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
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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
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