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HomeMy WebLinkAbout20221304 Ver 1_Riparian Buffer Authorization Request_20220921Buffer Authorization Application Form 15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2) Buffer Authorization Online Form - Update 10/23/2018 Water Reources ENVIRONMENTAL QUALITY Original Submittal 9/21/2022 A. Owner/Applicant Information General Information Primary Contact Email:* Who is submitting the application?* permits@odysseycontracting.com Please list the contact person's email for questions or payment on this project if needed. Owner Applicant other than Owner Agent Is there an agent working on this application but Yes not submitting it? • No 1. Property Owner Information: .................................................................................................................................... la. Name on Recorded Deed: * 1b. Responsible Party: lc. Mailing Address:* Id. Telephone:* Roberto Chia (for Corporations) Street Address 1810 Cole Mill Road Address Line 2 City Durham Postal / Zip Code 27712-3208 State / Province / Region NC Country US (845) 558-8028 le. Email Address:* rchiach@gmail.com 2. Applicant's Information (if different from owner): 2a. Name: John Boulware 2b. Company Affiliation: Odyssey Contracting 2c. Mailing Address: Street Address 214 Garner Business Ct Address Line 2 City State / Province / Region Garner North Carolina Postal / Zip Code Country 27529 United States 2d. Telephone: 9197302121 2e. Email Address: permits@odysseycontracting.com B. Project Information and Prior Project History 1. Project Information la. Name of Project: * 1810 Cole Mill Rd Screened Porch (Subdivision, facility, or establishment name) 1b. Is this a publicly -funded transportation project?* Yes • No Id. Subdivision Name: le. Nearest Municipality: Durham If. Property Size: 0.99 acres 1g. County (or Counties) where the project is located:* Durham 1h. Property ID# 0813-14-55-1075 Tax PIN or Parcel id 1 i. Deed Information Date of Purchase 11/19/2021 Type of Book Deed Map Book# Page# 1 j. Attach a copy of the recorded map that indicates when the lot was last platted. Click the upload button or drag and drop files here to attach document PDF only 1k. How would you like to provide the Latitude and Longitude information?* - Address Lookup Manually Address Lookup Street Address 1810 Cole Mill Road Address Line 2 City State / Province / Region Durham NC Postal / Zip Code Country 27712-3208 US Latitude* 36.042666 Longitude* -78.9611676 11. Is the project located in any of North Carolina's twenty coastal counties?* Yes • No 2. Surface Waters 2a. Name of the nearest body of water to proposed project: * eno 2b. Water Quality Classification of nearest receiving water: good 2c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 50 (linear feet only) 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: Single family house with attached deck 3b. Attach an 8'/z x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site. Click the upload button or drag and drop files here to attach document NC_Durham North_162428_1951_62500_geo.pdf 10.48MB PDF only 3c. Attach an 8'/2 x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the project site. Click the upload button or drag and drop files here to attach document NC_Durham North_162428_1951_62500_geo.pdf 10.48MB PDF only 4. Proposed Activity Provide a detailed description of the proposed activity including its purpose and include the type of equipment to be used: * Add screened porch on back of house adjacent to existing deck Attach a site plan as applicable to the project: Click the upload button or drag and drop files here to attach document 1810 Cole Mill Rd Plot Plan w Buffer103.pdf PDF only 5. Jurisdictional Determinations 242.61 KB 5a. Have jurisdictional wetlands or stream determinations by the Corps or State been requested or obtained for this property/project (including all prior phases) in the past?* Yes ® No 6. Project History 6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past?* Yes No 7. Future Project Plans 7a. Is this project a phased project?* C. Proposed Impacts Inventory Buffer Impacts Yes No Project is in which protected Basin?