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HomeMy WebLinkAbout20072017 Ver 1_401 Application_20071207S~G~ Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, North Carolina 28412 910.452.2711 (office) • 910.452.2899 (fax) Date: November 29, 2007 To: Ms. Cyndi Karoly Of: DWQ Attached you will find:* 07-207 ~ ,,~: '+r "r. SEGi Project #: 06-214.01 Client Name; Muriel Wilson USACOE Action ID#: Transmittal Letter ~ - 2001 D~YG ~ - [)Ehllt - YV~TC~F~ t~Ul~~i'1'Y 6,3}1r7lAND3 RI"t4 5T~?4?~^!.f ~ Bf2~8 ^ Proposal ^ Sketch(es) ^ Permit ^ Signed Wetland Map ^ Photo(s) ^ JD Package ^ Report(s) ^ Plans ^ Information Request ®Other Copies Dated Description 5 11/06/07 PCN 44 application *If noted items are NOT attached, please contact our office. These are being delivered: ® For your Review/Comment ^ For your Records ^ Returned for Correction(s) ^ Corrected and Returned ^ For your Signature ^ As Requested ^ Other: By: ^ Hand Delivery ^ Fed-Ex ^ UPS ®Regular Mail ^ Other Notes: Cyndi: Please reference attached "return of application package" dated 27 November 2007. In reviewing the appliation, it appears that the latest PCN form was submitted to your office. The discrepency that led to confusion was that the "form version" reference was never changed in our template files. We apologize, and have fixed the oversight on our end. I went into each individual package and whited-out the reference to the 2002 form. The application is formatted to the most recent version. Please review the attached application package at your earliest convenience and let me know if you need any additional information. Thank you for your time. Signature and (Typed) Name: ~~~..J Date: 11/30/2007 W ATF ROG p~pF Michael F. Easley, Governor ~ ,r, William G. Ross Jr., Secretary r- ~~~ North Carolina Department of Environment and Natural Resources W~ L ~ ` -I p ^~ Coleen H. Sullins, Director Division of Water Quality November 27, 2007 Brunswick County DWQ #: Not Assigned CERTIFIED MAIL: RETURN RECEIPT REQUESTED Southern Environmental Group, Inc. n ;,~ ~ ~ Q ~~ ~~, Attn: Amanda Kolb (; u' ~ t - z9 , o~ 5315 South College Road Ste E ~` Wilmington, North Carolina 28412 ® RETURN OF APPLICATION PACKAGE for Wilson RPW Relocation Project Dear Ms. Kolb: On November 27, 2007, the Division of Water Quality (DWQ) received a PCN dated November 6, 2007 for the above referenced project. Additional Information Requested: ® Please resubmit five (5) copies of your information on the most current March 2005 Pre- Construction Notification form. You can download this format the following web address: http://h2o.enr.state.nc.us/ncwetlands/regcerthtml Should this submission be in response to a received notice of violation please understand that a full application package submission and fee are required. Any NOV settlement does not waive the fee required to receive a 401 Water Quality Certification. Please call Mr. Ian McMillan or me at 919-733- 1786 if you'd like to discuss and receive assistance for completing the permitting,~pplication. Sincerely, yndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBK/jd D ~~~I~~~ U Enclosures: A lication acka e dated November 11 2007 ~1 pP P g Check # 4057 for $240 p~_C ~ . 2001 cc: Chad Coburn, DWQ Wilmington Regional Office urr;+~ . ;rvA1 F~ twgLi'iY USACE Wilmington Regulatory Field Office v~Er!l~tl?~At~DSTOf?~'!l."TER BRANCH Mr. & Mrs. Ronald Wilson, 7570 Rabbit Bay Rd., Ash, NC 28420 File Copy + check copy Filename: WilsonRPWRelocationProject(Brunswick)_ApplRetu 401 OversighVExpress Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 /Internet: http://h2o.encstate.nc.us/ncwetlands NorthCarolina ,Natur~rlly An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper ~~~~ Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, North Carolina 28412 910.452.2711 (office) • 910.452.2899 (fax) Date: November 07, 2007 Transmittal Letter SEGi Project #: -06-214.01 Clierit Name: Muriel Wilson U5AC0~ Action ID#: N/A i =~ ~ ~~ ~ ~~?