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HomeMy WebLinkAbout20141272 Ver 1_401 Application_2014121412/3/2014 NC Department of Environment and Natural Resources Water Quality- Fees and Procedures Water Quality Permitting • Wastewater Branch • Wetlands o 401 Et Buffer Permitting o Staff Contacts o Public Notices 0 401 Certification and Isolated Permitting • Forms • Certifications and Permits • Frequently Asked Questions • Applying for a Certification /Permit • Fees and Procedures • Avoidance a Minimization • Application Forms and Additional Documents • General Certifications • Compensatory Mitigation • Stormwater Management Plans • Helpful Links • Express Review • Wetlands and Streams • Statutes and Rules • Guides and Manuals • Riparian Buffers • Nutrient Offset It Riparian Buffer Mitigation • Compliance Assistance • Wetlands, Buffers, Streams - Compliance Et Permitting o Transportation Permitting • Program Development • Active - Expired 401 WQCs and Buffer Permits Map • Electronic Document Management System • Stormwater Permitting NCDENR - Fees and Procedures ri, E -C 0 -9 2014- 401 &t Buffer Permitting Unit Applying for a Certification /Permit Fees and Procedures Staff Contacts (http //portal-ncdenr org/ web /wq/swp/ws/webscape/contacis) ♦ Pubhc Notices (http / /portal ncdenr org /web /wq /swp /ws /401 /pubbcmtices) ♦ Survey__ How are we_doing? (http / /www surveymonkey com /s /NCDWQ_WQC_buffer_survey) Fee Schedule Applications received as of September 1, 2007 are subject to the following fee schedule Scale of impacts to wetlandsi, watersi and streams2 Fee Schedule Major3 water quality applications Greater than or equal to one acre of $570 00 wetlands /waters AND /OR greater than or equal to 150 feet of streams (intermittent or perennial) Minor3 water quality applications Less than one acre of wetlands /waters AND less $240 00 than 150 feet of streams (intermittent or perennial) rChecks shou'Cd`be °made`pa ayay ble -to =T1 C. Division of Water Resources." 1 Includes all wetlands and waters identified as Waters of the State, including 404 Wetlands, Isolated Wetlands, and other non -404 Wetlands subject to a permitting program administered by the State of North Carolina 2 Includes all streams claimed by the State of North Carolina US Army Corps of Engineers stream categories such as important /unimportant, or Relatively Permanent Waters are not relevant to this issue 3 The legislation refers to major" and "minor' applications These artificial categories refer to combined impacts, and have no relationship whatsoever to the actual types of 401 Certifications and Isolated Wetlands Permits (Individual and General) Fees are based strictly on the scope of impact, not on the type of authorization requested If you apply for a 401 Certification and an Isolated Wetlands Permit on a single project, the impacts are added to determine the total application fee Procedures: • All applications must be accompanied by a check for the required amount Payment must be made in full No applicants or projects are exempt from the fee requirement unless it is designated an Emergency Watershed Protection project • If payment is not included with the application, the application will be returned to the applicant as incomplete • If the correct payment is not included with an Individual or a CAMA permit application, a project file will be created, but the applicant will receive a letter informing them that the project will not be processed until the full payment is provided • Changes to an existing 401 Water Quality Certification or Isolated Wetlands Permit require a modification to the certification /permit by DWR A fee is required with each issuance of a modification http//portal ncdenr orgMebMwq /sv4)tm /401 /certsandpermits /apply/fees 1/2 12/3/2014 NCDENR - Fees and Procedures • A fee is required for each application submitted, so applicants are encouraged to inclu a as r many project details and phases as possible in the initial application • If a project requires a CAMA permit, a separate payment for the 401 Certification is not required The Division of Coastal Management administers the fee for both the CAMA Perrmt and 401 Certification /Isolated Wetlands Permit • No refunds will be issued for denied, modified or withdrawn certification requests If DWR or the U S Army Corps of Engineers retires a project due to insufficient or inaccurate information, no refunds will be issued • Nationwide Permits or General Isolated Wetland Permits for minor wetland impacts or those without wetland or stream fill that do not require written approval do not require payment of the fee If an applicant still chooses to submit an application in order to have written approval to file with their project records, then the fee payment is required if wetland or stream fill is involved • Receipts for fees will only be sent upon written request • Stream impact will be calculated based on length rather than an area in all cases (regardless of Individual versus Nationwide permit status or significant versus insignificant channel) This has been the policy since February 1997 but recently some confusion has developed with some applicants • For non - transportation projects