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HomeMy WebLinkAbout20071589 Ver 1_401 Application_20070907Kerr Environmental Services Corp. ? u? 0'1- 15 8 9 Sustainable Ecological Restoration and Environmental Consulting September 20, 2007 Ms. Lia Myott Division of Water Quality 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Sent via FedEx Re: Submittal Package for 401 Certification Express Review Road Crossing for Access to Williams Property Littleton, Warren County, North Carolina Dear Ms. Myott: We have received your letter, indicating that this project has been accepted into the Express Review Program. Per your request, we are submitting the following items: 1) The application fee of $1,000. 2) Five (5) completed and collated copies of the PCN Application; 3) One (1) completed copy of the Addendum to the PCN Application; 4) Five (5) copies of all site plan information pertaining to the project. We have also provided one full scale set of construction diagrams electronically and one paper copy for your review. We thank you for your attention to this matter and request that you call me at (757) 963-2008 or e-mail me at kshacochis@kerrenv.com if you have any questions. Sincerely, Kerr Environmental Services Corp. Kristen Shacochis-Brown, P.W.S. Senior Environmental Scientist Enclosure: Prior-Construction Notification Application Permit fee Addendum Site plans cc: Eric Alsmeyer, U.S. Army Corps of Engineers David Williams, HQ Development f ??_F 2001 ?? VVNTER QU,111ITY 1008 Old Virginia Beach Road, Suite 200 • Virginia Beach, Virginia 23451 Phone: 757 963 2008 • Fax: 757 963 8322 F, XP on - 15 8 9 Addendum to the PreConstruction Notification and "Buffer Rules" Application Required for Projects Submitted Under the "Express Review Program" North Carolina Division of Water Quality Version 5.0 October 1, 2006 Email Address: 401express@ncmail.net Fees: 401 Water Quality Certifications: Major (>/= 150' stream or >/= I acre wetlands) $2,000.00 Minor (< 150' stream or < I acre wetlands) $1,000.00 Riparian Buffer Authorization: (exclusively or "in addition" to) $2,000.00 Riparian Buffer Minor Variance: $1,000.00 Coastal General "Major Variance": $1,500.00 Isolated Wetland Permit: General $1,000.00 Please read the entire document before attempting to determine the proper fee. Fees are additive for particular projects. Things to keep in mind when filling out the application: A specific answer must be provided for each question. For instance, if a numerical answer is requested then a numerical answer must be provided along with the supporting information necessary for DWQ staff to verify that the number is accurate. Likewise, if explanations are presented to justify certain responses, the explanations must be completely supported by documentation. DWQ staff cannot assume that unsupported or undocumented information is accurate. "N/A" is not an acceptable answer for any question since the DWQ Staff reviewing the application must have an opportunity to determine whether or not any requested information is pertinent. All forms, guidance, worksheets, applications, etc. used must be the current versions as posted on our web site at http://h2o.enr.state.nc.us/ncwetlands. The Express Review Program website can be found at http://h2o.enr.state.nc.us/ncwetlands/express_review.htm. Please note that it will be responsibility of the applicant or the applicant's consultant to verify that the current versions are used. The versions posted on our web site will be considered to be the current versions. You are a very important part of the success of this program, if you have suggestions or clarifications please send your comments to the Wetlands/401 Unit of the DWQ (via email at 401express(&cmail.net). Filling Out the Pre-Construction Notification Application: The Corps of Engineers (USACE)/DWQ official, joint PreConstruction Notification (PCN) Application must be used as a basis for the expedited review process. The completed application should be presented first and the supporting information tabbed and collated in the same order. Using a custom format is not recommended. The open squares (O.) are checklist items. The following items correspond to the numbering system on the PreConstruction Notification Form (PCN): IMPORTANT: USE CHECK BOXES TO TRACK PROJECT INFORMATION!! a4. C" p Ad ??at r , 1P, SECTION 1. PROCESSING X1 & 2.The USACE determines which Nationwide, Regional, or General Permit is required. If you have verified with the USACE which permit they intend to use for your project or if you already have written approval from the USACE, please indicate by adding "verified" or "verified, attached", respectively, in the blank next to the Permit number requested. Not Verified X Attach the USACE Approval if you have it. Pending: Submitted to the Corps on August 9, 2007 ? 3. It is not anticipated that the expedited process will be requested for this situation. Information is given. Tax Pin 2090-90-0699.000 X = 4. If you propose to impact 150 feet or more of perennial stream or 1 acre or more of wetland and onsite mitigation is not proposed, it is recommended that you either locate an acceptable private bank with available credits (with documentation to show that the bank can and shall provide the credits needed) or obtain approval from the EEP for the entire amount of stream and or wetland as DWQ will make the final determination as to whether or not mitigation applies. A complete Express application is not considered received unless an EEP approval letter is attached if mitigation is requested through EEP. Please note that the USACE may have different mitigation requirements and thresholds.: Impacting less than 150 feet of stream and less than 1 acre of wetland. No compensation offered for impacts. X 4-- 5. State whether your project will require a CAMA Minor, Major or General Permit and give the status of the permit. Does not require DCM review: Warren County is not a coastal county. SECTION II APPLICATION INFORMATION 1. 