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HomeMy WebLinkAbout20150212 Ver 1_401 Application_20150215Lief Erickson 215 Whitehall Way Cary, NC 27511 February 18, 2015 Karen Higgins NCDWR — 401 & Buffer permitting Unit 1617 Mail Service Center Raleigh, NC 27699 -1617 Dear Karen Higgins- Please review and permit the creek bank stabilization for the property described in the enclosed documents If you find required modifications, please let me know Included are 4 copies of the PNC and 4 copies of the work description and a map of the location of the work request. I am awaiting your permitting letter Sincerely, Lief Erickson Home Owner of WArg9 0 o� Office Use Only o< 2 5 0 2 1 2 Corps action ID no DWQ proie�c�o Form Versiod ec�O 2008 Page 1 of 11 PCN Form — Version 1 3 December 10, 2008 Version Pre - Construction Notification (PCN) Form A Applicant Information 1 Processing la Type(s) of approval sought from the Corps TED Section 404 Permit El Section 10 Permit 1b Specify Nationwide Permit (NWP) number 3 or General Permit (GP) number SAW- 2014 -02122 1c Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1d Type(s) of approval sought from the DWQ (check all that apply) ❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit [:1401 Water Quality Certification — Express ❑ Riparian Buffer Authorization le Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification ❑ Yes ® No For the record only for Corps Permit ❑ 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 ® No 1g Is the project located in any of NC's twenty coastal counties If yes, answer 1 h below ❑ Yes ® No 1h Is the project located within a NC DCM Area of Environmental Concern (AEC)? El Yes No 2. Project Information 2a Name of project 215 Whitehall Way Scour hole fill 2b County Wake 2c Nearest municipality / town Town Of Cary 2d Subdivision name Walnut Ridge 2e NCDOT only, T I P or state project no 3. Owner Information 3a Name(s) on Recorded Deed Lief Erickson - 3b Deed Book and Page No Book 009170 page 00816 n/a UU FEB 2 3c Responsible Party (for LLC if applicable) 3d Street address 215 Whitehall Way 3e City, state, zip Cary, NC 27511 401 & gIWATER RESOURCES 3f Telephone no 919 - 463 -9822 3g Fax no N/A 3h Email address leenckso @yahoo com Page 1 of 11 PCN Form — Version 1 3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a Applicant is ❑ Agent ❑ Other, specify 4b Name 4c Business name (if applicable) 4d Street address 4e City, state, zip 4f Telephone no 4g Fax no 4h Email address 5 Agent/Consultant Information (if applicable) 5a Name 5b Business name (if applicable) 5c Street address 5d City, state, zip 5e Telephone no 5f Fax no 5g Email address Page 2 of 11 B Project Information and Prior Project History 1. Property Identification 1a Property identification no (tax PIN or parcel ID) Pin 0773458226 000 1 b Site coordinates (in decimal degrees) Latitude Longitude - (35 7700) (-787479) 1c Property size 1 /3rd acres 2 Surface Waters 2a Name of nearest body of water (stream, river, etc ) to Nuse proposed project 2b Water Quality Classification of nearest receiving water 2c River basin map is available at http //h2o enr state nc us /adman /maps/ 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 The Area to be stabilized is the stream bank adjacent to the scour hole from the water exiting the culvert under Whitehall Way and focused by the cement trough to the scour hole This stabilization would protect the existing concrete channel, dissipate energy from fast moving water exiting the channel, and stabilize the stream at the outlet of the concrete channel 3b List the total estimated acreage of all existing wetlands on the property 0 0091 acres 400 sq feet 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 40 feet 3d Explain the purpose of the proposed project To rebuild the stream bank and to help guide the natural flow of water downstream, protect the existing concrete channel, dissipate energy from fast moving water exiting the channel, and stabilize the stream at the outlet of the concrete channel 3e Describe the overall project in detail, including the type of equipment to be used The hole is 12ftx40feet and about 7feet high This area is not included in the creek bed but does stabilize the creek bank The goal is to replace the stream bank with rip rap 2 or more (20 -35 cu yds) Loads of class 2 rip rap will be placed to build a creek bank and would protect the existing concrete channel, dissipate energy from fast moving water exiting the channel, and stabilize the stream at the outlet of the concrete channel This will be up to 4 feet high maintaining a 3 1 bank ratio Extreme care will be taken to fortify this creek bank to ensure reduced future destruction The area is small and will be built by hand, the finishing may be done with a farm tractor (7740) with a frontend loader and rake Page 3 of 11 PCN Form — Version 1 3 December 10, 2008 Version 4 Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / El Yes F1 No El Unknown project (including all prior phases) in the pasty Comments 4b If the Corps made the jurisdictional determination, what type ❑ Preliminary ❑ Final of determination was made? 4c If yes, who delineated the jurisdictional areas? Agency /Consultant Company NCDENR Name (if known) Martin Richmond 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 ❑ Yes ® No ❑ Unknown this project (including all prior phases) in the past? 5b If yes, explain in detail according to "help file" instructions 6 Future Project Plans 6a Is this a phased project? ❑ Yes ® No 6b If yes, explain Page 4 of 11 C. Proposed Impacts Inventory 1. Impacts Summary la Which sections were completed below for your project (check all that apply) ❑ Wetlands ❑ Streams - tributaries ❑ 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 2b 2c 2d 2e 2f Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P FIT ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 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 3b 3c 3d 3e 3f 3g Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ® T fill nuse ® PER ❑ INT ® Corps ❑ DWQ g 40 S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h Total stream and tributary impacts 31 Comments No Impacts Page 5 of 11 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 4b 4c 4d 4e Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f Total open water impacts 4g Comments No Impacts 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below 5a 5b 5c 5d 5e Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g Comments No Pond or lake Construction 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 you MUST fill out Section D of this form 6a ❑ Neuse ❑ Tar - Pamlico ❑ Other Project is in which protected basin? ❑ Catawba ❑ Randleman 6b 6c 6d 6e 6f 6g Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? 61 [:1 PDT El Yes ❑ No B2 ❑P ❑T El Yes ❑ No B3 ❑ P ❑ T ❑ Yes ❑ No 6h Total buffer impacts 61 Comments No Buffer Impacts Page 6 of 11 D. Impact Justification and Mitigation 1 Avoidance and Minimization 1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project This is a simple scour hole fill project, nothing is impacted b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques The fill will be hand placed, to ensure no inpacts 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 ® 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 projects ❑ Mitigation bank [:1 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 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 ❑ warm ❑ cool ❑cold 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 Page 7 of 11 PCN Form —Version 1 3 December 10, 2008 Version 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 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 mitigations If yes, you will have to fill out this entire form — please contact the State for more information ❑ Yes ❑ 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 8 of 11 E Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b If yes, then is a diffuse flow plan included? If no, explain why ❑ Yes El No Comments 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 ® No 2c If this project DOES NOT require a Stormwater Management Plan, explain why Simple fill scoured hole 2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan ❑ Certified Local Government 2e Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3 Certified Local Government Stormwater Review 3a In which local government's jurisdiction is this project? Town of Cary ❑ Phase II 3b Which of the following locally - implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ® Other None 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 none 4b Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ® No 5. 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? ❑ Yes ❑ No Page 9 of 11 PCN Form — Version 1 3 December 10, 2008 Version F Supplementary Information 1. Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ® No use of public (federal /state) land? 1 b 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 ❑ 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 letter ) ❑ Yes ❑ No 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 ® No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this an after - the -fact permit application? ❑ Yes ® 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 ❑ Yes ® 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 None Page 10 of 11 PCN Form — Version 1 3 December 10, 2008 Version S. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? E] Raleigh 5c If yes, indicate the USFWS Field Office you have contacted ❑ Asheville 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Review of the small 12feetx40foot area, no animals live there 6. Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitats ❑ Yes ® No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? Review of construction site 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? Review of construction site, only replacing missing soil of scour hole 8. Flood Zone Designation JCorps Requirement) 8a Will this project occur in a FEMA - designated 100 -year floodplaiM ❑ Yes ® No 8b If yes, explain4iow project meets FEMA requirements 8c What source(s) did you use to make the floodplain determination? NCDENR review of area Lief Erickson Jan 4, 2015 Applicant/Agent's Printed Name Date Applicant/Agents Signature (Agent's signature is valid only if an authorization letter from the applicant is provided Page 11 of 11 Location Sheet 1 of 3 1/4/2015 : WFiit l _on n or, i he creek-line 3 o 1 banaiio o n � . Pill - area Creek barYk 40 -long and a 12'x4' - right triangle. F •�, Ak -a-w, - .. `' _ .:. ,✓•• -� _ -!''- s=in`.' f -�.i^� • • �'�• ' , �'•' 7ij .r ... 'op tea sly.. `�'-•:T- - -�r. \si -, < =�" • , '� Side View A Stream side 12 feet Side view A Bank side Stream side Bank side 4 feet 6O 4' illed with Class 1 and 2 riprap Sheet 3 of 3 Tree location 1/4/2015