~~ l ~t ntJy E ~ ~ ~~~( OFiVR - V'1A7'~R C~t~'tL11`i~ ~k?lAND3,~sp STO!?,y±.vgT€F~ 3RFV~JCHf To: Mr. Ian McMillan Of: 401 Oversight Express Review Permitting Unit Attached you will find:* ^ Proposal ^ Sketch(es) ^ JD Package ^ Report(s) ® Permit ^ Signed Wetland Map ^ Photo(s) ^ Plans ^ Information Request ^ Other Copies Dated Description 6 11/06/07 PCN 44 application for Muriel Wilson's Property in Ash, Brunswick Co 1 11/07/07 $240 filing fee These are being delivered: Q For your Review/Comment ^ Corrected and Returned ^ Other: By: ®Hand Delivery ^ Fed-Ex ^ UPS ^ Regular Mail ^ Other Notes: Ian Attached are 6 copies of the PCN 44 application for Muriel Wilson's property in Ash, Waccamaw Township, Brunswick County. The 7th copy was hand-delivered to Joanne Steenhuis in the Wilmington Regional Office. Please review the attached documentation and feel free to contact me if you have any questions or concerns, 910.452.2711. Thank you for your time & consideration. ~~~~ ~~~ ~~~ Signature and (Typed) Nam V '' ~,V ~O_._ ~/) ~(~L~~~.J Uts _ ~ (Amanda L. Kolb) G;:C 3 ~pa7 Date: 11/07/07 ~~: 1,'41 ~ ~ a.,,~, ~ ti. >+yETihpyU;St~;tUf,70fr~i a°~~:, .,,,;~DFM *If noted items are NOT attached, please contact our office. ^ For your Records ^ Returned for Correction(s) ^ For your Signature ^ As Requested out errs ~r~viror~men~a~ ~rou ,inc. 5315 South Co~~e~e Road, cjuite ~ • ,/`/i~min~ton, (~lorth Caro~ina 2841 2 910.452.271 1 ~ax: 910.452.2899 o{~ice@se~i.us www.se~i.us November 06, 2007 Hand Delivery Ms. Joanne Steenhuis Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Proposed RPW Relocation Rabbit Bay Road Ash, Brunswick County NWP # 44 Dear Ms. Steenhis: ~s ~~ f~QV ~ 2007 wpr~r~ qua,! E-c~ ;1 ~~a s~;~n~~uarr-_~ er~n~:i~ D j '1 ZOO7 ~SEGi Project #: 06-214.01] G~:C 3 C)~r:k - WATER C2~JA! -~~Y y~npPID31~dD 5T:)FthR;"1~.1'~t BRAPICN Southern Environmental Group, Inc. (SEGi) has been retained by Mr. Ronald M. & Mrs. Sandra K. Wilson, herein referred to as the "Applicants," to pursue Department of the Army approval to impact 0.20 acre of a relatively permanent water (RPW). The project site is located at the terminus of Rabbit Bay Road in Ash, Waccamaw Township, in Brunswick County, North Carolina. It is the Applicants' desire to establish a sand mining operation on their properties. In order to accomplish their goal, 0.20 acre of RPW will need to be relocated. Currently, the RPW bisects the Applicants' two properties, almost directly down the center. The proposed relocation would move the RPW from its current location to the western property boundary. In doing so, the Applicant will be able to utilize the remaining land to excavate and construct the sand mine (mining permit applied for by Tripp Engineering on 22 June 2007). The relocation of the ditch will take place by excavating an open-faced ditch along the western property boundary. The proposed ditch will serve the same purpose as the existing one, diverting stormwater to a run of Caw Caw Swamp, but the functionality of the feature is expected to increase. Proposed reconfigurations to the relocated RPW include: gentler side slopes (3:1 proposed versus 1:1 existing); a wider open face (to allow stormwater to sheetflow into the feature at a lower velocity); and, the run of the proposed RPW will be grassed (to increase filtration of the stormwater running through it). The relocated ditch will have a depth of five feet, and will have a length of 0.22 acre. SEGO Impact Number.-~- { I 1_ Total Type Relocation Type of Feature ~ RPW f 1 1 .'