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HomeMy WebLinkAbout20071788 Ver 1_Riparian Buffer Authorization_20071023Office Use Only: USACE Action ID No. _ {If any particular I. Processing DWQ No. is not applicable to this project, please enter "Not Form Version March 05 07'9788 or "N/A".) 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: 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), check here: Q19 V LN2 Db H. Applicant Information 2 0 0 % a. 1. Owner/Applicant ln©ormati 7 DENR-WATER QUALITY Name: �R " Mailing Address: f Telephone Number: -1�9 G Fax Number:/% 771 E -mail Address: 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: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Page 5 of 12 M. 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. %`'g�9r�d 1. Name of project: ZA% 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location , County:Nearest Town: '861,(,/�f - Subdivision name (include phase/lot number): Directions_ to site (include road numbers/nam�s, landmarks, et\.): 'V J Site coordinates (For linear projects, such as a road or utility line, separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): ON 6. Property size (acres):L 7. Name of nearest receiving body of water: attach a sheet that River Basin:��. (Note — this must be one of North Carolina's seventeen designated mayor ever basins. River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and neral land use in the vicinity of the at the time of this application:_,.c�in Page 6 of 12 °W The 10. 11. Explain the purpose of the 4�'1z ze IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases a subdivision) in the past, please explain. Include the USACE Action ID Num , DWQ Project Number, pplication date, and date permits and certifications were issu or wi pravide-pliotocopies of previously issued permits, certifications or other useful information. escribe previously approved wetland, stream and buffer impacts, along with associated mitigatt (where applicable). If this is a NCDOT project, list and describe permits issued for prior se ents of the same T.I.P. project, along with construction schedules. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification forAe 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. 1. Provide a written description of the proposed impacts: Page 7 of 12 2. Individually list wetland impacts. Types of impacts flooding, include, but ditching/drainage, are not etc. limited to For dams, mechanized clearing, grading, fill, excavation, se arately list impacts due to both structure and floodin Located within Distance to Area of Wetland Impact Type of Wetland Type of Impact (e.g., forested, marsh, 100 -year Floodplain Nearest Stream Impact (acres) Site Number (indicate on map) herbaceous, bog, etc.) es/no (linear feet) 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, multi 1 len X width, then divide pa 43,564 ea of Stream Impact of impact perennial or Stream Width Length Impact Number stream Name Type Intermittent? Before Im act linear feet acres ndicate on m Total stream Impact (by length and acreage) 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, dred in , floodin , drainage, bulkheads, etc. Area of Type of Waterbody Open Water Impact Name of Waterbody T of Impact (lake, pond, estuary, sound, baY� Impact Site Number (if applicable) Type P ocean, etc. (acres Total Open Water Impact (acres) Page 8 of 12 6. List tl 1..*;— *n aii WatPrc of the II -S. resulting from the proiect: 119 - Stream Impact (acres): Wetland impact (acres): open Water Impact (acres): Total Im act to Waters of the U.S. acres Total Stream impact (linear feet 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. 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. Page 9 of 12 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/ncwetiands/stn-ngide.htmi. 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. 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, checkpthe 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 of Non -riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 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`a 3. If yes, has the document review been finalized by the State Clearinghouse? so, please attach a copy of the NEPA or SEPA final approval letter. Yes ❑ No)A� 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. I. 2. Will the pro .ect im act ted riparian buffers identified within 15A NCAC 2B .0233 euse , -, NCAC 2B .0259 ar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC tjN—aneman RMS and Water S pply Buffer Requirements), or other (please identify )? Yes No ❑ 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. * Zone I extends out 30 feet owar from the top o e additional 20 feet from the edge of Zone 1. extends an 3. If buffer mitigation is r uired, please discuss what a of mitigation is ro Donation of Pro Ri arian Buffer Restoration / Enhancement, r Paymen n1e,...e-*+...i, all annrnnriate information as or .6244, or .0260. Page 11 of 12 Impact Required Zone* care feet Multiplier Mitigation 1 3 (2 for Catawba) `- l.sal EE2 ` f� -.,.1.x..4 „f rhannP • 7nne 2 * Zone I extends out 30 feet owar from the top o e additional 20 feet from the edge of Zone 1. extends an 3. If buffer mitigation is r uired, please discuss what a of mitigation is ro Donation of Pro Ri arian Buffer Restoration / Enhancement, r Paymen n1e,...e-*+...i, all annrnnriate information as or .6244, or .0260. Page 11 of 12 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. 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. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules? Yes ❑ No P_ 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 add* ional development, which could impact nearby downstream water quality? Yes ❑ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accor with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.ne.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). i-,- 4_7— a Applicant/Agent's Signature La•G (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 OF WArF9 Q Michael F. Easley �O G Governor fWilliam G. Ross, Jr., Secretary O Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality September 22, 2006 MEMORANDUM RE, DWQ's stance on wooden -slatted decks and associated wooden -slatted steps within the Neuse and Tar -Pamlico Protected Riparian Buffers Problem: it has been brought to DWQ's attention that wooden -slatted decks and associated steps in either zone of the protected riparian buffers has only been addressed in the definitions under 15A NCAC 028.0202(13), where wooden -slatted decks are considered pervious. However, DWQ has concerns that not all wooden -slatted decks are high enough to allow for adequate sunlight and moisture to penetrate them to ensure that Zones 1 and 2 of the buffers are continuing to be maintained in vegetation as required in 15 NCAC 26.0233(4) and 15NCAC 28.0259(4). Solution: Provided that minimal vegetation is removed from Zone 2 and no vegetation is removed from Zonal during the installation of the deck, if the deck is at least 8 feet (ft) in height to allow for adequate sunlight and moisture for maintaining vegetation beneath it and that it meets the requirements of diffuse flow and having a Zone 1 and Zone 2 of the buffers, then decks (and associated steps) would be allowable in Zones 1 and 2 of the protected riparian buffers. However, if the deck does not meet any of the requirements listed above, it would be considered allowable with mitigation in Zone 2, but prohibited in Zone 1 of the protected riparian buffers. Please note. If the dd@ck is built within one of the 20 Coastal Counties that meets the criteria for the General Coastal Major Variance, thi e m does not apply. 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