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HomeMy WebLinkAbout20070123 Ver 2_Application_20070823.R ~ _ ~ „ ~ I ~~~ 1. .~ , .- ~ . ecosystem PROGRAM t?ENk • WATER QUALICY WETLANDS AIJD STDRrdWATER BRANCH August 22, 2007 Andy Debnam 1009 Deboy Street Raleigh, NC 27b06 Project: Debnam Residence ~~ - 0«3 v~ ,~ wr County: Wake The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permid401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. Neuse Stream (feet) Wetlands (acres) Buffer I (Sq. Ft.) Buffer II (Sq. Ft.) Cold Cool Warm Ri arian Non-Ri arian Coastal Marsh Impacts 0 0 0 0 0 0 10 558 Credits 0 0 0 0 0 0 30 837 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Kelly Williams at (919) 716-1921. Sincerely, . ~: r Tam D. ilmore, PE Director cc: Cyndi Karoly, NCDWQ Wetlandsl401 Unit Amy Chapman, NCDWQ- Wetlands/401 Unit Steve Mitchell, agent File 1~,s~to~~... ~ ... prot~ct~ 4~t,Y Stag ~'~~ t~CDETIR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 ! 919-715-0476 / www.nceep.net ~~-Ofa3 U~- Office Use Only: Form Version March 45 DENR -WATER QUALITY USACE Action ID No. WETLANDS AND STURMWATER BRAt~Fj"~ Iyo. (If any particular item is not applicable to this project, please enter "Not Applicable" or "NIA".) I. Processing ~~~!~~ ~0 PY 1. Check all of the approval(s) requested for this project: ^ Section 404 Permit X 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: X 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 tap of page 2 for further details), check here: ^ II. Applicant Information 1. Owner/Applicant Information Name: Andy Debnam Mailing Address: 1009 Deboy Street Raleigh, North Carolina 27606 Telephone Number: 524-4835 Fax number: E-mail Address: 2. AgentlConsultant 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: Steve Mitchell Company Affiliation: Consultant Mailing Address: 1813 Lancaster Drive Garner, North Carolina 27529 Telephone Number: 971-6598 Fax Number; ~°z tic ~. 4+1~ g.}, z CJ'.'~.'4;.~JCfi.?.i; d~tiai E-mail Address: `~ `- Page 1 of 8 III. Project Information 5. 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 MRCS 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 informarion to be submitted on sheets no larger than i 1 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: Debi Residence 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3, Property Identification Number (Tax PIN): 0784.19 70 1157 4. Location County: Wake Nearest Town: Raleigh Subdivision name (include phase/iot number}: Directions to site (include road numbers/names, landmarks, etc.}:Western Blvd west past Hwy 1 & 64. Left on Deboy Street to 1009 and culvert. Site coordinates (For linear projects, such as a road or utility line, separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): °N 6. Property size (acres): Less than one acre 7. Name of nearest receiving body of water: UT Walnut Creek 8. River Basin: NEU (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at n~~t_ ~~~~,.~~~gLLEt~E~; +Ir..~;; ~~~~r~#~~_~~~_~~~.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Housing subdivision. Combination of properties resulted in the construction of a driveway that has impacted the Neuse Riparian Buffer attach a sheet that °W Page 2 of $ 10. Describe the overall project in detail, including the type of equipment to be used: Construction of driveway completed. 11. Explain the purpose of the proposed work: Work completed post impact permit application- IV. Prior Project History If jurisdictional determinations and/or permits have been requested andlor 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. No previous determinations, impacts, or permits. 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 anticipated. 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). Be6 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. Provide a written description of the proposed impacts: Driveway constructed resulting in impact to 567 square feet of buffer 9 in Zone 1 558 square feet in Zone 2. Page 3 of 8 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 Type of Wetland Located ~~ IOfl-year Distance to Nearest Area of Impact Site Number Type of Impact (e.g., forested, marsh, Floodplain Stream (acres} {indicate on map) herbaceous, bog, etc.} { es/no} {linear feet) Total Wetland Impact {acres} 3. List the total acreage (estimated) of all existing wetlands on the property: NA 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. Ta calculate acreage, multiply length X width, then divide by 43,564, Stream Impact Number (indicate on Stream Name Type of Impact Perennial or ~ Intermittent. Average Stream Width. Before act Impact Length {Iinear feet Area of Impact (acres) 1 UT Walnut Ck Fill P NA NA 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, dredging, flaading, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on Name of Waterbody (~ applicable} Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. Area of Impact (acres 1 UT Walnut Creek driveway Total. Open Water Impact (acres} 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Im act (acres): Wetland Impact (acres): Open Water Impact (acres): Total Im act to Waters of the U.S. acres Total Stream Impact (linear feet): 0 7. Isolated Waters Page 4 of 8 Do any isolated waters exist on the property? ^ Yes X 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 USAGE. 