. Area (ae) 0.20 0.20 While the proposed impact will effect the entire feature, the relocated feature will have increased functionality. The current RPW is deeply incised, effectively channelizing water from the agricultural fields to the run of Caw Caw Swamp. The relocated RPW, with a wider open-face, grassed banks and gentler slopes will allow stormwater to sheetflow at lower velocities, filtering out sediments and other pollutants prior to reaching Caw Caw Swamp. In addition, the relocated feature will effectively negate the impact to the existing feature, as it will be replacing more than what was impacted and should be considered a "no net loss" of wetlands. The Applicant is making every effort to ensure that the functions of the RPW are recreated to a level that exceeds current conditions. For clarification and verification of the statements made above, please refer to the following documentation attached to this correspondence: Attachment 1. Attachment 2. Attachment 3. Attachment 4. Attachment 5. Attachment 6. Attachment 7. Attachment 8. Attachment 9. Pre-Construction Notification Overall Impact Map Cross Section of Existing RPW Cross Section of Proposed Relocated RPW Wetland Boundary Survey Vicinity Maps (2 scales) Aerial Photograph Property Owner Tax Information Letter of Agency At this time, SEGi is requesting the review and processing of the attached permit application for authorization to utilize the Nationwide Permit 44 for the proposed activity. Should you have any questions, concerns, or comments, feel free to contact me at 910.452.2711. Thank you in advance for your assistance with this project. Sincerely, i~~~ Amanda L. Kolb Environmental Consultant cc: Ian McMillan (401 Oversight /Express Review Permitting Unit) 07-2017 Office Use Only: USACE Action ID No. DWQ No. _ ------ _ If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I: II. Processing 1. Check all of the approval(s) requested for this project: OD Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ~ 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 44 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: ^ Applicant Information 1. Owner/Applicant Information ~ ~ ~~ ~~~ !~ E ~' Name: Ronald M. & Sandra K. Wilson ~ -' Mailing Address: _7570 Rabbit Ba~Rd. P i~ V ~ i ZOO l Ash. NC 28420 n~r~~ - v~Ar~R cwA~.r~Y ;~uwos AAA ~r~r~,~aj~ aw~,c~ Telephone Number: 910.540.2690 Fax Number: N/A E-mail Address: N/A 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: Ms. Amanda Kolb Company Affiliation: Southern Environmental GroyQ, Inc Mailing Address: 5315 S. College Rd. Suite E Wilmington, North Carolina 28412 Telephone Number: 910.452.2711 Fax Number: 910.452.2899 (~ ~~7 E-mail Address: amandana,segi.us ~ ~ ~ `•`~'-~ ~ ~ ~:~! C~~C3~'1001 ~~NK - ~NAI.~.~ GWALI Il° W~'lAND3 AND STORMNu~ i~#? 9RANCH Page 1 of 11 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: Wilson RPW Relocation Proiect 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 19400021 & 19400022 4. Location County: Brunswick (#10~ Nearest Town: Ash Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Follow US-17 S out of Wilmington, towards Shallotte/Myrtle Beach,past Shallotte Take a right onto Longwood Road NW/NC-904. Take a left onto Rabbit Bav Road and follow until the terminus. 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): 33.9768°N 78.5340°W 6. Property size (acres): _62 acres (2,700,720 square feet 7. Nearest body of water (stream/river/sound/ocean/lake): Caw Caw Swamn 8. River Basin: Lower Cape Fear (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.