* • Neuse River Basin (15A NCAC 02B.0233) Catawba River Basin (15A NCAC 02B.0243) Randleman Lake Watershed (15A NCAC 02B.0250) Tar -Pamlico River Basin (15A NCAC 02B.0259) Jordan Lake Watershed (15A NCAC 02B.0267) Goose Creek Watershed (15A NCAC 02B.0606 & 15A NCAC 02B.0607) Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. Site# - Reason Stream Name Buffer Impact* Impact Type Zone 1 Zone 2 Map label (e.g. Road Crossing 1) Temporary (T) Perm or Temp Allowable 0.00 Square Feet 0.00 Square Feet Total Zone 1 Impacts: 0.00 Total Zone 2 Impacts: 0.00 Total Buffer Impacts: 0.00 Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project. No specific design actions taken lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. no specific construction techniques being employed. Buffer impact for porch less than 20 sf E. Diffuse Flow Plan la. What type of SCM are you providing?* Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) ✓ Proposed project will not create concentrated stormwater flow through the buffer Other SCM that removed minimum of 30% nitrogen lc. Diffuse Flow Documentation F. Supplementary Information Environmental Documentation Click the upload button or drag and drop files here to attach document Options for Meeting Diffuse Flow Provisions of the Storwmater and Riparian Buffer Protection 217.73KB Programs.pdf PDF only la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Violations 2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H .1300), DWR Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200)? Yes No 2b. Is this an after -the -fact buffer authorization application? Yes • No G. Additional Information Please upload any additional information you would like the Division to consider during application review. Additional Attachments: Additional Comments: H. Sign and Submit By digitally signing below, I certify that: Click the upload button or drag and drop files here to attach document PDF only o I have given true, accurate, and complete information on this form; o I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act") • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); o I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND o I intend to electronically sign and submit the application form." Print Name: * John Boulware Signature Submission Date: leva_kvAltx 09/21/2022 (Auto populated field) Initial Review Is this accepted into the review process?* • Yes No Yes • No ID#* 20221304 Version:* 1 Select Reviewer: * Colleen Cohn:eads\cmcohn Select Reviewing Office* Raleigh Regional Office - (919) 791-4200 Is this project a public transportation project?* Has payment been received?* • No Payment Needed Fee Received Need Fee - send electronic notification UNITED STATES DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY 79°00' 36°15' 0 0 0 5 m 10' 5' 820 000 FEET 36°00' 79°00' \‘•�� Mapped by Corps of Engineers, U. S. Army ‘Aso Edited and published by the Geological Survey Q `6 \Ap3 kU zU1000u reel Control by USCE, USGS, USC&GS, and USSCS Topography from aerial photographs by multiplex methods Aerial photographs taken 1943 Revised by the Geological Survey 1951 Polyconic projection. 1927 North American datum 10,000-foot grid based on North Carolina coordinate system Red tint indicates area in which only landmark buildings are shown ROXBORO II MI. TIMBERLAKE 2.3 MI.� 316° 00) z z 00 x mluromentm 55' J7 l ��I i�l, Lr J ^'}S%7!' a� 1ili.�illt r� . N G b " �1117u1 ' UNITED STATES DEPARTMENT OF THE ARMY CORPS OF ENGINEERS (ROXBORO) APPROXIMATE MEAN DECLINATION, 1951 bO 15r DURHAM (CITY HALL) 0.5 MI. 3000 0 3000 5 0 (UURHAM osuu I Ili 'WAKE FOREST 23 MI. SCALE 1:62500 6000 9000 2 12000 15000 2 3 3 18000 0$ 4. a FILE Ct.WY isplis OM Inn 50' I T MORIAH 0.6 MI DURHAM NORTH QUADRANGLE NORTH CAROLINA O� F off` 15 MINUTE SERIES (TOPOGRAPHIC) `pF 78°45' 36°15' 2 070 000 FEETI 5U' AKV`ci,..�ST Ir Historical Filo 4I MILES Topographic Division 21000 FEET 4 5 KILOMETERS CONTOUR INTERVAL20 FEET DATUM IS MEAN SEA LEVEL FOR SALE BY U.S. GEOLOGICAL SURVEY, WASHINGTON 25, D.C. A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILABLE ON REQUEST 114rici Npr 111' eimINL D M �i.��R•....