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.
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