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HomeMy WebLinkAbout20071042 Ver 2_401 Application_2007110707- ~a~~ ~~ B Baldwin & Associates 1015 Conference Drive A Greenville, NC 27858 H (252) 756-1390 To: NC Division of Water Quality 1650 Mail Service Center Date: Job No: 20-Nov-07 02 -ZS 9 Attention: NC Division of Water Quality Re: Arden Ridge -Sec 3; Pre-Construction Notification Raleigh, NC 27699-1650 We are sending you: X^ Attached ~ Under separate cover via Drawings X^ Plans ~ Prints ~ Samples X^ Letter ~ Other 7 7 7 7 7 7 Riparian Buffer Impact and Restoration Plan Cover Letter Pre-Construction Notifictation Application Form USGS Vicinity Map Soil Survey Vicinity Map Letter from DWQ Washington Regional Office; Notice of Violation RGV 2 ~ Z007 t)ENR - tNAI Fk i1JALl`tY ',-;~pyNl}g ANO STOfiFAlN,ATER BRANCH Transmitted as checked below: For approval For your use As requested XO For review Remarks: Approved as noted Resubmit copies for approval Approved as submitted Submit copies for distribution Returned for corrections Return corrected prints Other To Whom It May Concern: Please find the attached information for your review of the riparian buffer violations and restoration plan for this project. Feel free to call if you have any questions at 252.756.1390. Copy to: file the following: Specifications Signed: ~~__ --7~M~thew Williams If enclosures are not as noted, kindly notify uS at Once. F:1_engineering projectslArden RidgelSection 31Transmittal-PCN-Raleigh-11-20-07 A 0 and ASSOCIATES ENGINEERING, SURVEYING & PLANNING NC Division of Water Quality 401/Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 November 20, 2007 REF: Arden Ridge -Section 3 Pitt County Pre-Construction Notification To Whom It May Concern: Michael W. Baldwin, PLS J.S. Janowski, PE p~- ~o~ra- ~~ The purpose of this cover letter is to inform you that this application for apre-construction notification for the subject project is only for approval of Buffer Rules, and that the application fee does not apply. Some remedial action for the impacts have already been completed, including cleaning out fill to an intermittent stream, re-establishing slopes, and re-vegetating impacted areas. I hope the information provided accompanying this letter will prove sufficient in the review of this project. If you should have any questions or should need additional information, please feel free to call our office. Respectfully, i~~~--lr~~N-~- Matthew D. Williams, EI ~,~ uV~`~`r0'~ ~~rH Yom' 1015 Conference Drive ^ Greenville, North Carolina 27858 ^ 252-756-1390 ^ Fax: 252-321-1412 Email: admin@baldwinandassociatesnc.com Q?- I D~f~- v~- Office Use Only: Form Version March OS USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing Check all of the approval(s) requested for this roject: ^ 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: ^ ~~~~~~~ ~ II. Applicant Information t~ Owner/Applicant Information Pi.~v~~2007 Name: Bristolmoor LLC -K ~.u~urr Mailing Address: P.O. Box 336 v~n~o?~~sTCx?~nN~, Winterville, NC 28590 Telephone Number: (252) 413-9090 Fax Number: 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: Baldwin and Associates Company Affiliation: Mailing Address: 1015 Conference Drive Greenville, NC 27858 Telephone Number: (252 75) 6-1390 Fax Number: (252) 321-1412 E-mail Address: Updated 11/1/2005 Page 5 of 12 III. 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. 1. Name of project: Arden RidPe -Section 3 2. T.LP. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): Formerly # 41152 and # 56138 4. Location County: Pitt Nearest Town: Simpson Subdivision name (include phase/lot number): Arden Ridae -Section 3 Directions to site (include road numbers/names, landmarks, etc.): Go east on Hi hway 33 out of Greenville, turn right onto Tucker Road then ~o approximately one third of a mile and project site is on the left. 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): 35.5815 °N 77.2692 °W 6. Property size (acres): 33.330 7. Name of nearest receiving body of water: Phillippi Branch 8. River Basin: Tar-Pamlico (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.erlr.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: The project site is currently developed for residential lots And the land in the project vicinity is residential development Updated 11/1/2005 Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: This project is the development of 33.33 acres for 25 residential lots. General excavation and ~radin~ equipment will be used. 11. Explain the purpose of the proposed work: The purpose of this project is to develop 33.33 acres of land for residential lots, including the construction of associated streets and utilities 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 USAGE 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. A notice of violation for unauthorized impacts to riparian buffers subject to the Tar-Pamlico River Buffer Rules and recommendation for enforcement was made by Kee Barnes and Al Horde of the Washin tog n Res;ional Office of the NC Division of Water Quality on March 13, 2007. 