15 NCAC 2H .502(f) reads as follows: "Who Must Sign Applications. The application shall be considered a "valid application" only if the application bears the signature of a responsible officer of the company, municipal official, partner or owner. This signature certifies that the applicant has title to the property, has been authorized by the owner to apply for certification or is a public entity and has the power of eminent domain. Said official in signing the application shall also certify that all information contained therein or in support thereof is true and correct to the best of his/her knowledge." ? Please indicate how the applicant meets the above definition and provide supporting documentation. He represents the Hubquarter Development, Inc. ? - Please provide all of the requested contact information including a fax number and email address. David Williams's contact information is in application. 2. If the application is not signed by the applicant, please attach the agent authorization letter. The applicant must sign the agent authorization letter. The applicant's name and position must also be spelled out as many signatures are difficult to read. Application is signed by applicant. Kerr Environmental Services, Corp is the agent for the application. 3. Please provide all of the requested contact information including a fax number and email address. All contact information is provided for applicant and agent. SECTION III PROJECT INFORMATION The following is the most critical of all the information that you must provide. The quality and detail of the information will often determine the expeditiousness of the review. The following is a checklist of the types of pertinent information required at a minimum: 3 Maps and Plans: ? The most recent version of the 1:24,000 USGS Topographic Map. Please cleanly delineate the site boundaries, etc. on the map. If the delineation obscures any of the features, it is recommended that a clean copy be provided. Please indicate the quadrangle name. You can go to the USGS web site (http://mac.usgs.gov/maplists/) to verify the most recent version. ? The most recent version of the NRCS Soil Survey Map (required for projects within the Neuse River Basin, TarPamlico River Basin, Randleman Lake Watershed and the Catawba River Basin, also recommended for all projects) Please cleanly delineate the site boundaries, etc. on the map. If the delineation obscures any of the features, it is recommended that a clean copy be provided. Please indicate the page or map number from which the copy of the map was made. Copies of the current soil survey and/or soil survey map sheets can be obtained from the local NRCS County Office (http://www.nc.nres.usda.gov.). GIS soil layers are not acceptable. Not in one of the aforementioned counties. ? Vicinity map Please clearly mark the location and approximate boundaries of the property and project on the map. Please indicate north and scale. Please include applicable road names or State Road numbers. Look at Sheet 1 of 4 and Sheet 2 of 4 ? The Site Plan The most critical map to be provided is the site plan. You must provide full sized plans. The following is the minimum list of plans that are typically needed. ? Preconstruction/Preexisting conditions This sheet must be scaled and include all jurisdictional and nonjurisdictional wetland, stream, water features, State regulated buffers, topographic contours with elevations, approximate extent and nature of forest, field, landscaping, or other cover. Any existing structures and impervious area must be shown. Existing utility lines and easements must be shown. Existing roads, culverts, and other pertinent features must be shown. North arrow and the scale must be shown. Please note that the impact boundaries on the maps should correspond to the flagged impact boundaries in the field. ? Proposed conditions These sheets must be scaled and show all existing jurisdictional and non- jurisdictional wetland, stream, water features, and State regulated buffers (delineated into Zone I and Zone 2) must be underlain on the site plan(s). The plans must show all builtout structures and impervious cover. The plans must include the final grading contours with elevations. The plans must indicate all utilities and easements. It is likely that several versions of the final builtout site plans will be necessary. ? Drainage Plans Final drainage plans must be included. The plans should include the locations and pertinent elevations and sizes of the collection system and drainage ways. All inlets and outlets must also be shown with pertinent elevations. Scaled stormwater BMPs must also be indicated as required by DWQ rules and policies. In certain cases, final stormwater management plans must also be provided, but that will be addressed later in this document. ? Plats The plans must show the location and layout of all subdivided parcels with lot identifications. Platted parcels must be developable without further impacts to jurisdictional and nonjurisdictional wetlands, streams, water features, and State regulated buffers. ? Proposed Impacts All impacts to jurisdictional and nonjurisdictional wetland, stream, water features, and State regulated buffers must be shown and labeled on the site plans. All excavation, fill, flooding, stabilization, and other impacts that will be conducted in or near jurisdictional and nonjurisdictional wetland, stream, water features, and State regulated buffers must be indicated. 