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HomeMy WebLinkAbout20061018 Ver 1_401 Application_20060606COnTRACTORS AnD EnGI~IEERS SERVICES, InC. 1304 NORTH WILLIAM STREET P. O. BOX 762 GOLDSBORO, NORTH CAROLINA 27533-0762 TELEPHONE: (919) 735-7355 (919) 735-7362 19 June 2006 NCDENR Division of Water Quality 401 /Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Re: Duplin Minerals Duplin County, NC Cape Fear River Basin Dear Sir or Madam: 2oos~o18 Please find enclosed aPre-Construction Notification (PCN) Application Form for your review and approval. If you have any questions, please contact me at your convenience. Very truly yours, CONTRACTORS & ENGINEERS SERVICES, INC. Ro A. Jon s, .E.S.C., B.S.C.E. RAJ:rhm (duplinminerals) cc Mike Robinson D€ Enclosures ~~ t ~~i ~~~~ ~~,'¢ gg`~ 1~ .~t_~~~~ ~' ~9 7~ nC ~~ L,~711U 0 COtyTRACTORS AtyD EI~GII~EERS SERVICES, ItyC. PRE-CONSTRUCTION NOTIFICATION (PCN) DATE OF APPLICATION 20 JUNE 2006 APPLICANT MICHAEL DEAN ROBINSON P. O. BOX 6188 KINSTON, NORTH CAROLINA 28501 (800) 939-3715 PROJECT NAME DUPLIN MINERALS PROJECT LOCATION SR 1004 DUPLIN COUNTY, NORTH CAROLINA N 35.0260 W 77.9439 CONSULTANT ' CONTRACTORS & ENGINEERS SERVICES, INC. ROBERT A. JONES, C.P.E.S.C., B.S.C.E. 1304 NORTH WILLIAM STREET ' GOLDSBORO, NORTH CAROLINA 27530 (919)735-7355 1 ' ' CONSULTING ENGINEERS, LABORATORY TESTING, QUALITY CONTROL AND LAND SURVEYING 1304 NORTH WILLIAM STREET • P.O. BOX 782 • GOLDSBORO, NORTH CAROLINA 27530 • 919/735-7355 OR 919/735-7362 ENCLOSURES Enclosure 1. PCN Application. Enclosure 2. Location Map. Enclosure 3. Property, Proposed Mine Location and Driveway Entrance Map. Enclosure 4. Soil Delineation Map. Enclosure 5. Map Showing Location From Which Photographs were taken. Enclosure 6. Photographs of Project Area. Enclosure 7. Drawing's Showing Proposed Activities and Wetland Boundaries. OfflCe USe Only: Form Version March OS USACE Action ID No. DWQ No. 2 ~ ~' ~ 1 0 1 8 (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 t 2. Nationwide, Regional or General Permit Number(s) Requested: General 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: ^ ' S. 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: ^ ~.. ~ ®~~ ~~~~~~ ~~~ ~l ~ II. Applicant Information ~~ 1. Owner/Applicant Information Name: Michael Dean Robinson ,~irea~ v~iA{`.~;~~sa„~~, Mailing Address: P . o _ Box 6188 wet iA.~v~s k"~ s~r~~~t;~~"',r~Ft ss~,t~~h ' Kinston, NC 28501 _ '' Telephone Number: 800-939-3715 Fax Number: 252-939-1885 E-mail Address: mdr@coastalnet.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: Robert A. Jones ' Company Affiliation: Contractors & Engineers Services, Inc. Mailing Address: P. O. Box 762 Goldsboro, NC 27533-0762 Telephone Number: 919-735-735___ Fax Number:___919-736-1535 ' E-mail Address:_ rjones186@nc.rr.com U~xlatcd ~ ~~~1?OUS Page 5 uf~ 12 ' 1RE 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: Duplin Minerals ' 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 13-3416-00-55-6923 4. Location County: Duplin Nearest Town: Kenansville ' Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From Kenansville NC take Hwy. 11 North 2.7 miles to Summerlins Crossroads. Turn e t on ' SR_ 1004 and coo 2.6 miles_ Site is on 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): 35.0260 oN 77.9439 oW ' 6. Property size (acres): 64.41 7. Name of nearest receiving body of water: Maple Branch ' 8. River Basin: Cape Fear (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.ci~r.statc.nc.usiaclminiil~_ ~~~si.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project ' at the time of this application: The site currently exist as agricultural land with a wheat crop. The general land use in the vicinity is agricultural. i ~~xi,~~~•~i i ~; i ~zuus Pagc 6 of 12 L 7 J '1 ~ ,~. L 10. Describe the overall project in detail, including the type of equipment to be used: The site will be used to mine soil in accordance with the Mining Act of 1971.., 11. Explain the purpose of the proposed work: The purpose of the vaork is to provide soil for construction sites, subdivisions, etc. 