send all five (5) copies of the application for DWR to Mailing Address (if sending by first class mail via the US Postal Service) NC DWR, 401 ft Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699 -1617 Physical Address (if sending by delivery service, UPS, FedEx, etc ) NC DWR, 401 Et Buffer Permitting Unit 512 North Salisbury Street Raleigh, NC 27604 • For transportation projects send all five (5) copies of the application for DWR to Mailing Address (if sending by first class mail via the US Postal Service) ! NC DWR, Transportation Permitting Unit 1617 Mail Service Center Raleigh, NC 27699 -1617 Physical Address (if sending by delivery service, UPS, FedEx, etc ) NC DWR, Transportation Permitting Unit 512 North Salisbury Street Raleigh, NC 27604 For more information, please contact Karen Higgins at 919 - 807 -6360 N.C. Department of Environment and Natural Resources 1601 Mail Service Center, Raleigh, NC 27699 -1601 Headquarters (Environment and Natural Resources Building) 217 W Jones St ��iJ• Archdale Building 512 N Salisbury St NCWR Toll Free (877) 623 -6748 http / /portal ncdenr org/web/wq /swp/ws/ 401 /certsandpermits /applyffees 212 OF wAr! 9 fi , o� oc V �" Office Use Only 1 n O 1 4 1 2 2 Corps action ID no DWQ protect no Form Version 1 4 January 2009 Page 1 of 10 PCN Form — Version 1 4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a Type(s) of approval sought from the Corps ❑ Section 404 Permit ❑ Section 10 Permit 1 b Specify Nationwide Permit (NWP) number 13 or General Permit (GP) number 1c Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1 d Type(s) of approval sought from the DWQ (check all that apply) ❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑X Riparian Buffer Authorization 1 e Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification ❑ Yes ❑X No For the record only for Corps Permit Q Yes ❑ No 1f Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program ❑ Yes ❑X No 1g Is the project located in any of NC's twenty coastal counties If yes, answer 1 h below ❑ Yes ❑X No 1h Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a Name of project Wingate Streambank Stabilization 2b County Wilson 2c Nearest municipality / town Wilson 2d Subdivision name Club Terrace 2e NCDOT only, T I P or state project no 3. Owner Information 3a Name(s) on Recorded Deed Douglas Hale 3b Deed Book and Page No 2411,43 3c Responsible Party (for LLC if applicable) 3d Street address 4205 Wingate Dr N 3e City, state, zip Wilson, NC 27896 3f Telephone no 3g Fax no 3h Email address Page 1 of 10 PCN Form — Version 1 4 January 2009 4. Applicant Information (if different from owner) 4a Applicant is ❑ Agent Other, specify -Local Municipality 4b Name City of Wilson 4c Business name (if applicable) City of Wilson 4d Street address 1800 Herring Avenue 4e City, state, zip Wilson, NC 27894 4f Telephone no 252- 296 -3305 4g Fax no 252- 399 -2453 4h Email address dnorns @wilsonnc org 5. Agent/Consultant Information (if applicable) 5a Name Daryl Norris, Stormwater Specialist 5b Business name (if applicable) City of Wilson 5c Street address 1800 Herring Avenue 5d City, state, zip Wilson, NC 27894 5e Telephone no 252- 296 -3305 5f Fax no 252- 399 -2453 5g Email address dnorns @wilsonnc org Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a Property identification no (tax PIN or parcel ID) 3713 -39 -9115 000 1b Site coordinates (in decimal degrees) I Latitude 35 776 Longitude -77 941 1c Property size 04 acres 2. Surface Waters 2a Name of nearest body of water to proposed project UT to Toisnot Swamp 2b Water Quality Classification of nearest receiving water C, NSW, WS3 -P 2c River basin Neuse 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 Streambank erosion occunng on one side of stream Steep slopes and erodible sods causing bank to fad The immediate land use is low density residential with high density commercial upstream and the drainage area is 100% built out - 3b List the total estimated acreage of all existing wetlands on the property 0 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 65 3d Explain the purpose of the proposed project Stabilize the stream banks to prevent further erosion 3e Describe the overall project in detail, including the type of equipment to be used The eroding stream bank and bed will be excavated to install gabion baskets and mattresses See Attachment 4. Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ❑ Yes ❑X No ❑ Unknown Comments 4b If the Corps made the jurisdictional determination, what type of determination was made? ❑ preliminary ❑ Final 4c If yes, who delineated the jurisdictional areas? Name (if known) Agency /Consultant Company Other 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation 5. Project History 5a Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? El Yes X❑ No ❑ Unknown 5b If yes, explain in detail according to "help file" instructions 6. Future Project Plans 6a Is this a phased project'? ❑ Yes ❑X No 6b If yes, explain Page 3 of 10 PCN Form —Version 1 4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary la Which sections were completed below for your project (check all that apply) ❑ Wetlands ❑X Streams — tributaries ❑X Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted 2a Wetland impact number Permanent (P) or Temporary T 2b Type of impact 2c Type of wetland 2d Forested 2e Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f Area of impact (acres) W1 - Choose one Choose one Yes /No - W2 - Choose one Choose one Yes /No - W3 - Choose one Choose one Yes /No W4 - Choose one Choose one Yes /No = W5 - Choose one Choose one Yes /No - W6 - Choose one Choose one Yes /No 2g Total Wetland Impacts: 2h Comments 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted 3a Stream impact number Permanent (P) or Temporary (T) 3b Type of impact 3c Stream name 3d Perennial (PER) or intermittent (INT)? 