-........,..6�•.Wnen��IOTON,�.G..MM. 36 00 900 000 FEET alaMi 10' 0 I a h U 0 0 z 0 W W ce U ri, 78°45' ROAD CLASSIFICATION Heavy-duty. 4�ANE'��LANE Light•duty Medium-duty ° LAND Unimproved dirt 0 U. S. Route O State Route QUADRANGLE LOCATIB' ,o y DURHAM NORTH, N. C. N 3600—W 7845 / 15. 1951 10,53 Npd UNITED STATES DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY 79°00' 36°15' 0 0 0 5 m 10' 5' 820 000 FEET 36°00' 79°00' \‘•�� Mapped by Corps of Engineers, U. S. Army ‘Aso Edited and published by the Geological Survey Q `6 \Ap3 kU zU1000u reel Control by USCE, USGS, USC&GS, and USSCS Topography from aerial photographs by multiplex methods Aerial photographs taken 1943 Revised by the Geological Survey 1951 Polyconic projection. 1927 North American datum 10,000-foot grid based on North Carolina coordinate system Red tint indicates area in which only landmark buildings are shown ROXBORO II MI. TIMBERLAKE 2.3 MI.� 316° 00) z z 00 x mluromentm 55' J7 l ��I i�l, Lr J ^'}S%7!' a� 1ili.�illt r� . N G b " �1117u1 ' UNITED STATES DEPARTMENT OF THE ARMY CORPS OF ENGINEERS (ROXBORO) APPROXIMATE MEAN DECLINATION, 1951 bO 15r DURHAM (CITY HALL) 0.5 MI. 3000 0 3000 5 0 (UURHAM osuu I Ili 'WAKE FOREST 23 MI. SCALE 1:62500 6000 9000 2 12000 15000 2 3 3 18000 0$ 4. a FILE Ct.WY isplis OM Inn 50' I T MORIAH 0.6 MI DURHAM NORTH QUADRANGLE NORTH CAROLINA O� F off` 15 MINUTE SERIES (TOPOGRAPHIC) `pF 78°45' 36°15' 2 070 000 FEETI 5U' AKV`ci,..�ST Ir Historical Filo 4I MILES Topographic Division 21000 FEET 4 5 KILOMETERS CONTOUR INTERVAL20 FEET DATUM IS MEAN SEA LEVEL FOR SALE BY U.S. GEOLOGICAL SURVEY, WASHINGTON 25, D.C. A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILABLE ON REQUEST 114rici Npr 111' eimINL D M �i.��R•....-........,..6�•.Wnen��IOTON,�.G..MM. 36 00 900 000 FEET alaMi 10' 0 I a h U 0 0 z 0 W W ce U ri, 78°45' ROAD CLASSIFICATION Heavy-duty. 4�ANE'��LANE Light•duty Medium-duty ° LAND Unimproved dirt 0 U. S. Route O State Route QUADRANGLE LOCATIB' ,o y DURHAM NORTH, N. C. N 3600—W 7845 / 15. 1951 10,53 Npd LA OP 1'OT EI� TT• 0 FENCE ENCROACHES ONTO LOT 2 BY 1.1' AT ITS FURTHEST POINT TOP F CREEK BANK 0.988 AC. razo GRAVEL DRIVE ENCROACHES ONTO LOT 3 BY 0.7' AT ITS FURTHEST POINT PART OF O3 MYRNA D. KINSLEY PIN 0813--03-14-5367 DB 1261-741 PB 139-31 GRAPHIC SCALE 30 0 60 Options for Meeting Diffuse Flow Provisions of the Stormwater and Riparian Buffer Protection Programs March 7, 2014 Approvals: Bradley Bennett, DEMLR Stormwater Program Supervisor Toby Vinson, DEMLR Acting Land Quality Section Chief Matt Matthews, DWR Water Quality Permitting Section Chief Initials Date 4 3/7//V .37»1 3/ 7/:_Q/ Effective immediately, the Division of Energy, Mineral and Land Resources and the Division of Water Resources will consider Options 1-4 as meeting the diffuse flow provisions of the BOTH the stormwater rules AND the various riparian buffer rules. Option 5 will be allowed for meeting the diffuse flow provisions of the stormwater rules but is not currently allowed for meeting the diffuse flow provisions of the buffer rules The water quality design storm intensity for diffuse flow is the one inch/hour storm for stormwater conveyed directly from the drainage area. If a diffuse flow device receives flow from an upslope BMP, then it should be designed based on the peak discharge from the BMP during the water quality design storm depth. Flows in excess of the discharge rate from either the drainage area or the BMP should not be directed to the diffuse flow device. Instead, excess flows should be discharged through the buffer provided that the flows are non -erosive for the 10-year storm. Please note that any new stormwater bypasses from a level spreader through a protected riparian buffer require a buffer authorization from the Division of Water Resources or the local buffer protection authority. Please see the options listed in the table below. Any questions regarding the use of these diffuse flow options can be directed to Annette Lucas at (919) 807-6381. March 7, 2014 Page 2 of 3 Options for Meeting Diffuse Flow Provisions of the Stormwater and Riparian Buffer Protection Programs Option Explanation 1 Design a Level Spreader -Vegetated Filter Strip (LS-VFS) in accordance with Chapter 8 of the BMP Manual. Per the BMP Manual, the LS-VFS may be designed to handle the one inch/hour storm intensity and larger storms may be discharged non-erosively. Also per the BMP Manual, alternate designs that create uniform shallow flow across a vegetated filter strip in an equivalent or better manner will be approved. _ Provide a BMP that removes a minimum of 30% of TN removal outside of the vegetated or riparian buffer to treat the design storm before it is discharged through the buffer. (For lower SHWT and soils with good infiltration rates) Design the vegetated conveyance to infiltrate the design storm. +4 (For high SHWT and/or soils with poor infiltration rates) Design the vegetated conveyance as a wetland swale with an appropriately designed outlet system. 5 Swales that discharge less than 0.5 cfs during the design storm shall be allowed to discharge through a stormwater buffer outside of SA waters without any further requirements. This option is NOT currently allowed if the buffer is protected by a state riparian buffer rule (Neuse, Tar -Pamlico, Jordan, Randleman, Catawba, and Goose Creek). Explanation Diffuse flow is not defined in the 2H .1000 rules; however, the following explanation of diffuse flow is provided in each of the Riparian Buffer Protection rules found in 15A NCAC 2B .0233 (Neuse River Basin), .0259 (Tar -Pamlico River Basin), .0243 (Catawba Mainstem), .0250 (Randleman Lake), .0605 (Goose Creek), .0267 (Jordan Lake). (5) DIFFUSE FLOW REQUIREMENT. Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow and reestablishing vegetation. (a) Concentrated runoff from new ditches or manmade conveyances shall be converted to diffuse flow before the runoff enters the Zone 2 of the riparian buffer. (b) Periodic corrective action to restore diffuse flow shall be taken if necessary to impede the formation of erosion gullies. (6) TABLE OF USES. The following chart sets out the uses and their designation under this Rule as exempt, allowable, allowable with mitigation, or prohibited. The requirements for each category are given in Item (7) of this Rule. March 7, 2014 Page 3 of 3 Options for Meeting Diffuse Flow Provisions of the Stormwater and Riparian Buffer Protection Programs Exempt i Allowable Allowable with Mitigation [ProhIbi1ted Drainage ditches, roadside ditches and stormwater outfalls through riparian buffers: • Existing drainage ditches, roadside ditches, and stormwater outfalls provided that they are managed to minimize the sediment, nutrients and other pollution that convey to waterbodies ■ New drainage ditches, roadside ditches and stormwater outfalls provided that a stormwater management facility is installed to control nitrogen and attenuate flow before the conveyance discharges through the riparian buffer New drainage ditches, roadside ditches and stormwater outfalls that do not provide control for nitrogen before discharging through the riparian buffer ■ Excavation of the streambed in order to bring it to the same elevation as the invert of a ditch X X In the past, the state has interpreted the diffuse flow language in the buffer rules to mean that designers have two primary options to provide diffuse flow: ▪ Provide a Level Spreader -Vegetated Filter Strip (LS-VFS) in accordance with Chapter 8 of the BMP Manual. Per the BMP Manual, the LS-VFS may be designed to handle the one inch/hour storm and larger storms may be discharged non-erosively. (Option 1 above) • Provide a BMP that removes a minimum of 30% of TN removal outside of the vegetated or riparian buffer to treat the design storm before it is discharged through the buffer. (Option 2 above) The above table provides three additional options. Options 3 and 4 are intended to provide relatively low-cost approaches to providing treatment in the swale prior to discharge through a buffer. Option 5 provides an exemption to the diffuse flow provision in the stormwater rules for very low flows. As stated previously, the current wording in the riparian buffer rules does not allow the Division of Water Resources to provide an exemption to the diffuse flow requirements, even for low flows.