlands is needed to provide a stable slope for the fill and to provide the turn-a-round at
the end of the street.
The original Nationwide permit request impacted 0.48 acres because the street excavation
would generate approximately 9000 cubic yards of overburden material. The street
grades have been raised to reduce the overburden volume and minimize the impacts for
fill areas. The lots have been identified by builders for purchase, and a redesign would
not lessen the impact any more than the plan as shown.