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HomeMy WebLinkAbout20110497 Ver 3_Application_20160216Environmental Consultants, 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 sandec.com February 16th, 2016 S&EC Project # 12075 To: NC DWR, 401 & Buffer Permitting Unit Attn: Karen Higgins Archdale Building — 91' floor V LS D 512 North Salisbury Street Raleigh, NC 27604 t4ol 6 2016 From: Kevin C. Martin WATER RESOURCESSoil & Environmental Consultants, PA UFFER P;:01A1 .... Re: Deacon Jones Auto Dealerships Goldsboro, Wayne County, NC On behalf of the applicant, The Three J's Inc. (Attn: Ken Jones) please find attached a complete application and supplemental information requesting a buffer authorization from the N.C. Division of Water Resources (NCDWR) for impacts related to stormwater BMP discharges. The proposed impacts are required to allow for discharges from stormwater BMP's that are required for the development of the site into 3 auto dealerships. The US Army Corps of Engineers previously issued Nationwide Permits 18 & 39 for the project (SAW# 2011- 02391) and NCDENR-DWR issued a water quality certification and buffer authorization (DWR#11- 0497v2) for the project in 2015. Due to soil conditions onsite, the stormwater plan had to be redesigned to utilize sand filters rather than the bioretention cells originally planned. Only additional buffer impacts are being requested at this time. There are no additional stream, wetland or open water impacts being requested as part of this application. Previously authorized impacts are shown on the attached site plans. Please contact me at (919) 270-7941 if you have any questions or require additional information. PROJECT SUMMARY Project Name Deacon Jones Auto Dealerships Project Type Commercial Owner / Applicant The Three J's Inc. County Wayne Nearest Town Goldsboro Waterbody Name UT Stoney Creek Basin Neuse Class C, NSW IMPACT SUMMARY see PCN form & Impact Maps for Buffer impactquantities) Zone 1 permanent Impacts 616 sqft Zone 1 Temporary Impacts 755 sqft Zone 2 Permanent Impacts 75 sqft Zone 2 Temporary Impacts 846 sqft Total Zone 1 Impacts = 1371 sqft Total Zone 2 Impacts = 921 sqft Attachments: Pre -construction Notification (PCN) Application Form Site Plan/Impact Exhibits (2 pages) Owner certification/Agent Authorization Attachments Submitted with Previous application that should be in DWR's project file: Pre -construction Notification (PCN) Application Form DWR Buffer determination Letter Site Plan/Impact Exhibits (4 pages) FEMA FIRM panel 2 Site Photos Acceptance Letter from Mitigation Bank Owner certification/Agent Authorization o`�o� W AT E9�G y Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑ Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number. or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑X Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑ No For the record only for Corps Permit: ❑ Yes ❑ No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ❑X No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below - elow.1h. ❑ Yes NX No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Deacon Jones Auto Dealerships 2b. County: Wayne 2c. Nearest municipality / town: Goldsboro 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: The Three J's Inc. 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): Ken Jones 3d. Street address: P.O. Box 2280 3e. City, state, zip: Smithfield, NC 27577 3f. Telephone no.: 919-631-9700 3g. Fax no.: 3h. Email address: kjones@deaconmail.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: Q Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Kevin C, Martin 5b. Business name (if applicable): S&EC, PA 5c. Street address: 8412 Falls of Neuse Rd., Suite 104 5d. City, state, zip: Raleigh, NC 27615 5e. Telephone no.: 919-270-7941 5f. Fax no.: 919-846-9467 5g. Email address: kmartin@sandec.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 3519819241,3519900942,3519902525 & 3519901211 1 b. Site coordinates (in decimal degrees): ILatitude: 35.36859 Longitude: -77.929414 1c. Property size: 18.43 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Stoney Creek 2b. Water Quality Classification of nearest receiving water: C, NSW 2c. River basin: Neuse 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Site is currently an open agricultural field with drainage ditches. Surrounding area is commercial or light industrial to the north, west and south Agricultural or forested to the east. 3b. List the total estimated acreage of all existing wetlands on the property: 0.6 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 950 3d. Explain the purpose of the proposed project: Allow construction of 3 different auto dealerships (3 different brands) 3e. Describe the overall project in detail, including the type of equipment to be used: Typical equipment for grading and road/building construction 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases)in the past? 0 Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑X Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Neal Floyd Agency/Consultant Company: Neal Floyd and Assoc. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A JD map was signed by Wiliam Wescott of the USACE on 11/23/2011 On May 31st, 2011, the NCDWR (formerly DWQ) issued a buffer applicability letter #11-0497 for the property 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? DYes ❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. In 2015, NWP's 18 & 39 were issued for the project (SAW#2011-02391) and the associated 401 WQC and buffer authorization (DWR# 11-0497v2). 