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. No. 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: Temporar fy filling of 30 linear feet of intermittent stream (in Impact Area 3 on plan). Some remedial action has already been completed. Fill has been cleaned out, original slope re-established and area re-vegetated Updated 11/1/2005 Page 7 of 12 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 Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain (yes/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: 1.16 acres 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 Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Length (linear feet) Area of Impact (acres) 3 Tributary to Phillippi Br Fill Intermittent 14 30 0.010 Total Stream Impact (by length and acreage) 30 0.010 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 [mpact (acres) Updated 11/1/2005 Page 8 of 12 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.010 Wetland Impact (acres): 0.000 Open Water Impact (acres): 0.000 Total Impact to Waters of the U.S. (acres) 0.010 Total Stream Impact (linear feet): 30.00 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., dar>s/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: watering, irrigation, aesthetic, trout pond, VII. Impact Justification (Avoidance and Minimization) Expected pond surface area: 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. The impacts to the buffers (as detailed in Section X below) were discovered after the development of the site. This is an after-the-fact permit application 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. Updated 11/1/2005 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 (see DWQ website for most current version.). 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, check the NCEEP website at http://www.nceep.net/pales/inlieureplace.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 12 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/sta 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 Su ply Buffer Requirements), or other (please identify )? Yes [V]~ 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. Zone* Impact Multiplier Required (square feed Mitieation ~ l ~ 2670 (0.061 acre) ~ 3 (2 for Catawba) ~ ~ 2 3510 (0.081 acre) 1.5 Total 6180 (0.142 acre) * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additiona120 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 15A NCAC 2B .0242 or .0244, or .0260. Mitigation is not required. Some remedial action has already been completed, includine cleaning out fill in intermittent stream. Proposed on-site restoration of impact area 3 involves re-ve~etatin t~pacted areas, and preventing non-diffuse flow into the buffers by routing draina e~gh new swales and a new culvert to the north side of Philippi Circle and then into an existing culvert. Updated 11/1/2005 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. Total site acreage is 33.33 acres. There is no impervious area pre-development. Post-development impervious area is 6.37 acres, making_the post-developed site 19.11 % impervious. 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. On-site septic systems provide the sewage treatment and disposal for this site. XIII. Violations (required by DWQ) Is this site in vi lation 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://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Additional development is anticipated, however this is private residential subdivision development. 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). Ap licant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updated 11/1/2005 Page 12 of 12 TerraServer Image Courtesy of the USGS Page I of l Send To Printer ~ ,~ Back To TerraServer Change to 11x17 Print Size Show Grid Lines Change to Landscape Image courtesy of the U.S. Geological Survey ~c7 2004 Microsoft Corporation. Terms of Use Privacy Statement ~;G; n;ky r~~,~ P2o~EG-(: /~.~de~n ~;c19e -Sec-l-ien ~ http://terraserver.microsoft.com/PrintImage.aspx?T=2&S=I2&Z=18&X=368&Y=4924&W=2&q... I ]/6/2007 0' '.5Krr~ 0' '.[SF~9i f ~~r 4;~~1~r~ ~ ~~, r~~ ~~ s~ ~,P ~ ; ~, ~ . €~a ~,~ ' ~~ e f'~E ,_''~ i ~, ~ ~=: ~w