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HomeMy WebLinkAbout20070959 Ver 1_More Info Received_20070709 TranSrr~ittal Letter Southwind Surveying & Engineering, Inc. 14888 US HWY 17 North Hampstead, NC 28443 Tel: 910-270-8617 Fax: 910-270-8619 Mail: To: Ms. Cyndi Karoly From: Rob Nelson, P.E. OrganaatioNAddre401 Wetlands Unit Date: July 6, 2007 2321Crabtree Blvd. Raleigh, NC 27604-2260 Re: Re-submittal of PCN/401 Application Form for Moms Landing & The Village at Folkstone Via: Enclosed please find: For your information For your review For your signature Message: Ms. Karoly; .~--- - ~`l-og59 Ovemight.~ Courier. Response packages to Cyndi Karoly comments for Moms Landing, Village at Folkstone. X X Approved Approved as noted Returned to you for correction Enclosed please find five (5) copies of the revised PCN/401 application forms for your review. I have prepared an item by item response to your response letters dated May 31, 2007 The Village at Folkstone 1) Water Quality Certification: We are applying for the Nationwide USACE permit. A copy of the transmittal to the Wilmington office og USACE is submitted herewith. 2) The proper amount of $200. is herewith submitted. Moms Landing 1) The revised PCN includes the proper wetlands and stream impacts. 3) The proper amount of $200. is herewith submitted Signed ,, , 4 ~ ~~ w <.~J `1 .. r.. ~/ ~~ We appreciate your excellent handling of the issues you administer. Respectfully submitted, Rob Nelson, P.E. p~pF W ATFRPG Michael F. Easley, Governor ~ .y William G. Ross Jr., Secretary t- North Carolina Department of Environment and Natural Resources >_ .~ p 'C Alan W. Klimek, P.E. Director Division of Water Quality May 31, 2007 DWQ Project # 07-0959 Onslow County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Deuce Investments, Inc. ~1< ~ ~ _~~ Attn: Linwood Jones ~~ _ a..;f PO Box 595 ~- Smithfield, NC 27577 Subject Property: The Village at Folkstone Permitting Fee ® REQUEST FOR MORE INFORMATION ® PERMITTING FEE MISSING/INCORRECT ^ RETURN OF APPLICATION PACKAGE Dear Mr. Jones: On May 30, 2007, the Division of Water Quality (DWQ) received your application dated April 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). ^ Incorrect and/or missing wetland, intermittent-perennial stream and/or buffer impacts. 401 Oversight/Ezpress Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 /Internet: http://h2o.enr.state.nc.us/ncwetlands N °e Carolina ~tura!!y An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper THE VILLAGE AT FOLKSTQNE Revised 6/30/07 Office Use Only: Form Version March OS USACE Action ID No. DWQ No. O 7 - O ~ S ~I (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing ~`~. ~-~ o.: ~_____-~ 1. 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 ~' 401 Water Quality Certification Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested:, 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 here: II. Applicant Information :-~, :- .. , t .. . .: ,, 1.Owner/Applicant Information ~ k • ` _ .. Name: Deuce Investments, LLC g'" ~' - Mailing Address: Post Office Box 595 ' Selma, NC 27577 Telephone Number: 919-934-0118. Fax Number: 910-270-8619 ~~;' ''~• r ' <;~,;, E-mail Address: Ljones@southwnd.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: David E. Meyer Company Affiliation: Protocol Sampling Service, Inc. Mailing Address: P.O. Box 31133 Raleigh, NC 27622 Telephone Number: 919-210-6547 Fax Number: 919-510-5901 E-mail Address: Protocolsampling(a,yahoo.com tJ ~-h ar~,~ -c~ ~. Page 5 of 12 Page 6 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmazks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundazies 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 may be included at the applicant's discretion, so long as the property is cleazly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no lazger 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 aze 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: The Village at Folkstone 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIl~: 425801154733 4. Location County: Onslow Nearest Town: Holly Ridge Subdivision name (include phase/lot number): The Village at Folkstone Directions to site (include road numbers/names, landmazks, etc.): U.S. Hwy. 17 North through Holly Rid~,e to Folkstone Rd. (NCSR 1532) East. Prope is approximately 1000 feet on left. 5. Site coordinates (For lineaz 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): 34-31-36.17 °N 77-30-7-72 °W 6. Property size (acres): 231.07 Acre 7. Name of nearest receiving body of water: Turkey Creek 8. River Basin: Intracoastal Waterway (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: Selectively thinned for timber production, dirt road access surrounded by residential development. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: Residential development which will require road adi g, utility installation, and home site development. All utilities will be installed within the road ri¢hts of way. 11. Explain the purpose of the proposed work: To build residential subdivision. IV. Prior Project History If jurisdictional determinations and/or permits have been requestedand/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. New Project - No history V. Future Project Plans Are any fixture permit requests anticipated for this project? ff so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No. All anticipated work has been accounted for in this plan. VL Proposcd Impacts to Waters of the United States/Watera of the Sbte It is the applic~ni's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream charnels 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).13e 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 may be 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: Roadway crossings (6). Driveway crossings (2): Revision 6/30/07 Stream Crossings (2) Page 7 of 12 2. Individually list wetland impacts. Types of impacts include, but are not limited to wetlands ~ Tabs mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, ~,~ ~ ~,,,,,, ~~ separately list impacts due to both strnchme and flooding. snared orl~way „ sr3orioo~ wetland Impact Site Number (indicate on map) . Type of Impact Type of wetland (eg., fot+ested, marsh, herbaceous, bob, etc.) Located widtin 100-year Floodplain (yes/no) Distance to Neatest Stream (lineaz' feet) Men of Impact (saes) A Road 1 forested no - '. no stream 0.06 g " ~ " no stream 0.02 ~ " ~ " no stream x,07 D isolated " " " ~ i no~str~eam .1 E " " " .07 F " " ad' - _. .02 Lots 101%1 Q2 " " no stream ~ .029 Lots 213/214 " " " no stream 0.006 0.16 Acres Isolated Total Wetland acres 0.41 3. List the fatal acreage (estimated) of all O.3 9 5 existing vt+etlands on the property. 72.72 Acres 4. Individually list all intermittent and perennial stream impacts. lie store to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam eonstrr~tion, flooding, relocation, stabilization activities (e.g., cement vralls,rip-rap, cdb ~~ ,~~,;,MQ ~~ ~~~~ ,~;+„{~;~,~~~„~~;w„ ~ ~ ~~~,~ Stream impact Table pleas 6and""pu+o'~fils es showing theGnear~"~f""ootprint6f~or"~both"~the original and relocated streams R~~ to Snow must be included. To calculate acreage, multiply length X width, then divide by 43,560. area of Impact Changes Stream ~ Stream Name Type of Paeooial or Average Impact Men of Nnmber Impact Iatermitteat? Stream Wuith Length Impact (indicate on Before Impact (linear fed) (awes) gyp) E Unnamed Culvert Pipe Perennial 3' 37 0.07 Tn~b. F Unnamed Culvert Pipe Perennial 8' 100 .018 Trib. Total Stream Im 1 and a 137 0.088 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, dyed ' , fl ,drainage, bulkheads etc. None > Open water Impact Name of waterbody > Type of Impact Type of Watcrbody Area of Site Number (if applicable) (lake, pond, estuary, Itnpacc (indicate on map) sound, bay, (ate) ocean, etc.) Total Open Water Impact (acres) 0 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.025 Wetland Impact (acres): 0.41 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.44 Total Stream Impact (linear feet): 137 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 deternuned to be isolated by the USACE. 0.016 acres of isolated waters will be impacted by road crossings. . 8. Pond Creation ff 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 may be 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 minimi~ECl once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. All access roads have been designed to avoid wetland areas to the greatest extent possible All crossings are needed to access residential lots. Page 9 of 12 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 ~~ne acre of impacts to freshwater wetlands or greater than or equal to 1501inear 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 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 may be 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. N/A 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: Revised 6/30/07 Page 10 of 12 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federaVstate/local) funds or the use of public (federaVstate) 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 Cazolina 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 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 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 (Taz-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes No 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 multipliers. Zone* Impact s uare feet Multiplier Required Mitigation 1 3 (2 for Catawba) 2 1.5 Total Gone 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. Page 11 of 12 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. 8.21 acres (3.5%) of project is impervious surface Storm water will run along vegetated swales which will remove a majority of the organic load before entering streams. XII. Sewage Disposal (required by DWQ) Cleazly detail the ultimate treatment methods and disposition (non-dischazge or dischazge) of wastewater generated from the proposed project, or available capacity of the subject facility. All homes will be served by an on-site collection system transferred to a WWTP and retained in dedicated retention ponds. 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 http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The Villase at Folkstone has two means of ingress/e~ress• both located on Folkstone Rd (NCSR 1532). The entire parcel will be developed with undeveloped areas dedicated to remain as is No further development will be feasible. 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). nt/Agent's Signa signature is valid June 30, 2007 Date if an uthorization letter from the applicant is provided.)