4 Wetland Impacts (on the site plan): ? Precise grading and final elevation contours must be provided. Existing vegetation and any clearing must be specified. ? All subsurface utility lines must indicate the location of antiseep collars. Construction detail for antiseep collars must be provided. ? Roadway or other crossings of riparian wetlands may require floodway culverts to maintain existing hydrological conditions. ? When surface drainage features or groundwater recharge areas that feed or would reasonably feed wetlands that are not to be filled are made impervious, it may be necessary to direct some stormwater runoff to those areas in order to maintain hydrology. You must identify these areas and address them. Supporting explanations and discharge information must be provided to show that the wetland would not be eroded or receive too much or too little hydrology. In many cases this could help satisfy part of a stormwater management plan. X Flooding : no proposed or expected flooding X Draining: no proposed draining or expected draining Stream Impacts: ? Stream impacts must be clearly shown on the plans. The centerline as well as the banks of the stream must be surveyed or located by GPS for the portion of the stream to be impacted. Stream impacts have been surveyed and are depicted on plans as surveyed. Culverting: ? The inlet and the outlet of the culvert should be aligned with the stream as much as possible. Inlet and outlet elevations and streambed elevations should be indicated. Inverts have been provided. ? Any widening of the stream must be shown with elevations. No widening of the stream bed. ? The extent of and plan details for all dissipation or grade control devices should be shown with pertinent elevations. ? For shorter culvert sections, such as for road crossings, a longitudinal cross section that shows the stream bed invert at the inlet and outlet, the existing stream bank elevations and the invert of the inlet and outlet of the pipe(s) must be provided. Provided inverts to the pipe. ? For shorter culvert sections, such as for road crossings, a vertical cross section must be provided that shows the stream cross section at the inlet and outlet overlain with the culvert and fill cross section. Provided: Sheet 4 of 4. ? For bottomless culverts or other spans, a vertical cross section should be provided that shows the minimum distance from each span to each stream bank, the stream cross section, the height of the span above the stream and the minimum distance from the edge of each footer to each stream bank. Not a bottomless culvert. ? For bottomless culverts or other spans, a plan view must be provided that shows the location of the spans and the stream banks. Not a bottomless culvert. ? For longer culverts or culverts that will pass beneath substantial impervious cover, it will be necessary to provide adequate plan detail to show that discharge velocity/energy will be adequately dissipated. Not a long culvert or passing through impervious material. ? Cross section details must be provided showing the provisions for aquatic life passage. Aquatic life passage through culverts is typically achieved by placing the invert of the culvert below the existing bed of the stream per the USACE or North Carolina Wildlife Resource Commission guidelines. Other methods such as baffles may also be used. Please be aware that such placement may require the use of grade/velocity control measures up or down stream of culverts on steeper streams to prevent headcuts or streambed erosion. The culvert placement relative to the streambed can be indicated on the longitudinal profile. Grade and velocity control measures must be indicated on the plan view and typical designs should be provided. Pipe will be countersunk one foot: look at Sheet 4 of 4. X Multiple culverts, wide culverts or sectioned box culverts typically require the use of sills, offsetting or other means to match the cross section of the existing stream (in order to maintain stream stability and provide aquatic life passage). A vertical cross section of the culverts should be shown overlain with the up and downstream stream cross section including the stream floodprone area. This is a single culvert crossing. X Impacts associated with dam construction must indicate and enumerate all fill associated with the dam footprint, spillway and any bank stream bank stabilization. The length of stream impounded must also be indicated and enumerated. No dam proposed. Stream Relocations: No stream relocation proposed. X Stream relocations must be conducted as specified in General Certification numbers 3402 and 3404 (available on the Wetlands Unit web site). Stream relocation plans must include: X Morphological measurements (see Appendix B of the Internal Technical Guide for Stream Work in North Carolina available on the Wetlands Unit web site) - not all of the measurements are applicable in every instance. aC Typical stream cross sections - Typically, a riffle cross section and a pool cross section that includes the entire flood prone area. The bankfull and flood prone area elevations should be indicated. Similarly, a riffle cross section of the reference stream(s) should be provided. ?C Plan view - Provide scaled plans that show the location of the proposed (preferably with stationing) and the existing stream. In most instances, the bankfull contours and flood prone area contours, in stream structures, bank revetments/stabilization, channel