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. N/A ' 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. A driveway permit is to be applied for through the NCDOT. The drive G o .ro G n ' n rm; _n ream emn~yinc~ int~~ple Branch. ' 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: A E-IDPE culvert is to be ' installed as part of a driveway entrance to the property. The culvert will be placed within an intermittent stream is emp ies into Maple Branch. Updated 11/1/2005 ' Page 7 of 12 ~l 1 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. N/A 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 es/no Distance to Nearest Stream linear feet Area of Impact (acres) Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: ' 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 t walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint far both the original and relocated streams must be included. To calculate acrea e, multi 1 len X width, then divide b 43,560. 0 Stream Impact Number indicate on ma Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Length linear feet Area of Impact acres 1 Maple Branch Culvert/Fill Irrternd 80' 80' 0.15 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, dyed in , floodin , drama e, bulkheads, etc. N/A 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 Total Open Water Impact (acres) vpaa~a i vv2oos 1 Page 8 of 12 6. List the cumulative im act to all Waters of the U.S. resultin from the ro'ect: Stream Im act acres : 0.15 Wetland Im act acres : 0 en Water Im act acres : 0 Total Im act to Waters of the U.S. acres 0 Total Stream Im act linear feet : 80 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. 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 im acts. 'The only access to the site is off SR 1004 and across the intermittent s eam ing Map e ' Branch. Erosion and Sedimentation control measures will be installed prior to the culvert installation and in accordance with the approved mining permit. ' VIII. Mitigation N/A 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. Updated I 1 /1 /2005 Page 9 of 12 7 J 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 far 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. 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.uslwrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Updated 11/1/2005 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): Page 10 of 12 ii ' 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^ ' 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 ^ ~ .. 1 n 0 n n i~ 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 OZB .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No ^X 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. * Impact Required Zone ,~~____~ r ~~~ Multiplier ,,,,;~;~~~~_ 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 I . 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. upaatEa l lniaoos 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. There is no existing or proposed ' impervious acreage. ' 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. No wastewater will be generated. ' XIII. Violations re uired by DWQ) ( q ' 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 Q XIV. Cumulative Impacts (required by DWQ) ~~ 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 The site can. only be accessed by crossing the tributory to Maple ranch. ~ ,~ Updated i 1/1/2005 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 mined area will be vegetated and stabilized. No additional development will take place See enclosed vegetation plan. XV. Other Circumstances (Optional): Page 12 of 12 (Agent's signature is valid only if an authorization letter from the applicant is provided.) ~~ ~~ ~- W .,~ .,4. t 1 1 k ' ' 1 `,\ .. +r~ ~i / . ' ` `` 24 3-D TopoQuads Copyright ©1999 ~~ ,/ f ft Scale: 1: 37,500 Detail: 12-4 Datum: WGSSQ ~,:.~ ~,~ / __ ~ ~- _ -~~ ~ ~- ~,,. _~__ ~. ~. _~ ~ _ s~ .~..-~.y-.. ~. _ ~ ~ L .,~ -.~. :.~ .Jz sL. - :. -~L. -- ~° PROJECT LOCATION ~_ -,~ ~,. , _.~.-. ~.- ~. ~z ~:. - ~. ~:.- -~- _~,. . F I' ~_ , .~ .! _ - _ ~" ~ ~ _ ~ Rid: ~ ~ ~ - ~a ~' _ , r±±-.... ~ ~ may' ,~3c _ I~ L- ! 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' II~06[JRE 6 ' STATION #1 LOOKING NORTH __ ~ _ ~, , l` ~ k ~ ~ ~' "'q YF' ~' 'Y" ~ •,~ ~ S~~ *a~S ,Mir- ~ ~~:~ e8~ ~~~ t, ~~ ~~~~4~ - `° # `~t'~ s~~'.,£`~ ~~. afro t s~U~P ~"•..~W,`~ j ~ a,~~ ..._ .« c~ g :_.r .4 STATION #1 LOOKING NORTH~I~EST I~ '~ ~~ I~ 7 ~ STATION #1 LOOKING i~EST C 1 STATION # 2 SHOWING STREAM CHANNEL AT PROPOSED CROSSING