HomeMy WebLinkAbout20041033 Ver 2_401 Application_20070803e~~
NCDENR
P~f- l~ Ua
North Carolina Department of Environment and Natural Resources
Division of Parks and Recreation
Michael F. Easley, Governor William G. Ross Jr., Secretary Lewis R. Ledford, Director
August 2, 2007
Ian McMillan
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Dear Ian,
Attached please find courtesy copies of the preconstruction notification form for a trail project taking place at Jones
Lake State Park. I have included two copies of the application. If you are not the correct person to handle these
applications, please forward it to the right person and let me know so that I can direct these fom~s to the right
person in the future.
I understand ifiat as long as the projects comply with the corresponding DWQ requirements for these projects, no
written approval is necessary.
Please let me know if there is anything else you need from me. I appreciate your help with this a
Sincerely, ~~~~
~- Zp01
~1e synch ~~~e G 3 - ..
astal Region Biologist
NC Division of Parks and Recreation
Department of Environment and Natural Resources
Carolina Beach State Park
P.O. Box 475
1010 State Park Road
Carolina Beach, NC 28428-0475
PHONE: 910-458-8206, ext. 227
MOBILE: 910-409-5755
FAX: 910-458-6350
EMAIL: jean.lynch@ncmail.net
1615 Mail Service Center, Raleigh, North Carolina 27699-1615
Phone: 919-733-4181 • FAX: 919-715-3085 • Internet: www.ncsoarks.net
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Office Use Only: Form Version March OS
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
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: NWP 42, Recreational
Facilities
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 Man~g~~,~
Environmental Concern (see the top of page 2 for further details), ch ~ 44
II. Applicant Information ~~~ ~ - ZQQ7
1. Owner/Applicant Information DENR -WATER Q.UALiTY
111~T~ ~~4 ST(~FiMtMAT~R 4ft~1f~'~
Name: North Carolina Division of Parks and Recreation (Jean Lynch)
Mailing Address: P.O. Box 475
Carolina Beach NC 28428-0475
Telephone Number: (910) 458-8206 Fax Number: (910) 458-6350
E-mail Address: jean.l nch ,ncmail.net
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:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
Updated ]1/1/2005
Page 5 of 5
E-mail Address:
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 may be 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: Jones Lake/Salters Lake trail work
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: ;Braden Nearest Town: Elizabethtown
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.):
Jones Lake State Park is located in Bladen County four miles north of Elizabethtown on Highway 242
To reach the park from Wilmington, drive west on US 74/76. Turn right onto NC 87 and travel north
toward Elizabethtown. Turn right onto NC 87 Business. At the second light turn right onto US 701
Travel north for one mile and take a left onto NC 53. Take an immediate right onto NC 242 Drive north
for two miles. The park entrance, indicated by a large sign will be on the left. To arrive at Jones Lake
from Fayetteville, drive east on NC 53 for approximately 40 miles take a left onto NC 242 and travel
north. The park entrance, marked with a large sign is two miles on the left.
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): 34.69901421 °N -78.61916380°W
6. Property size (acres): 1700 acres (land only)
7. Name of nearest receiving body of water: Salters Lake
8. River Basin: Cape Fear
Updated ] 1/1/2005
Page 6 of 6
(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: This is a state park and is used primarily for outdoor
education/recreation. Land in the vicini of the project is natural area used for hiking and
for limited access to Salters Lake. The Park is adjacent to Bladen Lakes State Forest.
10. Describe the overall project in detail, including the type of equipment to be used: The
~- project is the creation of a trail to allow park visitors to hike from Jones Lake State Park over
~~,,~,, ~~ r~-~.', ~ to the adjacent Salters Lake ~State~~-~k-e: Equipment will include a brush hog for clearing a
John Deere Bator to transport building materials, and a Yanmar Motorized Wheel Barrow to
~~G`J _ ' transport and place the fill, as well as hand tools.
~ 11. Explain the purpose of the proposed work: Currently there is no hiking_path linkin Jones
Lake State Park and Salters Lake State Natural Area At the present time people wishing to
visit Salters Lake must request a lock combination and drive to Salters Lake on a gated dirt
road that cuts through State Forest property. The Division of Parks and Recreation would like
to allow access for hiking to Salters Lake from the adjacent state park without requiring
visitors to cut through state forest land or to use a combination lock to access the lake
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.
Wetland determination was conducted in the. field by Kim Garvey, USACE, with Jean Lynch
from State Parks, on March 28, 2007. The_ wetland boundaries indicated on the attached site man
were determined on that visit.
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.
N/A
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,
Updated 11/1/2005.
Page 7 of 7
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: The project proposes to fill
proximately 420 linear feet of forested wetland (op eosin) with a trail 4 feet wide (for a
total of 1680 square feet) to provide a level walking surface for hikers. An additional 160
linear feet of forested wetland will be boardwalked at 76" wide (6'4" wide for a total of
1008 square feet) rather than filled.
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 tc hcth stntchrre and flnnrlinu
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
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
1 clear trail and place fill forested No n/a .039
2 clear and boardwalk forested No n/a .023
Total Wetland Impact (acres) .062
3. List the total acreage (estimated) of all existing wetlands on the property: Not delineated
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 acreage, multiply lens?th X width_ then divide by 43 5fi~_
Stream Impact
Number
(indicate on map)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)
Updated 11/1/2005
Page 8 of 8
Total Stream Impact (by length and acreage) 0
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, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on map)
Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
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):
Wetland Impact (acres): .062
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres) .062
Total Stream Impact (linear feet):
7. Isolated Waters
Do any isolated waters exist on the property? ^ 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.
8. Pond Creation
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 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
Updated 11/1/2005
Page 9 of 9
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.
The route chosen represents the shortest route from Jones Lake to Salters Lake that State Parks
was able to find. Because of the extensive pocosin communities in the area, it is necessary to
cross through some pocosin wetland. Sta~~ out of the pocosin would force the trail to cross
back over into Bladen Lakes State Forest, which is owned by a different agency. The park was
able to connect the path to existin>; trails and roads, to minimize new disturbance. In addition,
pile-supported boardwalk is being used on 160 feet representing the wettest part of the trail. The
part of the wetland that is being filled falls on the drier end of the spectrum. Boardwalking the
entire trail is cost-prohibitive.
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
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 (see DWQ website for most current
version.).
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.
Updated 11/]/2005
Page 10 of 10
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://www.nceep.net/pages/inlieureplace.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):
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):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public ,(federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ^
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
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 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
Updated 11/1/2005
Page 11 of 11
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 multinliers.
Im act q
Zone* P Multi Tier Re uired
/crniara fPPrl h r~a~....__
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 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. not applicable
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. Impervious surface is limited to the visitor's
center parking lot on the other side of Jones Lake and to roads bordering_park lands
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.
Not applicable
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
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
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:
Updated 11/1/2005
Page 12 of 12
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).
`~ Applica t/Agent's SignaY~re ate
(gent's signature is valid only i-~'an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 13 of 13
1 • 4
Vicinity Map: Jones Lake-Salters Lake Trail
.17
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77,
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