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: Tract 1 (PID 19400021) is a completely wooded parcel, with a large. man-made feature bisecting it through the center. It appears this feature was used as a means of diverting Page 2 of 11 stormwater from the adjacent agricultural fields Tract 1 has a large canopy of Pinus taeda and Liauidambar styraciflua and appears to remain in its natural unaltered state Tract 2 (PID 19400022) consists maim of agricultural fields with a heavily wooded area found along the western property boundary. adjacent to the jurisdictional feature Again, this feature bisects the property, and appears to serve the purpose of moving stormwater away from the agricultural fields Jurisdictiona1404 wetlands do not exist on either site, though the feature itself has been classified by the United States Armv Corps of Engineers as a "relatively_permanent water" (RPW). While the Corps considers the feature a RPW the Division of Water Quality (DWO) has classified the feature as a "water of the State " Properties that surround the subject parcels are predominately wooded or agricultural in nature. The properties are located in a relatively rural section of Brunswick County, where the general land use is mainly agriculturaUruraUcultivated fields Farm fields surround the project site, and a run of Caw Caw Swamp can be found along the northern property boundary of Tract 1 10. Describe the overall project in detail, including the type of equipment to be used: The proposed project calls for the relocation of the existing RPW from the center of the two properties. to the western property boundary The existing RPW is relatively channelized, with incised slopes and serves as a means to move stormwater from the agricultural fields to a run of Caw Caw swamp The applicant is proposing to excavate an open-faced RPW-feature along the western property boundary. This feature will serve the same purpose as the existing RPW but its functionality is expected to increase as the feature will be constructed in a more precise manner. The proposed relocated feature will have 3.1 side slopes and will be hoed with excelsior matting and seeded immediately. to increase fdtration of stormwater running through it The depth of the proposed feature will match the depth of the existing RPW, which is five feet The grade of the relocated RPW will match the longitudinal grade of the previous route Heave machinery will be used in the excavation process such as an excavator bull dozer and track hoe. The machinery will be used for excavation and grading.purposes 11. Explain the purpose of the proposed work: The property owners are planning clear approximately 40 acres of their proper to excavate a sand mine. A mining permit was applied for on behalf of the Client by Tripp Engineering, and was submitted to the app_ro rip ate agencies on 22 June 2007 Approval of the mining permit is pending as the Client is required to obtain a NWP to relocate the RPW feature prior to the mining permit being issued Page 3 of 11 A RPW bisects the two parcels almost directly down the center. The property owners are. proposing to relocate this RPW from its present location to the western property boundary, and are proposing to make improvements to increase the functionali _ of the relocated feature. In moving the existing RPW feature, the Clients are making their properties conducive to their proposed sand mine. The proposed relocated feature is to be a 23' wide open-faced ditch, with 3:1 side slopes, a depth of five feet and a bottom width of three feet. Compared to the existing RPW, which is approximately three feet wide at the top of bank, has 1:1 deeply incised side slopes, is five feet deep and has a bottom width of three feet, the proposed ditch will serve as a much more efficient method of diverting stormwater. The gentler slope of the banks, the added vegetation and the wider top-of--bank create a much more effective and efficient design for collecting stormwater. 