plugs, planting plan, vegetation conditions, stormwater outlets, grade controls, bridges, culverts, sewer lines, roads, fencing, and easement lines should also be provided. X Longitudinal Stream Profile - A scaled profile that indicates the thalweg, bankfull, and top of bank elevations should be provided for the design and reference streams. In many cases, it will also be necessary to show the existing land elevations for the design stream. X Planting Plan - A planting and/or vegetation management plan should also be provided that makes use of appropriate native vegetation. The plan should indicate the extent, density, and species of plants to be provided. X Instream structure, bank revetment/stabilization, and stor mwater outlet typicals - Detailed, typical plans should be provided for all in stream structures, bank revetments or stabilization, and stormwater outlets. The typicals should include materials and specifications as well as relative lengths, positions, and angles. X Sediment transport analysis - A sediment transport analysis should be provided based on the current, relevant, accepted practices. The sediment transport analysis should be relevant to the streambed load type and should predict bed load transport equilibrium. X Permanent conservation easement or similar means of protection must also be provided. Other Information: ? 1. The project should always be referred to by this name in all correspondence as well as the DWQ # once it is provided. Project Name: Access road for Williams Property. ? 2. This only applies to DOT projects, which are not expected to utilize the Express Review Program. Not a DOT project. ? 3. This should be the size of the project as identified by the USACE for 404 Permits or by the Division of Water Quality for Buffer Approvals and Isolated Wetland Permits. Less than 150 linear feet of stream/less than 1/10 acre of wetland impact. ? 4. Please provide the name (as depicted on the USGS topographic map and DWQ Stream Classification Lists) of the nearest water body(ies) to which your project is a tributary to (e.g. "Neuse River (Falls Lake below normal pool elevation)"). (Do not simple state "stream", "river", "ocean", "sound" or "lake".) Please provide the "stream index number" of the named water body or water body section (e.g. "27(1)"). Also, please provide the full water quality classification (e.g. "WSIV NSW CA") of the water body. This information can be obtained from the DWQ web site http://h2o.enr.state.nc.us/bims/Reports./reportsWB.htmi. Tributary to Hubquarter Creek which flows into Lake Gaston, an impounded section of the Roanoke River. 5. Please state which river basin and subbasin that your project is in (e.g. "Neuse River Basin, NEU01 "). This information can be obtained from the DWQ web site http://h2o.enr.state.nc.us/bims/Reports/reportsWB.htmi. Roanoke River Basin, ROA07, 23-16. 6. Conditions should also be indicated on the existing site plan where applicable. Photos (including aerial photos) can be helpful in describing the existing conditions. See Sheet 1 of 4). ? 7. You must provide an attachment that explicitly describes what the proposed project will entail from the planning stage to final construction. The plan shows the access road that is being proposed. ? 8. This can be a simple explanation, but it is critically important because the purpose dictates how the no practical alternatives are reviewed. See Application. SECTION IV PRIOR PROJECT HISTORY ? Please include copies of all 401 Water Quality Certifications, Isolated Wetland Permits, Buffer Approvals, USACE Permits, CAMA Permits for the site as well as a copy of the final approved, site plan. Nothing received. Submitted Wetland Delineation Confirmation to Corps. SECTION V FUTURE PROJECT PLANS ? For projects utilizing the express review process, all impacts both present and potential future must be indicated. For instance, the location or configuration of platted lots sometimes suggests that future impacts will be necessary to build, access, or otherwise develop such lots. Failure to account for such potential impacts could delay or disqualify a project from the rapid review process. If you believe that the lot can be developed without impacts, but you anticipate that your assertion may be questioned, it is recommended that you provide a potential building foot print and/or grading plan to show that future impacts could be avoided. Any future development on Williams Property will be constructed to avoid wetland areas. All wetlands have been identified on the Williams Property and provided to the Corps for confirmation. No wetland or stream impacts are expected. SECTION VI PROPOSED IMPACTS TO WATER OF THE US ? 1. It is recommended that the individual impacts be described if there are special things to note about the impacts. Typically the most important thing is to have detailed accurate site plans as described above. Please make sure they are clearly labeled. Full Scale Erosion and Sediment Control plans have been provided with this application. ? = Please include all proposed temporary impacts. The impacts proposed include temporary impacts. The difference in proposed and temporary is small and therefore, has not been provided, however, the construction limits do not extend past the erosion and sediment control measures as depicted on the full scale diagrams. ?K Also, a current, signed delineation map from the USACE should be provided (if available) and a map locating the stream origins signed by the appropriate DWQ Staff must be provided if applicable. Pending from the Corps. ? 