HomeMy WebLinkAbout20061627 Ver 1_More Info Received_20061206o~-i~a'1
APPALACHIAN ENVIRONMENTAL SERVICES
LAND £~ WATER ~ DESIGN £~ BUILD
November 22, 2006
Kevin Barnett
NCDENR Division of Water Quality
2090 US Highway 70
Swannanoa, NC 28778
Dear Mr. Barnett,
Enclosed please find the most recent revision to the PCN application with maps and site
plan as requested in your November 6 request of additional information. This revision
should replace any other received PCN's or correspondence.
If you have any questions or require more information, I may be telephoned at 828-586-
1973 Ext. 303.
Sincerely,
~~~-/
Joe Deal, EI
Project Manager
cc: Dave Baker, USACE
'~ Cyndi Karoly, DWQ Central Office
David McHenry, NC WRC
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367 Smtts Creek Road Sylva, NC 28779
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Office Use Only: Form Version March OS
USAGE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP #39
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: ^
If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
Owner/Applicant Information
Name: South Barnabas Development Companv. John Mark Ewer. PE
Mailing Address:_404 Eager Road,
Valdosta, GA 31602
Telephone Number: 229-563-7561 Fax Number:
E-mail Address: jmeager(a~mailboxclub.org
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: Joe Deal
Company Affiliation: Appalachian Environmental Services
Mailing Address: 367 Scotts Creek Road
Sylva, NC 28779
Telephone Number: 828-586-1973 Fax Number: 828-631-0343
E-mail Address: joe.deal(a~Appalachianenvironment.com
III. Project Information
Updated 11/1/2005
Page 5 of 13
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: South Barnabas Development
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):7538-64-6061, 7538-64-2665, 7538-74-0880,
7538-84-6267
4. Location
County: Jackson Nearest Town: Sylva
Subdivision name (include phase/lot number): South Barnabas
Directions to site (include road numbers/names, landmarks, etc.): From 441 in Savannah,
Turn onto East Fork Road. Go approximately 3 miles on East Fork Road. The propert. i
the right, and Middle Ridge Road runs North South throu • hg the property.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35°16'23.12" °N 83°13'53.81" °W
6. Property size (acres): 1.0, 10, 10, 155.9, sum = 176.9
7. Name of nearest receiving body of water: East Fork of Savannah Creek
8. River Basin: Little Tennessee
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.em-.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Presently the site is forest. Middle Ridge Road bisects the
property. Middle Ridge is an open non-DOT maintained road that has been rarely used in
recent history, although this road is used by the USFS to access Federal land south of the
project. Other roads present on the site were once used for to ing or mining. There is an
abandoned mica mine on site.
Updated 11 /1 /2005
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used:
Two existing stream fords will be replaced by permanent stream crossings (bridg_es~
Three additional stream crossings (two culverts & one bridge) will be installed to access
other areas of the site
Proper Erosion Control measures, including silt fence, rock check dams temporary and
permanent vegetation, will be installed as needed.
Seven house sites are proposed within the project area. All proposed house sites will be
located a minimum of 100' from any stream and a minimum 30' from property boundaries.
Equipment used will be a trackhoe, bulldozer and/or hand tools.
11. Explain the purpose of the proposed work: The purpose of the proposed work is to install 5
stream crossing for vehicular passage and access to homesites.
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. n/a
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
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 7 of 13
1. Provide a written description of the proposed impacts: Two existing stream fords will
be replaced b~permanent stream crossings (budges). Three additional stream crossing two
culverts and one brid e are ro osed to access other areas of the site.
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 Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map)
herbaceous, bog, etc.) Floodplain Stream (acres)
es/no linear feet
Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: n/
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 by 43,560.
Stream Impact
Type of
Perennial or Average Impact Area of
Number Stream Name
Impact
Intermittent? Stream Width Len th
g Im act
p
(indicate on ma Before Im act (linea
feet (ac
res
Stream Crossing 1 E. Fork Savannah Creek Bridge Perennial 4.5' 12 0.001
Stream Crossing 2 E. Fork Savannah Creek Bridge Perennial 5' 12 0.001
Stream Crossing 3 Un-named Trib to E.
Culvert
Perennial 2'
25
0
0026
Fork Savannah Creek .
Stream Crossing 4 E. Fork Savannah Creek Bridge Perennial 6' 12 0.001
Stream Crossing 5 Un-named Trib to E. Culvert Perennial 3 25 0
0017
Fork Savannah Creek .
Total Stream Impact (by length and acreage) 86 0.008
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
indicate on ma
Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres
Total Open Water Impact (acres)
Updated 11/1/2005
Page 8 of 13
6. List th
e cumulative impact to all Waters of the U.S. resulting from the project
Stream Impact (acres): 0.008
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet): 86
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 maybe 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. Measures taken to avoid and
minimize impacts include:
All stream crossings were kept to a minimal size and length in order to minimize impacts upon
the stream. Three bridges will be used to minimize stream impacts.
Alternative designs and/or site layouts are constrained b~opo~raphy The site is ver.~p in
man places, and building roads in other locations would be infeasible.
Updated 11/1/2005
Page 9 of 13
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, available at
http://h2o.enr.state. nc.us/ncwetlands/strmgi de.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
n/a
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Updated 11/1/2005
Page 10 of 13
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 Required
Zone ~~,,,,,,.p f Atl Multiplier r~.+;~~+;~~
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.
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 1 SA NCAC 2B .0242 or .0244, or .0260.
Updated 11/1/2005
Page 11 of I3
~•
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. Existing impervious acreage is 0.0 acres.
Proposed impervious acreage is 0.51 acres. The proposed impervious surface is 1.3% of the total
site area.
An approved erosion and sediment control permit has been issued by Jackson County for all
work outside of streams and buffers with approval within stream buffers pending 401/404
certification. All up;;raded/new roads will be graded and gaveled. Runoff will be conve. e
ditches. Ditches shall be grasslined or rip rap lined in steep areas. Check dams will be installed
in ditches to slow Stormwater, and catch sediment before entering culverts. Culverts will be
installed to convey Stormwater away from roads. Inlet and outlet protection on all culverts will
be provided to increase energ~pation and prevent scour.
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.
Each house site will have a septic tank and drain field.
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 ^ 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://1~2o.cnr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
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
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Updated 11/1/2005
Page 12 of 13
/~/~~i~~
~~~ November 22 2006
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/l/2005
Page 13 of 13