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 fmaneial 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. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of RTater Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to i 50 linear feet of total impacts to perennial streams. USAGE - 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. Page 5 of 8 If mitigation is required for this project, acopy of the mitigation plan must be attached in order for USACE or I?WQ 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 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 Gravel in Zone 2 will be removed. The entire buffer will be grassed and several native trees in combination with shrubbery, will be planted in Zone 1 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 ~~g~,j;~'cf~ ~ fi~~~i~ rs~~• ~ _y~_ ~r,~~_ j~a~_ 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}: 864 sq ft 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 (federaUstate/local} funds or the use of public (federaUstate) land? Yes ^ No X Z. 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 far environmental documentation. Yes ^ No ^ Page 6 of 8 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 aad 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 Qffice may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 1SA NCAC 2B .0233 (Meuse), 1 SA NCAC 2B .0259 (Tar-Pamlico), 1 SA NCAC 02B .0243 (Catawba} 1 SA NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify NEU )? Yes X 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 care feet) Multiplier Required Miti ation i 9 3 (2 for Catawba) 27 2 558 1.5 837 Total 864 * 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 t . 3. If buffer mitigation is required, please discuss what. type of xitigation 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 i SA NCAC 2B .0242 or .0244, or .0260. Payment to EEP for riparian buffer restoration of $829.44. ~~:; 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. 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. XIII. Violations (required by DWQ) ---,., s this 'te in violation of DWQ Wetland Rules (15A NCAC 2H .0500} or any Buffer Rules? es~ 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 pasted on our website at http://h2o.enrstate.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). Page 12 of 12 (Agent's signature is valid only if an authorization letter from the applicant is provided.) IINF nATA NUMBER BEARING DIST. L-1 S 65'57'31" E 1.58' LEGEND 9 IPS-iron Pin Set H. M. WYBLE EIP-Existing iron Pin DB 3445, PG. 969 PKS-Parker-Kahn Nail Set EPK-Existing Parker-KOlon Nail PP-Power Pole OHP-Over Hood Power ~-Center Line R/W-Right of Way I ~ pIC~oU1~EDD` ~ D LIMITS ~ ~1yce ` ,OO ~ Cp coNC.~~ DRIVE ~ N ~~ ~ iti i Q CONCRETE ~O OVER LINE R Property Line - Lines Not Surveyed ECM-Existing Concrete Monument ` ~ ~ ~ ~~~~ \~~ ~/ / Q ~ EIP ~ ~~ ~r~C~ ~ ~ ~ 5~ ~~/ ~<v`~ SSt Ty ~ ~ ~~~ ~ £~F'~~r~~ ~ % ~ ~ ~ ~~ f -- r ~R~=~ 2 ~ '~ eG'N X96 /'//6 ~ `~ `~ \ `' ~SF~Enr~~4 `Y4'' ti, a~ 10 ti 0' 15' 1" = ~0' 'C~~~ESSIp, iun;.• O ....•SG L. ..~,~ Z O :a ~Fi« e ~ ~ W J D W o~ DENR -WATER DUALITY ~ ~~ WETIANOS AND STDRMWATER BRANCH / AREA IN ZONE 1 aSTURSED c~OIRrD 363 S.E. CONG 9DRI~~{YMAU- AREA MZONE 2 DISTURBED GROUND 383 S.F. CONC. DR1VE/WALL 558 S.F. PIN#: 0784.19 70 1157 TOWNSHIP: RALEIGH ZONE: R-4 LOT 10, DRfFTWOOD ESTATES, SECT. 1 AS RECORDED IN BOM 196?, PAGE 364 W.C.R. I, Sorry L. Scott. certify that this plot wos drown under my supervision from (an actual survey made unde~r~ mrrom~, supernsion) (deed dtscriptipn recorded m Soolc_ 10§70 . pope 81 etc.) (other). thot the ratio of precision os calculated by IotRude and deportures is 1/10.000, that the boundo es not surveyed are shown as broken Ines potted from information found in (SEE REFERENCE). Witness my original sgnoture. rsg~s~~anon number and seol the 13th day of Auaust A,D. 2007 EXHIBIT PROPERTY OF WINNIE R. A. DEBNAM DEBBIE EDWARDS 1009 DEBOY ST. WAKE COUNTY RALEIGH. N.C. SCALE 1" = 30' ~ L ~y,y.y7.r ~i DATE: 8-13--073-07 X73 Ivy ~ R a ~o. ao - wcw, .rw us.. >aw ~ a~sors wa ~wA~vn BOOK: M37S/10 VICININ MAP N.T.S a~ ~ ~~~~/ Topo~one - ~e~t ~a~de~. (s~bdiVisin), ~SCa~ Raleigh Test C) sta~e~iazne Toro Page 1 of 1 1 h*~~ss.//Y,~~r~.~~~o~c~r~e,cc~m/pri~at.asp?ia~35. `131.?~:lc~=-78.'7t3~99~s=~~~size=l~s~~rnsh... 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OFtIVE,l~AlAil 55$ S.f. ~° ~, ~sL-3'#5~i tea; ~gh'"~`M~R`~:C,p.~~`` PlN~: 0784.19 ?0 #~57 TCWNSHiP: RALE~GN Z©l~E: R-~ ~~°'`~ri~~'s~~~'~'~ LOT 1Q, DRlE~W40D ESTATES, SECT. ~ AS RECORI3ED IW BOM '967, PAGE 354 W.C.R. d _- EXNt$11' PROPERTY 4F 1. f3orry_L. scot, r that t~is >~ wos drawn. WINNtE R. A.. bEBNAM o~ ~.~~~/