2. Each impact to a wetland must be clearly labeled and identified on the site plan. The type of impact must be clearly stated. If the impact is temporary, a specific plan must be described or shown as to how the wetland will be restored. Keep in mind that the USACE delineates some features as wetlands that DWQ calls streams. Please list any impacts in this table that DWQ would identify as a stream. If there is any doubt, it is recommended that the impacts be listed as streams. Please follow current DWQ policy with respect to whether a stream is perennial or not. It is recommended that you assume that a stream is perennial (unless you are positive that it is not) so if mitigation is required then the appropriate amount of mitigation would be anticipated or requested from the EEP or private bank. If the EEP or private bank has preapproved too short of an amount of stream or if inadequate mitigation is proposed, then that situation will result in delays. ? 3. Sometimes it is difficult to detennine whether a feature is a modified natural channel or a ditch, especially in the eastern part of the State. Soils, drainage features, topography, macro invertebrates, and similar factors, all are important for making that determination. ? 4. Other items to address not specifically requested in the application include downstream sediment starvation, thermal pollution, low flow releases from dams, and aquatic life passage. Other important considerations are buffer reestablishment or mitigation around ponds on buffered streams. The site plan should include the precise elevation contour of the normal pool as well as the dam footprint. Mitigation is required for wetland flooding of an acre or greater and for stream fill (if over the 150 foot threshold) under the dam footprint and any outlet stabilization. SECTION VII AVOIDANCE AND MINIMIZATION Avoidance and minimization are critical aspects of an application particularly if you desire the application to be processed expeditiously. The following is a checklist of avoidance and minimization questions that DWQ Staff often look for in applications. 0 O X Are there any stream crossings at angles less than 75 or greater than 105 ? No. X Are there any stream crossings that cross two streams above or at the confluence of those streams? No. Are there any stream, wetland, water, and/or buffer impacts other than perpendicular road crossing near the edges of the property? No. X Can the stream be relocated as a natural channel design as opposed to culverted or otherwise filled? No. aC Is any single stream crossed more than once? No. X Can property access routes be moved or reduced to avoid stream, wetland, water, and buffer impacts? No. X Can a building, parking lot. etc. be realigned to avoid impacts? No. Can the site layout be reconfigured to avoid impacts? No, the road cannot avoid impacts. X Can headwalls or steeper side slopes be used to avoid/minimize impacts? No. 8 X Can a retaining wall be used to avoid/minimize impacts? No. X Can cul de sacs be used in place of a crossing? No. X Can lots be reshaped or have shared driveways to avoid impacts? No. If based solely on the practicable physical possibility, the answer is "yes" to any of the above questions then you must have to provide substantial and convincing justification as to why the impacts are necessary. If the impacts are required by a local government or other agency, the claim must be supported with appropriate written documentation from the local government or other agency. Most projects typically involve the need to justify avoidance and minimization. If this information is not readily available, then the express review process may not be the appropriate venue to use. Providing alternative plans (such as plans that avoid the impact, minimize the impact and the preferred plan, similar to those used in environmental assessments) and explanations as to why the preferred plan is needed and why the alternative plans won't work are many times helpful in the no practical alternatives review. SECTION VIII MITIGATION Mitigation for the Express Review Program, final mitigation plans must be presented up front. The final plans (except for plans that propose payment into the Ecosystem Enhancement Program (EEP), Riparian Buffer Restoration Fund, private mitigation banks, or similar banking instruments) must contain detailed plans, specifications, calculations and other supporting data that show that the appropriate mitigation will be achieved at the ratios required. The design plans must be developed to at least the "90%" level. Monitoring plans must be final and specific. Any means of permanent protection, such as a permanent conservation easement must be provided. If you elect to use the EEP or a private mitigation bank, it is recommended that you request the maximum possible mitigation amount that DWQ may require so that you will not have to get further approval from them on short notice. The EEP and private banks are not part of the expedited review process and cannot be expected to meet any such deadlines. There will be no conditional expedited approvals that require final plans at a later date. It is not recommended that innovative mitigation techniques or greater than 10% preservation be requested as part of an expedited process. SECTION IX If your project requires the preparation of an environmental document under NEPA or SEPA and an approval letter has not been issued by the State Clearinghouse, then you cannot apply under the expedited review process. It is your responsibility to find out if such documentation is required. SECTION X There are many aspects of the Buffer Rules that must be addressed in every application, if