3e Type of jurisdiction 3f Average stream width (feet) 3g Impact length (linear feet) S1 P Stabilization UT to Toisnot Swamp PER Corps 3 65 S2 T Excavation UT to Toisnot Swamp PER Corps 3 65 S3 - Choose one - S4 - Choose one S5 - Choose one S6 - Choose one - 3h Total stream and tributary impacts 65 31 Comments Page 4 of 10 PCN Form — Version 1 4 January 2009 4. Open Water Impacts If there are proposed Impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U S then indiv ually list all open water impacts below 4a Open water Impact number Permanent (P) or Temporary T 4b Name of waterbody (if applicable) 4c Type of Impact 4d Waterbody type 4e Area of Impact (acres) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f Total open water impacts 4g Comments 5. Pond or Lake Construction e If pond or lake construction proposed, the complete the chart below 5a Pond ID number 5b Proposed use or purpose of pond 5c Wetland Impacts (acres) 5d Stream Impacts (feet) 5e Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f Total: 5g Comments 5h Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no 51 Expected pond surface area (acres) 5j Size of pond watershed (acres) 5k Method of construction 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below If yes, then Individually list all buffer impacts below If any impacts require mitigation. then vou MUST fill out Section D of this form 6a. Project Is in which protected basin? ❑X Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other 6b Buffer Impact number — Permanent (P) or Temporary T 6c Reason for impact 6d Stream name 6e Buffer mitigation required? 6f Zone 1 Impact (square feet ) 6g Zone 2 impact (square feet 61 P Hard Armoring UT to Toisnot Swamp No 1,300 0 B2 T Excavation & Back fill UT to Toisnot Swamp No 1,300 B3 Yes /No B4 Yes /No B5 Yes /No B6 - Yes /No 6h Total Buffer Impacts: 1,300 0 61 Comments Impacts will be limited to only those areas required for excavating the stream bed and bank on one side, and installing gabions and mattresses and associated back fill Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project Impacts will be limited to only those areas required for excavating the stream bed and bank on one side, and installing gabions and mattresses and associated back fill lb Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques A pump around bypass system will be used during construction to minimize any additional impacts from the construction process 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a Does the project require Compensatory Mitigation for impacts to Waters of the U S-or Waters of the State? ❑ Yes ❑X No 2b If yes, mitigation is required by (check all that apply) ❑ DWQ ❑ Corps 2c If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a Name of Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type Choose one Type Choose one Type Choose one Quantity Quantity Quantity 3c Comments 4. Complete if Making a Payment to In -lieu Fee Program 4a Approval letter from in -lieu fee program is attached ❑ Yes 4b Stream mitigation requested linear feet 4c If using stream mitigation, stream temperature Choose one 4d Buffer mitigation requested (DWQ only) square feet 4e Riparian wetland mitigation requested acres 4f Non - riparian wetland mitigation requested acres 4g Coastal (tidal) wetland mitigation requested acres 4h Comments 5. Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan Page 6 of 10 PCN Form — Version 1 4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ❑X No 6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount of mitigation required Zone 6c Reason for impact 6d Total impact (square feet) Multiplier 6e Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1 5 6f Total buffer mitigation required: - 6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund) 6h Comments Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a Does the project include or is it adjacent to protected riparian buffers identified ❑X Yes ❑ No within one of the NC Riparian Buffer Protection Rules? lb If yes, then is a diffuse flow plan included? If no, explain why No this The flow of the stream will be pumped around during construction No other discharges are included ❑ Yes ❑X No in project 2. Stormwater Management Plan 2a What Is the overall percent imperviousness of this project? 