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. A jurisdictional determination package was submitted to the Army Corps of Engineers on 25 January 2007. A site visit was made by Ms. Joanne Steenhuis on 1 June 2007, to determine the extent of DWQ's jurisdiction over the feature. Ms. Steenhuis determined the feature to be a water of the State. A mining permit was applied for b~Tripp Engineering on 22 June 2007. According to the engineer, the sedimentation and erosion control permit was applied for concurrently with the mining application, as well as the stormwater permit. The engineer stated they responded to comments received from the State and County Stormwater branches, but to date, had not received a response. 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 future permits are anticipated for this project. Page 4 of 11 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: One impact is proposed associated with the relocation of the existing RPW found on site see # 5 & 6 below) from its current location to the western property boundary 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dame- cP»aratPly lief imr~antc .~„A +., 1..,+1, ~a.,,,.+,,..,, ,._a n~_a._ Wetland Impact Site Number (indicate on map) T e of Im act YP P Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Flood lain p ( es/no Distance to Nearest Stream (linear feet) Area of Impact (acres) Total Wetland Impact (acres) N/A 3. List the total acreage (estimated) of all existing wetlands on the property: No iurisdictiona1404 wetlands were found on-site 0.20 acre of RPW exist on-site. 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. Page 5 of 11 Stream Impact Number (indicate on map) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) Total Stream Impact (by length and acreage) N/A N/A 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) 1 RPW Relocation RPW 0.20 Total Open Water Impact (acres) 0.20 6. List the cumulative impact to all Waters of the U.S. resultin>? from the vroiect: Stream Im act (acres): N/A Wetland Impact (acres): N/A O en Water Im act acres : 0.20 Total Irri act to Waters of the U.S. (acres) 0.20 Total Stream Impact (linear feet): N/A 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 Not Auplicable 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 Page 6 of 11 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.)a 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. The overall scone of the proiect includes the excavation of two sand pits. to mine the sand below. There is an existing RPW, which bisects the two subject parcels essentially straight down the center. Without relocating the feature the two parcels will be rendered useless for the proposed sand mine, as the applicant will not be able to excavate his sand material It is the applicant's intent to relocate the existing RPW feature and replace it with a better planned, more well-constructed drainage system along the western ro erty boundary, consisting of a wider open-faced ditch softer side slopes and consistent grassing throughout. The combination of these factors will allow water to sheet flow versus channelize, and_will also assist in the filtration of sediments from the moving stormwater The slopes of the relocated feature will be lined with excelsior matting and will be seeded immediately. In addition, the longitudinal grade of the relocated ditch will match that of the existing one. The existing RPW has been channelized and incised over the years due to poor construction and maintenance of the feature The applicant suggests that there is no practicable alternative to accommodate his proposed said mine without the relocation of the RPW. 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 Page 7 of 11 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/strmgide.