applicable. The first and most important thing to keep in mind is that allowable activities that require written Approval from DWQ triggers a review of the entire project for compliance with the Buffer Rules. Diffuse Flow & Stormwater Management: The most common issues that arise involve the requirement for diffuse flow of stormwater through riparian buffers. Basically one of three things must be indicated in regards to all "new" stormwater that is collected and subsequently discharged. First, provisions for diffuse flow through the protected buffer must be made. This usually involves the use of level spreading devices designed to the latest DWQ guidance on level spreader design, which is available on our web site. Please keep in mind that it does not matter how far a discharge point is from a buffer. The stormwater must be flowing in a diffuse manner at whatever point it eventually reaches the buffer. If the stormwater will not be flowing in a diffuse manner through the protected buffer at the point it reaches the buffer, then one of the following options may be allowed: aC You may provide a nitrogen removing measure such as a forested filter strip, grassed swale, stormwater wetland, etc. The measure employed should be designed according to the NC DENR Stormwater Best Management Practices Manual or other DWQ Guidance available at http://h2o.enr.state.nc.us/ncwetlands/regcert.htmi. After the nitrogen is treated, the stormwater can be directly conveyed through the buffer with written DWQ approval. No buffer rules for Roanoke River Watershed. X You may discharge the stormwater to an existing manmade conveyance that currently conveys stormwater through the protected buffer (assuming the conveyance was not constructed in violation of the Rules) as long as that conveyance does not need to be altered to convey the flow. Please remember that there are no other choices. The following checklist is intended to help insure that your application will not be deemed incomplete as a result of improper stormwater design. Stormwater Management (for Buffer Rules compliance only - Also, see Section XI): X All stormwater outfalls must be clearly shown and labeled on the site plan for projects in Buffered watersheds. List each outfall as labeled: Not performed because outside of areas in which Buffer Rules apply. Option 1: Level spreading devices designed to the latest DWQ Guidance, and devices that merely control velocity but do not provide diffuse flow such as rip rap dissipators are not proposed. List each of these outfalls as labeled on the site plan and provide a DWQ worksheet available at http://h2o.enr.state.nc.us/ncwetiands/regcert.htmi: Option 2: Nitrogen removing measures designed to DWQ Standards are proposed for discharges for which diffuse flow through a protected Buffer cannot be met. List each of these outfalls as labeled on the site plan and provide a DWQ worksheet available at http://h2o.enr.state.nc.us/ncwetlands/regcert.html Option 3: The stormwater will be discharged to an existing manmade (not including modified natural channels) conveyance that carries the stormwater through the Buffer. The conveyance was not constructed in violation of the Buffer Rules. List each outfall as labeled: X All stormwater outfall must meet one of the options above. (Note: if you cannot check this box This application will likely not be accepted into the express review process.) Site Plans: 1C All applications on properties with DWQ protected buffers must clearly depict the buffers and any impacts to the buffers on the site plans. The impact maps should clearly depict both zones of the protected buffers and the proposed impact areas (provided in square feet). No Buffer Rules for Roanoke River Watershed. Surface Water & Buffer Delineations: X Any surface waters subject to DWQ protected buffers must be field located and accurately depicted on the site plans and impact maps. The width, dimensions and pattern of the surface water must be delineated. The surface water location must not be taken simply from a USGS map, soil survey or local municipality's map. The buffers must be measured from the surface water as required within the applicable buffer protection rule (e.g., all buffers along streams subject to the Neuse and TarPamlico Buffer Rules must be measured from the "topofbank" of the stream and not the centerline of the stream). All streams must be surveyed or located by GPS and shown precisely on the site plans. No Buffer Delineation needed, we are in the Roanoke River Watershed. Impact Table: 10 ? Please provide additional impact tables that clearly state the area of impact for each corresponding impact site. Look in PCN application. Variances: X Projects that require a Major and/or "General" Variance will not be eligible for the use of the Express Review Program (with the exception of the Coastal General "Major" Variance. This project does not require a variance. Mitigation: X As opposed to applications that are submitted under our regular process, final mitigation plans must be presented up front (see requirements for Section VIII above). The mitigation plans must comply with the applicable buffer mitigation rule. No mitigation necessary: no impacts to riparian buffers. SECTION XI STORMWATER Please provide the following information in regards to potential stormwater requirements: ? The total acreage of the site. 108 (acres) ? The total builtout impervious acreage - 2.02 (acres) ? The total area that will be disturbed 7.02 (acres) X If the total area exceeds 20% imperviousness, the development on the site is uniform in density, and you claim that the total impervious area is