0 2b Does this project require a Stormwater Management Plan? ❑ Yes ❑X No 2c If this project DOES NOT require a Stormwater Management Plan, explain why It is only a bank stabdzation project under Nationwide 13 2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan 2e Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a In which local government's jurisdiction is this project? City of Wilson ❑ Phase II 0 NSW 3b Which of the following locally - implemented stormwater management programs ❑ USMP apply (check all that apply) ❑X Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a Which of the following state - implemented stormwater management programs apply ❑ORW (check all that apply) ❑Session Law 2006 -246 ❑Other 4b Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? S. DWQ 401 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ❑X Yes ❑ No Page 8 of 10 PCN Form — Version 1 4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal /state /local) funds or the ❑x Yes ❑ No use of public (federal /state) land? lb If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State El Yes No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter ) Comments 2. Violations (DWQ Requirement) 2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards, ❑ Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this an after - the -fact permit application? ❑ Yes ❑X No 2c If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s) 3. Cumulative Impacts (DWQ Requirement) 3a Will this project (based on past and reasonably anticipated future impacts) result in El Yes Q No additional development, which could impact nearby downstream water quality? 3b If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy If you answered "no," provide a short narrative description 4. Sewage Disposal (DWQ Requirement) 4a 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 , Page 9 of 10 PCN Form — Version 1 4 January 2009 6. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this project occur in or near an area with federally protected species or ❑ Yes ❑X No habitat? 5b Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ❑X No impacts? 5c If yes, indicate the USFWS Field Office you have contacted - 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? City of Wilson GIS layers 6. Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? City of Wilson GIS layers 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑ No status (e g , National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b What data sources did you use to determine whether your site would impact historic or archeological resources? City of Wilson GIS layers 8. Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA - designated 100 -year floodplain? ❑ Yes Q No 8b If yes, explain how project meets FEMA requirements 8c What source(s) did you use to make the floodplain determination? City of Wilson GIS layers Daryl Norris - City of Wilson 12 -03 -2014 Applicant/Agent's Printed Name Date plicant/Agen s Signature (Agent's signature is valid only if an authorization letter from the applicant is provided Page 10 of 10 Wingate Stream Bank Stabilization PCN Attachment 3e The stream will be temporarily dammed and pumped around during construction. The eroding stream bank and the stream bed will be excavated to install gabion baskets and mattresses. The bed of the stream will be excavated and a gabion mattress of approximately 6" thick will be placed. This mattress will cover the entire stream bed and provide a base on which to stack the baskets. Then, depending on exact adjacent grade, 2 or 3 rows of gabion baskets will be stacked vertically along the now excavated bank. Then the area behind the baskets will be backfilled and seeded. No modifications are planned for neighboring properties up or down stream, or the opposing stream bank. Equipment to be used may include: backhoe, excavator, mini -ex, skid steer, etc. Bank Stabilization. Bank stabilization activities necessary for erosion prevention, provided the activity meets all of the following criteria- (a) No material is placed in excess of the minimum needed for erosion protection; (b) The activity is no more than 500 feet in length along the bank, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in minimal adverse effects; (c) The activity will not exceed an average of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark or the high tide line, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in minimal adverse effects; (d) The activity does not involve discharges of dredged or fill material into special aquatic sites, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in minimal adverse effects; (e) No material is of a type, or is placed in any location, or in any manner, that will impair surface water flow into or out of any waters of the United States, (f) No material is placed in a manner that will be eroded by normal or expected high flows (properly anchored trees and treetops may be used in low energy areas), and, (g) The activity is not a stream channelization activity This NWP also authorizes temporary structures, fills, and work necessary to construct the bank stabilization activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. Temporary fills must be removed in their entirety and the affected areas returned to pre- construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. Invasive plant species shall not be used for bioengineering or vegetative bank stabilization. -4 I ilk Im Ir oe v Ar J.