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. It is the applicant's intent to relocate the RPW. which will essentiallygate any jurisdictional impacts associated with the project. The applicant is proposing to impact 0.20 acre of RPW, in order to accommodate his proposed sand mine. The relocation of the RPW will create a feature with an area of 0.22 acre, larger than that which was impacted. With that said, the applicant suggests that he has met the Corps' "no net loss" of wetlands policy, and that his mitigation is offered through the relocation. It is our professional opinion that this impact will not adversely effect the aquatic environment in the area. 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):_ Page 8 of 11 Amount of Riparian wetland mitigation requested (acres):_ Amount ofNon-riparian wetland mitigation requested (acres):_ Amount of Coastal wetland mitigation requested (acres): I. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ^ No ~ 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 ^ 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 ^ IX. 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. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify)? Yes ^ No D If you answered "yes", provide the following information: 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 -- 2 _._ ---~ - Total Multiplier Required 1 Mitigation 3 -- ---- - - - - -- 15 Page 9 of 11 * Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone I . If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. X. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the properly. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level Stormwater will be treated via the proposed relocated 12PW. The RPW will serve as a method to assist in filtering out sediment and other pollutants prior to the Stormwater reaching any downstream jurisdictional waterbodies. The mining project will obtain its own stormwater permit, applied for concurrentl~th the mining application, by Tripp Engineering. XI. 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. Not applicable to this project, though septic systems are used in the general vicinity of the site. II. 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 XII. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated 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 httn://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Page 10 of 11 This is an independent development that is not associated with anv other development plans. The completion of this RPW relocation project will not result in development outside of the proposed project area and would have minimal impact on downstream water uali XIII. 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). blo ~ Applicant/Agent's Signature Date ~ (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 11 of 11 ~IU '~,~ DMC 9- `ti~Ul DENR - WATER QU~~i.1 T~' NlETlAND3:~'!D STO?1fi!'iTEp SRVNCH Ka oK nNlanr / \ anacttorK neat 1u LOf D 17ra0aN IOMFD: O~KR riot fs¢ otux) fr ~ osw Mx a cw aw ~~~ ~ ~ sl / ~,m ~~ aN,r anal ~ "~ xl sot sans ` r w KKOpaata m I-~\\ '~ W~~~, Y roods lr[ (~, ~y~ 8~ ra°"'°a eats r mKaiplw leOPA K r ° ~B\rl ~ ~ '~'7d[RI \` 1Me a omurawa \\ \ S,. " Dorm a0-Itl \ 'e SrNE +0 K Ulm r/~ It `i 1 7FIOte rwmloar \ \ '',~f, le[: /01rC0. tN4 ~. \ '' tintwm i aaN1KU-mK amr+Kx. ~. \ 14 ~ /~ ^IDR ~ C ~ ~ aL.aa 11 %~ ~.~~ Y n010! ~I 70E 80P6 N \~ ~ " .. Ialm CFAU .~ , :, ~ ~ ~ s~ ., ~. ~.~ laa N7B ~ pwol >n \,~ `V/ ,' +~~ . ~. ~~ ~ N I ~ ~_ ~ _ ~ SfSE as ~ ' ~I / ~ "a~ ~ P,~~ ~ ! 2007 I ~~ ~ aN~w~~ Ro aK ~ i)L'h~R, VVA'T r i I}' ~cpN \oostNCle \ g, ?Geo,.p~ \~ F-i ~lJ~rhr":~iT`t)~F,~/'~iFf7'~ N K470M arm Y~ L' M~ \\ a~ ~ ~ z laf C IrlOapt ~ tam awe ~~ ~\ j1~ z ~ ~ \ IaUN NIGH ~) % O "~"` ~Y" LOCATION MAP ''" // 1m a Ir1000t1at xOr' a Karaur fA ~` ~ mm w-KK 'mw°„MO°~,s"°"" \~ \ \ NOT TO SCALE VO/ H '"" I~rrl Ka oK tabu w-nx xoK a Iadtnr 11 ~y Z a Itslo mwl r ~ ~ u I°wo'a'EOn auc tT ~ W ~~ oleo aa-let mau ao-1e/ ~ r , a Kal aK KAIETI ~~ :.