less than 30%, you must provide a complete, detailed breakdown of the assumed builtout conditions. The breakdown must be detailed enough to show that all potential impervious areas are accounted for. X If there are concentrated areas of development such as multifamily, commercial, cluster, club houses, etc. that exceed 30% imperviousness and the total imperviousness for the site does not exceed 30%, a stormwater management plan will likely be required for those areas that exceed 30% imperviousness. ? Stormwater management plans must be complete with a final design and an executed Operation and Maintenance Agreement. There will be no conditional stormwater approvals for the express review process that allow for approval of the final plans at a later date. Worksheets must be provided that are available at http://h2o.ehnr.state.nc.us/ncwetiands/mitresto.htm1. SECTION XII SEWAGE DISPOSAL ? Response must be clear and detailed. Any disposal method that suggests further impacts may be required other than those shown must be clearly addressed on the site plans. SECTION XIII aC Answering yes to either of these responses automatically precludes you from the express review process. SECTION XIV SIGNATURE The name, position and/or title of the applicant must be in type or long hand script here with the signature. It should be the same person as described in Part II. If you have any questions about these requirements, please email the Express Review Program at 40lexpress@ncmail.net and include your question and phone number and the appropriate staff will respond as soon as possible. Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. &g40 D'1 - Is g 01 1. Processing ?PA,ID 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: 14 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), c*V-.berq II. Applicant Information SE_. F?C 1001 ??, 1. Owner/Applicant Information )r / WATER ouPLiTv Name: Hub quarter Development, Inc Mailing Address: 1595 NC 903 Littleton, NC. 27850 Telephone Number:_ (252) 586-7211 Fax Number: (252) 586-7533 E-mail Address: dwbldrs(o-)3rddoor.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: Kristen Shacochis-Brown Company Affiliation: Kerr Environmental Services Corp. Mailing Address: 1008 Old Virginia Beach Road, Suite 200 Virginia Beach, Virginia 23451 Telephone Number: (757) 963-2008 Fax Number: (757) 963-8322 E-mail Address: kshacochisgkerrenv.com Updated 11/1/2005 Page 1 of 9 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: Access Road to the Williams Property 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 2090-90-0699.000 4. Location County: Warren Nearest Town: Littleton Subdivision name (include phase/lot number): to be called Hubquarter Landing Directions to site (include road numbers/names, landmarks, etc.): There is no access road to the property The property is located west of River Forest Community and north of NC Route 903 before the powerline easement See attached vicinity man. 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): 36.4978 ON 77.9874 °W 6. Property size (acres): approximately 108 acres 7. Name of nearest receiving body of water: Hubauarter Creek (ROA07 23-16 B26NE6 C) 8. River Basin:_ Roanoke River Basin (HUC 03010106) (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h-o.enr.state.nc.us/admin/maDs/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: undeveloped except for small 80-foot wide clearing for Updated 11/1/2005 Page 2 of 9 access. This clearing is unimproved and stumps remain in the ground. There is one temporary crossing in the clearing within the stream bed. 10. Describe the overall project in detail, including the type of equipment to be used: The construction of one road crossing of less than 150 feet of stream. The impact includes the road footprint, and limits of the apron for stabilization. 11. Explain the purpose of the proposed work: The work is needed to provide access to the Williams property 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. As of August 9, 2007, we submitted to the Corps the survey plats for confirmation of limits of wetlands/waters identified on this 108-acre tract and the 24-acre tract to the north. We met with the Corps on July 3, 2007 and they had verbally confirmed limits of wetlands/waters for both properties as "flagged in the field". 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 further permit needs are expected associated with the access road or with the construction of the development. 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. Updated 11/1/2005 Page 3 of 9 I . Provide a written description of the proposed impacts: We plan to install a 72-foot long, 48- inch wide reinforced concrete pipe in the stream bed, place earthen fill for the roadbed and shoulders, install a 32-foot long by 36-foot wide by 24-inch tall apron on the northern end of the pipe and a 16-foot long by 12-foot wide by 24- inch tall apron to the south end of the pipe. 