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HomeMy WebLinkAbout20090684 Ver 5_401 Application_20140114oq- oLO$4 vs Aston Soil Works, Inc. January 3, 2014 P.O. Box 86 Simpson, NC 27879 NC DWR 401 & Buffer Permitting Unit 1650 Mad Service Center Raleigh, NC 27699 -1650 I' Re DWR 401 Certification Robert H Gryb Protect in Pamlico County, NCB Dear 401 & Buffer Permitting Unit, Please find enclosed five copies of documents for your review regarding a Nationwide Permit 18 for the referenced protect The package includes 1 Pre - Construction Notification Form version 1 3 Dec 10 2008 signed by owner 2 Scaled drawing of wetlands with proposed impacts 3 Fee Payment to DWR for $240 00 If you have any further questions or require additional information, please contact me at (252) 341 -9707 or email geneaston(cD-suddenlink net Sincerely, led., '-'� Gene Aston Cc Emily Greer, US Army Corps of Engineers JAN 1 6 2014 of o� pG Office Use Only Corps action ID no o DWQ protect no Form Version 13 Dec 10 2008 Page 1 of 11 PCN Form — Version 1 3 December 10, 2008 Version Pre - Construction Notification PC Form A. Applicant Information 1. Processing la Type(s) of approval sought from the Corps ®Section 404 Permit El Section 10 Permit 1 b Specify Nationwide Permit (NWP) number 18 or General Permit (GP) number 1 c Has the NWP or GP number been verified by the Corps? ® 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 in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program ❑ Yes ® No 1 g Is the protect located in any of NC's twenty coastal counties If yes, answer 1 h below ® Yes ❑ No 1h Is the protect located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a Name of protect Gryb 2b County Pamlico 2c Nearest municipality / town Lowland 2d Subdivision name 2e NCDOT only, T I P or state protect no D In) rL3 3 Owner Information 3a Name(s) on Recorded Deed Robert H Gryb JAN 1 6 2014 3b Deed Book and Page No 565/399 Robert Gryb r 9 QUALITY 3c Responsible Party (for LLC if applicable) 3d Street address 210 Wilson Point Road 3e City, state, zip New Bern, NC 28562 3f Telephone no 252 - 637 -1104 3g Fax no 3h Email address eleconllc @hotmail corn Page 1 of 11 PCN Form — Version 1 3 December 10, 2008 Version 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 Gene Aston 5b Business name (if applicable) Aston Soil Works Inc 5c Street address 2858 Madison Grove Road 5d City, state, zip Greenville, NC 27858 5e Telephone no 252 341 9707 5f Fax no 5g Email address geneaston @suddenlink net Page 2 of 11 PCN Form — Version 1 3 December 10, 2008 Version B. Project Information and Prior Project History 1 Property Identification 1a Property identification no (tax PIN or parcel ID) Map L02 -6 -5 1 b Site coordinates (in decimal degrees) Latitude 35 30082 Longitude - 76 61352 (DD DDDDDD) ( -DD DDDDDD) 1c Property size 41 36 acres 2. Surface Waters 2a Name of nearest body of water (stream, river, etc ) to Goose Creek proposed project 2b Water Quality Classification of nearest receiving water WS -1 2c River basin Tar - Pamlico 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 Majority of property is a mature pine- hardwood forest with remainder coastal marsh Adjacent areas are undeveloped with past use timber production 3b List the total estimated acreage of all existing wetlands on the property 3993 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 0 3d Explain the purpose of the proposed project Expand southern upland area to faaltate ingress /egress around residence and aid in the construction process 3e Describe the overall project in detail, including the type of equipment to be used A triangular area impact of 08 acres is proposed adjacent to the proposed residence Clearing is necessary prior to filling The clearing will be conducted with chamsaws and a mulcher The mulcher will grind trees to ground surface level Soil material will be hauled in and site construction will utilize a steel track bulldozer The progression of constuction will be from the existing upland and no construction traffic will be outside upland or project areas 4. Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes ❑ No El Unknown project (including all prior phases) in the pasty Comments 4b If the Corps made the jurisdictional determination, what type ® preliminary ❑ Final of determination was made? 4c If yes, who delineated the jurisdictional areas? Agency /Consultant Company Aston Soil Works Name (if known) Gene Aston Other 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation Field reviewed 3 -20 -2013 5 Project History 5a Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b If yes, explain in detail according to "help file" instructions Nationwide permit 14 issued June 13, 2013 (SAW- 2003 - 00902) DWQ Project # 09 -0684 v4 on June 3, 2013 for a driveway to access upland areas Page 3 of 11 PCN Form — Version 1 3 December 10, 2008 Version 6. Future Project Plans 6a Is this a phased project? ❑ Yes ® No 6b If yes, explain Page 4 of 11 PCN Form — Version 1 3 December 10, 2008 Version C Proposed Impacts Inventory 1 Impacts Summary 1a Which sections were completed below for your project (check all that apply) ® 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 2b 2c 2d 2e 2f Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary W1 ®P ❑ T fill Pine Hardwood ® Yes ❑ No ® Corps ❑ DWQ 08 W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 08 2h Comments 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 3b 3c 3d 3e 3f 3g Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT) other) (feet) feet) S1 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h Total stream and tributary impacts 31 Comments Page 5 of 11 PCN Form — Version 1 3 December 10, 2008 Version 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 type Area of impact (acres) Permanent (P) or Temporary 01 ❑ PEI T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f. Total