~, \ _~~ ~~ 1 / / MOr OA 10AKaLLY ~ r , - Ilt+al Ka11M0 t4Et SO011A K ~ ~ IIa~WONm~ KN t ~ rT~ Fi.`) L alf raD to@. CO-NI ~j NaK OA nWKL lot D. IN000l101 \ 51~.e 1 110 11'1 r •7 ' R ~ ~'~ ~~' lal ~MDIf'~E710Y \ 1 V~ V ntaK YIKraY / 0: ~~~ 101 D Ir10001M1 I Calm sort ~/ OD-rK t`tl' •~~'~,1D~ ~ ~ Kdl ql nlrEKLY J \ kx1s~.~n~ RPW° 2 0 Lf Zi ~ 7Qi rrpK /KY10,YM LT Mal OK ~Y ~ ~ 0.10 3G ~ ~ ~I 10 c ~ """ xrm Kar as lwwr 1m o Iiwaoss +os "~ aM0°~"w t K °Y" W V rnvs~` ~ "i6 nn a+e¢ wrc tau r tl~r~ ~ °o-'"" 1nr c nwaolsa O 1or'~°'tworoi tam m-Nt awe p`oposed RPW= 320 L.F „W (0 22a~) UI (~ ~ V aK nKtrosr~.~ ~ I 'amiifu ao-eK A a Z a Ka.a~NI.Y SITE DATA TABLE:~e4i Kass INS rsaNa (lT) ~ O O as Q »wmto O tam ao-w rr kk SITE/PROJECT NAME: WILSON -MINING PLAN V ~ V 1 z OWNER NAME: RONALD M & SANDRA K WILSON ~ 1"~ ,~ , " ASH NC~2B420 Y RD. NW Q ~ ^ ~ SITE ADDRESS: TAX ID NUMBER: SRE ADDRESS: ~ M F-I LOT 1 TO BE ASSIGNED U~ ~j ,~ \ RABBR BAY RD. ASH, NC O LOT 2 TO BE ASSIGNED RABBR BAY RD. ASH, NC ,_,.~.~- TOTAL LOT AREAS: \,~~IIIIIIII~/ !'"' a OeAt~ LOT 1 20 ACRES 871,200 SF ~~~ ~`~ /// \ COUNTY: LOT 2 20 ACRES 871,200 SF3 \~~~ ~~1 , O~ //ii PIT RIM AND ~ .' ++;;,+ ` BRUNSWICK COUNtt ~ / ~, PIT BOTTOM 2:1 SLOPE ~~ TOWNSHIP: SHALLOTTE ~ ~E~~ ~'••. +~YS' «s'r TOTAL DISTURBED AREA: 39.9 ACRES :~Q~• •• (~'•, / ' -I I I .aw Y TOTAL PROPOSED HAUL ROAD AREA: 6,893 SF (0.16 ACRES) S E A L ~_ °~ "'N ~'t °ET''`~ 10` °A10"°`Y PR 1 ACREAGE: 15.04 ACRES srM wm r a oawa o+x awx PIT 2 ACREAGE: 10f ° "I0°0NO" 13.65 ACRES _ "0 ; - mm °'"I TOTAL EXCAVATION AREA: 28.69 ACRES 17374 PIT SLOPE DET~ ZONING (BRUNSWICK COUNTY) .' II F~ ' ~ '•. ~' N,TS. ~, 3' COPE - (A Z Z EXISTING CONTOUR LOT 2 CO - RU (RURAL) ;~/A •:;!ti•INE~ '` ~~ -' ~ g _ CO - RU (RURAL) i ~ _ s~ s ~,,,_.. ~._ w '', CREGORy ~ ~. T I'1=-ill OpF 3• sir-l~~„ T~' ~ d ~ DEED BOOK B: 1281 P:1084 (LOTS 1 do 2) / / ~ ~ ~- ~- FLOW DIRECTION CAMA LAND USE CLASSIFlCATION: RURAL - , /~~11111II111~~1 -1 1= > W N FLOOD ZONE CLASSIFICATION: AE ~~~ '- = v -"- TS = LIMITS OF DISTURBANCE ~ TOTAL 50' BUFFER AREA: 4.54 ACRES ,-;'~'~~ ~ " G~ ~~ F TEMPORARY SILT FENCE HAUL R0,4D/CONSTRUCTION ~ DATE ~ 0-30-0] ~ ENTRANCE AREA (TOTAL): 0.85 ACRES ~„ ~ 4'„~ ,,,C\ 1 ° = 400' 4uu ZUU 0" 400" 800' 1200' PERMR BOUNDARY NOTE: SURVEY PERFORMED BY C.I. GLOVER"` (, `fr I" DESIGN PGT ', COMPANY, PC AND PROVIDED BY THE OWNER. p\`, DRAWN EJB REVISIONS TRIP Description BY P ENGINEERING, P. C r 419 Chestnut Street Wilmington, North Carolina 28401 Phone 910-763-5100 SHEET 1 OF 1 Fax 910-763-5631 © 2007 TRIPP ENGINEERING, P.C. O ~ 0 ~ O Existing Ditch Profile 1:1 Side Slopes Drawn By: Amanda Kolb 531 ~ South Co~~e e }load Date: 09/27/07 Scale: a" = 1' Rabbit Bay uite ~ Southern environmental Group, ~nc. 5 E Project Number: 06-214.01 Run Wi~min~ton, NC 28412 23' -~ 5' 1=-i Proposed Ditch Profile 3:1 Side Slopes Drawn By: Amanda Kolb uite outh o~~e~e oad Rabbit Bay 53 5 S R Date: 09/27/07 Scale: a' = 1' S ' ~, Southern environmental Group, ~nc. Project Number: 06-214.01 Road Wilmington, NC 28412 ~ ~ ~ ~ CERTIFICATE OF THE U.S, ARMY CORPS OF ENGINEERS THIS CERTIFIES THAT THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF THE JURISOIC110N OF SECTION 404 OF THE CLEAN WATER ACT PURSUANT TO THE 1967 CORPS OF ENGINEERS DELNEATON MANUAL AS DETERMINED BY THE UNDERSIGNED ON THIS DALE. UNLESS THERE 15 A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS, THIS OEffRMINARON MAY BE RELIED UPON FOR A PERIOD OF FIVE YEARS FROM TH1S DATE. SIGNATURE, U.S. ARMY CORPS OF ENGINEERS OFFlCIAL T1TLE DAZE EXPIRATION DATE OF DELINEATION: USAGE ACAON -1.