HomeMy WebLinkAbout20071402 Ver 1_Application_20070815ralughlln ~ Mei>fon
Engineering-Architecture-Surveying
1318-F Patton Avenu~-
Asheville, North Carolina 28806
Phone: (828) 253-2796 Fax: (828) 253-4864
E-Mail: asheville(a~.vaughnmelton.com
LETTER OF TRANSMITTAL
Web Site: http://www.vaughnmelton.com
T0: DATE: 14 Aug 2007 JOB N0: 30620.23
Division of Water Quality
401 Oversight/Express Review Permitting Unit
ATT: MS. Cyndi Karoly
1650 Mail Service Center, Raleigh, NC 27699-1650 RE: Tryon Vineyard, Polk County
2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604
~ 7 -
WE ARE SENDING YOU X ATTACHED UNDER SEPARATE COVER VIA THE FOLLOWING ITEMS:
SHOP DRAWINGS PRINTS PLANS SAMPLES SPECIFICATIONS
COPY OF LETTER CHARGE ORDER
COPIES DATE N0. DESCRIPTION
5 Plans and supporting documentation for DWQ review
1 Revised Permit application with requested information
1 6218 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 _ PRINTS RETURNED AFTER LOAN TO US
REMARKS:
COPY T0: File SIGNED: Steven M. Horvath, E.I., Asst. Project Manager
re not as noted, kindly notify us at once.
AJf; ~ ~ X00%
1NETl1WD A,yO 3TdR~M~lATEk BRANCH
Y EA RSI
raughn~Melfon
Consulting Engineers
1318-F Patton Avenue
Asheville, North Carolina 28806
828-253-2796 828-253-4864 Fax
Email: asheville@vaughnmelton.com
www.vaughnmelton.com
14 Aug 2007
Ms. Cyndi Karoly, Supervisor
Division of Water Quality
401 C-versight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, NC 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, NC 27604
.RE.• TxE' VINEYARD -PoLa Coin
Dear Ms. Kaxoly:
`-~-~ ~ I
0 7- 4 0 2
This is in response to the received Letter of Comments dated 02 August 2007. Vaughn &
Melton is pleased to enclose the requested items.
Please find five (5) set of revised plans and documents for a compliance check.
In response to the Comments I have for your convenience provided pour comments and
after each of your comments, I have provided in bold type font, to reflect this office action
and response taken to each comment.
Additional Information Requested:
A. Water Quality Certification, See I, Processing, Item 2. Please state which Permit
(Nationwide, Regional or General) number you intended 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. After consultation with Mr. David Baker,
US Army Corps of Engineers, page 5 of 12 reflects his direction.
B. DWQ requires the name of an individual shown as "C-wner/Applicant" to set up
the project. Please note in section II, 1. "Owner/Applicant Information",
Mr. Gaston Campano had been added to this information.
C. Lack of Permitting Fee. Please note that beginning January 1, 1999, the NC
General Assembly passed legislation requiring payment of a fee for all 401
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.
Per the site and application criteria, check number 6218 for the amount of
$200 is enclosed with this package.
Asheville, NC • Charlotte, NC • Greeneville, TN • Knoxville, TN • London, KY • Middlesboro, KY • Spartanburg, SC
Ms. Cyndi Karoly, Supervisor
Division of Water Quality
August 14, 2007
Page 2 of 2
D. DWQ requires five (5) complete application sets and appropriate fee to begin the
review and approval process. Five (5) complete full size (24"x36") plans are
enclosed in this submittal package.
Upon review of this resubmitted package, I believe this office satisfactorily addressed each
of your questions and concerns.
Please don't hesitate to call this office at (828) 253-2796.
Sincerely,
VAUGI-iN & MELTON CONSULTING ENGINEERS
Steven M. Horvath, EI
smhor~-adl~c~~-aughr~melton.co~n
Assistant Project Manager
SMH
Cc: Office File
Glade Holdings-Mr. Gaston Campano
Project Number 30620-23 Tryon Vineyard 2 of 2
__ __
Office Use Only' Form Version March OS
0 7- 1 4 0 2
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not .~ppticabie" or "Niti' .~
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
29
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
2
1. Owner/Applicant Information
Name: CHESTNUT LAND FUND LLC (GASTON CAMPANO)
Mailing Address: 475 SOUTH CHURCH STREET
HENDERSONVILLE, NC 28792
Telephone Number: 828-698-3925 Fax Number:
E-mail Address: GCAMPANO(c~GLADEHOLDINGS.COM
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:
Comp
Mailin
7
Telephone Number: Fax Number: „~..,y,w~awwt~~g~~'
E-mail Address:
Page 5 of 12
1
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: THE VINEYARD
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): P-36 LOT 68. DB 205 PG. 117
4. Location
County: POLK Nearest Town: TRYON
Subdivision name (include phase/lot number): THE VINEYARD
Directions to site (include road numbers/names, landmarks, etc.): WEST OF HWY 176,
ONTO WILCOX ROAD. PROJECT BORDERS SOUTH OF WILCOX ROAD AND
NORTH OF NORFOLK SOUTHERN RAILWAY.
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): 35.21500 °N 82.24889 °W
6. Property size (acres): 13.56 AC.
7. Name of nearest receiving body of water: LITTLE CREEK
8. River Basin: BROAD
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at ht~://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: ROLLING PASTURE WITH SOME WOODED AREAS.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
RESIDENTIAL DEVELOPMENT. TRACKHOE, TANDEM TRUCKS AND DOZERS
EXPECTED TO BE USED ON THIS PROJECT.
11. Explain the purpose of the proposed work: RESIDENTIAL DEVELOPMENT.
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.
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.
NO FUTURE PHASES AT THIS TIME.
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 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: STREAM CROSSING AND
IN-LIN STREAM PIPE IN TRIBUTARY OF LITTLE CREEK.
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,
ePnaratPly lief imnantc dne to tenth structure and fleedin~_
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)
N/A
Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: N/.
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 he included. T~ calculate acreage. multiply length X width. then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Irn act Impact
Length
(linear feet) Area of
Impact
(acres)
9-50-29-4 LITTLE CREEK STORM PIPE INTERMIT 1 FT 50 0.5
Total Stream Impact (by length and acreage) 50 0.5
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. floodin~_ drainage. 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)
Page8of12
6. List t
he cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres):
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet): 50
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 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 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 minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
EROSION CONTROL MEASURES & BY-PASS IMPLEMENTED TO AVOID IMPACT
TO LIFE 1N STREAM AND WATER QUALITY TO BE PROTECTED.
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.
Page 9 of 12
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.ht~°nl.
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.
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): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount ofNon-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
Page 10 of 12
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 N/A )?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. N/A
Zone* Impact
(s uare feet) Multiplier Required
Miti ation
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
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
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.
LESS THAN 20%
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.
RESIDENTIAL SEWER TO DISCHARGE INTO ONSITE S.S. AND ONSITE INTO TOWN
OF TRYON S.S. SYSTEM
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 anafter-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:
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).
.~ ~ ~
signat}~e is valid only if an
is
Page 12 of 12
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Narne: LANDRUM Location: 035° 12' 54.0" N 082° 14' 56.0" W
Date: 5115/2007 Caption: Tryon The Vineyard
Project
Scale: 1 'snch equals 2000 feet