open water impacts 4g Comments 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below 5a 5b 5c 5d 5e Pond ID Proposed use or purpose Wetland Impacts (acres) Stream Impacts (feet) Upland number of pond (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g Comments 5h Is a dam high hazard permit required ❑ Yes ❑ No If yes, permit ID no 51 Expected pond surface area (acres) 5j Size of pond watershed (acres) 5k Method of construction 6 Buffer Impacts (for DWQ) 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 ❑ Neuse ❑ Tar - Pamlico ❑ Other Project is in which protected basin? ❑ Catawba ❑ Randleman 6b 6c 6d 6e 6f 6g Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet ) (square feet) Temporary T impact re uired� B1 ❑P ❑T El Yes ❑ No B2 ❑P ❑T El Yes ❑ No B3 ❑P ❑T ❑Yes ❑ No 6h Total buffer impacts 61 Comments Page 6 of 11 PCN Form — Version 1 3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project The proposed residence is a two bedroom residence that minimizes budding footprint The size of the septic system area is based on bedrooms which further minimizes impacts compared to a residence with more bedrooms The septic system repair field utilizes a pretreatement technolgy which further minimizes area impacts A variance 1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques Area will be staked by land surveyor which clearly identifies project area Chainsaws will be used to fall trees Tree trunks will be ground to surface with no stump removal The construction will begin from the existing upland and progress southward All trucks and construction equipment will be maintained within the construction boundary Silt fencing and seed /straw will be utilized to prevent erosion 2. Compensatory 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 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 ❑ warm ❑ cool [--]cold 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 a description of the proposed mitigation plan Page 7 of 11 PCN Form — Version 1 3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 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 8 of 11 PCN Form — Version 1 3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? lb If yes, then is a diffuse flow plan included? If no, explain why ❑ Yes El No Comments 2. Stormwater Management Plan 2a What is the overall percent imperviousness of this project? 1 % 2b Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c If this project DOES NOT require a Stormwater Management Plan, explain why Low Density Project 2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan ❑ Certified Local Government 2e Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3 Certified Local Government Stormwater Review 3a In which local government's jurisdiction is this project? Pamlico ❑ Phase II 3b Which of the following locally - implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ® Coastal counties ❑ HQW 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 attached? ❑ Yes ® No 5. DWQ 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 9 of 11 PCN Form — Version 1 3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ® No use of public (federal /state) land? 1 b 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 (DWQ Requirement) 2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® 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 (DWQ Requirement) 3a Will this project (based on past and reasonably anticipated future impacts) result in ❑ 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. Sewage Disposal (DWQ 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 Domestic wastewater generated from residence will be plumbed to a subsurface septic system approved by Pamlico County Environmental Health Department Page 10 of 11 PCN Form — Version 1 3 December 10, 2008 Version 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? 515 Have you checked with the USFWS concerning Endangered Species Act impacts El Yes ®No 5c If yes, indicate the USFWS Field Office you have contacted ❑ Raleigh i ❑ Asheville 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat Natural Heritage Database 6 Essential Fish Habitat (Corps Requirement) 6a Will th,s project occur in or near an area designated as essential fish habitats ❑ Yes No 6b What oata sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA 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)'? iI 7b What data sources did you use to determine whether your site would impact historic or archeological resources? Natural Heritage Database 8 Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA- designated 100 -year floodplain') ❑x Yes E] No 8b If yes, explain how project meets FEMA requirements The proposed impacts increase an island of existing uplands 08 acres There would be no flooding impacts 8c What source(s) did you use to make the fioodplain determination? FEMA Flood Insurance Risk Map i ll +i 1- 6-2014 ApplicantlAgent's Printed Name AppllcantlAgent's Sign ure 1 Date (Agents signature is valid only if an authon ion letter from the applicant is provide Page 11 of 11 PCN Form — Version 1 3 December 10 2008 Version Gryb Project Nationwide 18 Map End X00 �e d , Wetland �Ir +/— 39.93 Acres �I/ S/ T r, VICIN /TY MaP (NO' R7 SCALE) /ICIDriveway under 30 I, Nationwide 14 permit III issued June 13, 2013 SAW- 2003 -00902 If 25 . 1.43 Acres O ` Upland �_` (n T` C) 15 10 Proposed Impact Area Area: .08 Acres NATIONWIDE PERMIT MAP (PERMIT #18) FOR 0 200' NOTES. Robert Gryb - BEING PAMLICO CCVNTY TAX PARCEL L02 -6 -5, AS RECORDED 1. MAP GENERATED USING SUB METER GPS N DEED BOOK 565, PAGE 339, PAMUCO COUNTY REWSTRY SCALE: 1 "= 200' LOWtAND TOWNSHIP, PAMLICO COUNTY, NORTH CAROLINA 2. BOUNDARY IS OVERLAY FROM PAMLICO COUNTY GLS Aston Soil Works 1.43 UPLAND AREA FIELD RE�JEWE0 BY USACOE ON 3- 20 -13. 2858 Madison Grove Road Greenville, N.C. 27858 (252) 341 -9707 SHEET NO. 1 OF 1