-llJ~~LiiLLlJ,LJJ. L.L NOT FOR RECORDATION CONVEYANCES OR SALE`S PURPOSES, •-.s D~ C 3 ; ?~01 OER'R WE71gp ' W`AfiEk ~~'DSTOttt ~I1Y aR9NCn MAP CABIN fl' {y, pgGf 14I ffORCETONN TMIBER, uc BX 2118, PG 609 MB IG PG 39 fF Q= EXISTING IRON ~ ~ CONCRETE MONUMENT ~„ r~~v~ 2 7 2001 ~~hR - wArGR ~uA~~rY ~?I.aacs ~t:~ s ~,~~II~!:ar~ rawwcN N, J m b u m~ J~ SuIM/RUnI 81(1157, PG 1280 MC 27, PG 114 404 JURISDICTIONAL BOUNDARY MAP FOR oa Q,~ . ~-~-~ ~ , BX 814, ~ „' MURIEL WILSON MC 1 P/ 2ti9) ~ 1 ~ NC W, PC 147 ~ ~ 1 SEM~t ~'~~ TRACTS 1, 2, 4 & 5 AS RECORDED IN DEED BOOK 1281, PAGE 1084 ~N ~ ~'~~ ~ OF THE BRUNSWICK COUNTY REGISTRY ~''~// eXe7+,~PCm ~`~~1`~1CARp~~4i SHALLOTTE TOWNSHIP BRUNSWICK COUNTY NORTH CAROLINA I MC b PG 211 ~ ~ ~.•• ••••.. ~/ ~/ , Z i A ~ ~ ;~~~~ro'E~SSIOti ~y9~~ SCALE, 1 = 250 OCTOBER 22, 2007 i rn o1 D ~ =%4Q 9(i • ~ c I;al ~ ~ ~£ SEAL C~ ~~ ~D ~~7 8 ~~I ~ _ ~ L•4090 ~ C, I. GLOV7=R COMPANY, PC Z r$ fyl i S ! ~ ~ N ~m~ D %, ~3p ~ ~~ 426 RIDGE ROAD °- ~I~m1 ~ ~~i~ C '~•.«»~''r~`~`` WILMINGTON, NC 28412 °0 21 p ~~~~~ f+1~;~~,~~~ (910) 792-1011 - I ~~ O 0 500' 1000' _i CONTROL POINT ~~.a t ~~ raa ..~ . ~i•.aS .r ~ R^ ~t•.1 ry, ~~i~ ,, ~~~ ~~ f ~ P<<~ V 2 7 2007 ~~ ~; ~ ° - ~ ~'1kt~~ - WAT ~~ r ~~l~~tilY'4~~ ~~ ~~AM!?4HA'~RF,Z2p~;~ R`BR~Ah~CH ~#~~~~ ,. D,-C 3 2007 ~ - - E z ~ ~~IlR - ~YVAI'FFf Q11HL17Y ~~ ~'t?i WE114WL~4AP:~pST ~ . ., 9RANCN ,P. . w~ t. '~, `~ 4 ~~ ^~~ ; T ~ .. _... 5 • .- rnoi~io ~~ jF.f 1 pr a~~ ~~9 ~~~ irk; ~ Trl~ A!lar~ ~ ., , J ~~~~~ .~ ' ~~~' 1 ~ ~~ }. y j ~ ... Fr ~' t R '& i t ~~ sA ~" ~ :. ~ ~„+ ,... ~ .. ~'A ~f " '~- - _ ~+ ` ~ e ~, ~}£ .; ~ ~ ~. ~i ~ 5i !~ ~ ~; ~' i ~. '~ . ~°~" y • ~'_.;, ,'# e* +~$ o ~ ati..~.rra,. Prif~f•Preview http://gis.brunsco.net/printPreview.aspx?PrintOptData=Tract%201 ~0~0~ Tract 1 Parcel Number 19400021 Plat Date Account Number 66000304 Land Value $49,680 PIN 103800936065 Building Value $0 Owner WILSON RONALD M ET SANDRA K Other Value $0 Owner Address 1 Deferred Value $5,550 Owner Address 2 7570 RABBIT BAY RD NW Total Taxable Value $49,680 City ASH Heated Sq Ft State NC Year Built Zip 28420 Bedrooms Legal Description 23 AC Ful! Baths Parcel Street Number 7626 Stories Parcel Street RABBIT BAY Ext. Wall 1 Street Type RD Ext. Wall 2 Street Dir NW Neighborhood 6001 Subdivision Municipality Deed Book 1281 Fire Tax District GRISSET / LONGW Deed Page 1084 Township SHALLOTTE Deed Date 2/19/1999 Acreage 23 I of 2 9/28/2007 11:21 AM Print.Preview http://gis.brunsco.net/printPreview.aspx?PrintOptData=Tract%201 ~0~0~.. Plat Book Sale Price $210,000 Plat Page Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not Map Scale guaranteed. This is not a legal document and should not be substituted for a title search, 1 inch = 380 feet appraisal, survey, or for zoning verification. )_ of 2 9/2R/2(1(17 1 1.71 AM Print Pre~~iew http://gis.brunsco.nellprintPreview.aspx?PrintOptData=Tract%202~0~0~ Tract 2 Parcel Number 19400022 Plat Date Account Number 66000304 Land Value $256,230 PIN 104803024179 Building Value $0 Owner WILSON RONALD M ET SANDRA K Other Value $1,800 Owner Address 1 Deferred Value $16,660 Owner Address 2 7570 RABBIT BAY RD NW Total Taxable Value $258,030 City ASH Heated Sq Ft State NC Year Built Zip 28420 Bedrooms Legal Description Full Baths Parcel Street Number 7608 Stories Parcel Street RABBIT BAY Ext. Wal! 1 Street Type RD Ext. Wa112 Street Dir NW Neighborhood 6001 ----------- Subdivision ----- - ------ Municipality Deed Book 1281 Fire Tax District GRISSET / LONGW Deed Page 1084 Township SHALLOTTE Deed Date 2/19/1999 Acreage 23.00 9/2R/2007 1 1 •'i5 AM Print Preiriew http://gis.brunsco.net/printPreview.aspx?PrintOptData=Tract%202~0~0~.. Plat Book Sale Price $0 Plat Page Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not Map Scale guaranteed. 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