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 Site Number (indicate on map) ype of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within I00-year Floodplain (yes/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 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. To calculate acreage, multiply length X width, then divide b 43,560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact indicate on ma Before Impact (linear feet) (acres) A Unnamed trib to Road crossing Perennial 4 feet 146 0.03 Hubquarter Creek Total Stream Impact (by length and acreage) 146 0.03 Updated 11/1/2005 Page 4 of 9 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, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma) Name (if applicable) Waterbody Type of Impact Type of Waterbody (lake, pand estuary' sound bay' ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) 0 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.03 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.03 Total Stream Impact (linear feet): 146 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 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. The stream bisects the property Updated 11/1/2005 Page 5 of 9 and therefore, is unavoidable. We have shifted the road to the north, away from a more sinuous section to minimize the length of impact. Erosion and sediment controls will be installed during construction to minimize impacts to the stream. The pipe will be countersunk. 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. 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 (see DWQ website for most current version.). 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. Because we are below the 150 linear feet of impact, no mitigation has been offered. 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://www.nceep.net/pages/inlieureplace.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 Page 6 of 9 Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-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 (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 )? 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. Impact I Required Zone* ,?? Ye F e+? Multiplier Ta,+;rte+,,,,, I 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 1. Updated 11/1/2005 Page 7 of 9 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. 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. Constructing 2.02 acres of impervious surfaces consisting of asphalt -paved roads on a 108 acre parcel. The remainder of the property will remain pervious. Therefore, the total percentage of impervious surface associated with this property will be 1.7%. 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 sewage disposal will be necessary for the proposed development on this property. A traditional septic drain field will be constructed in the northwestern section of this 108-acre property to accommodate future development. 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 an after-the-fact permit application? Yes E] 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: Updated 111112005 Page 8 of 9 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 Threat nod Species, accessibility problems, or other issues outside of the applicant's control). Applicaut/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updood I1IM200s page 9 of 9 _AL Kerr Environmental Services Corp. a Sustainable Ecological Restoration and Environmental Consulting 1008 Old Virginia Beach Rd. Suite 200 Ph: 757 963 200E Virginia Beach, VA 23451 Fax: 757 963 8322 DESIGNER: Scott T. Murray, Inc. 274 Botetourt Ct., Boydton, VA 23917 Phone (252) 213-9501, Fax (252) 689-2925 PRE-CONSTRUCTION NOTIFICATION VICINITY MAP Access Road to Williams Property WARREN COUNTY, NORTH CAROLINA NO SCALE 1G"___ PURPOSE: WETLAND & SLIP PERMITS DATE REGG WATER BODY: LAKE GASTON 8-31-07 LATITUDE 36°30'14"N LONGITUDE 77°5925"W SHEET DATUM. NAD 27 I 1 of 4 Kerr Environmental PRE-CONSTRUCTION NOTIFICATION SCALE: 1 "=800' Services Corp. Sustainable Ecological Restoration SITE MAP 400, 400 800' and Environmental Environmental Consulting 1008 Old Virginia Beach Rd. PURPOSE: WETLAND & SLIP PERMITS DATE Suite 200 Ph 757 963 2008 REC'G WATER BODY: LAKE GASTON g-31-07 Virginia Beach, VA 23451 Fax: 7579638322 Access Road to Williams Property LATITUDE: 36°30'14"N DESIGNER: Scott T. Murray, Inc. 274 Botetourt Ct., Boydton, VA 23917 WARREN COUNTY, NORTH CAROLINA LONGITUDE 77°59'25"w SHEET Phone (252) 213-9501, Fax (252) 669-2925 DATUM NAD P7 2 of 4 j 77 -J CULVERT #2 I F AR" RrP LEGEND 16'Lx12'Wx24"T -- ?--- '_? , :. STREAM IMPACT / (146 LF) STREAM - Kerr Environmental PRE-CONSTRUCTION NOTIFICATION SCALE: 1 "=30' Services Corp. Sustainable Ecological Restoration IMPACT A 15 ' 0 15' 30' ? and Environmental Consulting 1008 Old Virginia Beach Rd. PURPOSE' WETLAND & SLIP PERMITS DATE Suite 200 Ph: 757 963 2008 REC'G WATER BODY LAKE GASTON Virginia Beach, VA 23451 Fax: 757 %3 8322 Access Road to Williams Property LATITUDE: 36°30'74"N 8-31-07 DESIGNER: Scott T. Murray, Inc. 274Botetourt Ct, Boydton, VA 23917 WARREN COUNTY, NORTH CAROLINA LONGITUDE: 77°59'25°w SHEET Phone (252) 213-9501, Fax (252) 689-2925 DATUM: NAD 27 .. O f (} w, fly "1'4. .;i?1 3.i{ta 3 :.ai obi: '36 50 0 37' 50 U, ?001 38"'50 25.E 2€0 258 25i 2 u Z' 4, 255, 254 254 252 252 250 259 248 248 248 24& 244 244 242 242 2407 24 2.36 2'36 234 2..14 232 232 230 23U 228 228 226 226 224 224 222 222 220 220 218 218 34+}} 34+50 95+00 35*50 36-40 36+50 37+00 37w50 38+00 38+50 s ?e tad p; 2 ti 34+(ID 34t50 35+00- 35 50 36400 36350 :37400 37,.r,U SH+00 38+50 r__ lw-r Kerr Environmental PRE-CONSTRUCTION NOTIFICATION SCALE: 1 "=80' Services Corp. Sustainable Ecological Restoration 40 0 40so z and Environmental Consulng SECTION A • A' 1008 Old Virginia Beach Rd. PURPOSE: WETLAND & SLIP PERMITS DATE Suite 200 Ph: 757 963 2008 REC'G WATER BODY: LAKE GASTON Virginia Beach, VA 23451 Fax: 7579638322 8_31_07 Access Road to Williams Property DESIGNER: Scott T. Murray, Inc. LATITUDE: 36°30'14"N 274 Botetourt Ct., Boydton, VA 23917 WARREN COUNTY, NORTH CAROLINA LONGITUDE: 77°59'25"W SHEET Phone (252) 213-9501, Fax (252) 689-2925 DATUM: NAD 27 40f 4 Photos of the King Tract The area of the proposed stream crossing Stream Crossing looking south Stream crossing looking north Northwest section of the King Tract