6. Future Project Plans 6a. Is this a phased project? ❑ Yes 0 No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ❑ Streams — tributaries Q Buffers ❑ open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 - Choose one Choose one Yes/No - W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 - Choose one - - S2 - Choose one - - S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose O2 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: Impact is to a jurisdictional ditch 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑X Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary T 6c_ Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B3 P BMP Discharge Stoney creek No 163 0 B3 T BMP discharge No 291 303 B4 P BMP Discharge No 216 31 B4 T BMP discharge No 237 272 B5 P BMP discharge No 237 44 B5 T Bmp discharge No 227 271 6h. Total Buffer Impacts: 1,371 921 6i. Comments: Redesign of previous stormwater plan necessitated additional discharge points Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts to the the perennial stream onsite have been avoided. The project was designed to included the minimum size building and parking required for such dealerships. See attached Impact justification for more details. The northern access road was placed as close to Oak Forest Rd. as possible to allow for adequate "stacking" at the stop sign intersection with the service road that serves this property. The southern access road was placed so as to avoid directly impacting the perennial stream. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction of BMPs to treat stormwater for the project will likely improve water quality as compared to the untreated agricultural runoff that is currently being discharged to the perennial stream wetlands and ditches. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ❑X No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Neu -Con Wetland & Stream Umbrella Mitigation Bank, (the Casey -King site) 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: See attached acceptance letter from mitigation bank dated 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d_ Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires Yes © No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). Impacts are below mitigation thresholds 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑X Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1b. If yes, then is a diffuse flow plan included? If no, explain why. Stormwater plans will be reviewed by the City of Goldsboro ❑ Yes Q No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 75 2b. Does this project require a Stormwater Management Plan? ❑?C Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Onsite impervious surfaces will be treated by sandfilters, see attached over all site plan for approximate location 2e. Who will be responsible for the review of the Stormwater Management Plan? City of Goldsboro 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? City of Goldsboro ❑x Phase II ❑X NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes Q No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): []Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached. 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? Q Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑X Yes ❑ No Page 8 of 10 PCN Form —Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes Q No use of public (federal/state) land? 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes ©No or Riparian Buffer Rules (15A NCAC 213 .0200)? 2b. Is this an after -the -fact permit application? ❑Yes Q No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes © No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural and silvicultural operations. The proposed auto dealerships is a small commercial developmen 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Connection to existing city of Goldsboro Municipal sewer Page 9 of 10 PCN Form —Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes Q No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes Q No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 'Threatened/Endangered Species have been identified within the SE Goldsbro topographic Quadrangle but not necessarily in or near this project. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes Q No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential Fish Habitat was identified near the project. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes 0 No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Records checks at the State Historic Preservation Office or the Office of State Archeology were not performed. No structures were observed during the wetland evaluation and no structures are identified on the NC State Historic Preservation Office HPOWEB GIS Service. B. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? Q Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: BMP discharges are within the FEMA mapped flood zones. The City of Goldsboro is responsible for reviewing floodplain related matters in this area and they will be reviewing the plans for approval. 8c. What source(s) did you use to make the floodplain determination? FEMA firm panel Kevin C. Martin 1,4rl/2/16/2016 Applicant/Agent's ignature Applicant/Agent's Printed Name Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 gi4 ?Y&-1 YV7 1471 Hal: AMA.ty" kK *Avw. V_ m1f ""w Orta w W" ..ti.a.xu PROPERTY OWNER CP.RTIlp'ICATION / AGENT AUTHORUATION Pn"ct Afatrr*Tkma'k*wu: ivrLv Swag► ppapedy PrVme) Car daAabp sdr_ S&K Ph3j rt NIV _ Date Tw Depwtaaaaasm of the Arsq U.i, Amy Cusps of GnOmden. Wilm %404 D"ald 69 Dadmgtcm Awmr 'Vdw iegtum. NC .?8403 Ann: &,.h R RAW— Fidd Ot6cc: _____ W 4 the urders gned4 a ter aulwrtmd owner of record of the proper tYjptopertles; kdta*V* ttattr+ein, deo m0ort2p reprurtgtdm of the Wilrttitgkion Dmhld. U.S. Archy Corps of Ertgt m (Corps) arta Sad & Emirnttntettai CnnJtants„ PA (SIAQ staff, as rrty agent, to enla VP�fl Vw property harm dmulbatl for the purpose of cowhI ding once MweltiOMMtts era WR*lg a dirt amaidaWd with VANam of the UA PJMed to Fedi" jrrelra6edw mdrrr Uom 404 of to Clears Water Act and/or SecOm 10 of the Rias and Harbor rod of IM. Th# docwM also atatiwdm Mr, as nV agert% to act (m my bahaif and We aM actbm neammary fctr the prowa tg, Ismim ae and aumptance of a MYn t or oatitiradaet 04 mD and aft aswdmted standard and We" aattdiliom This nodicafiart strp nedet arty pretr m oim vespormmm awKwrtbg dw agutt far ti w p M)m NOIWM_ I t; audwdmtlors, for klabif W and profrrrt mW mutant► reasons„ is vabd only dor Gflklak 6a enter the pnwegr v*m amorWriled by 5660 self. 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(PIPE AND RIP RAP APRON) IMPACT AREA #5 (IMPACT 134) BURIED PIPE, AREA TO BE GRADED AND REVEGETATED= 271 SQ. FT. OR 0.006 AC. NEUSE DISTURBANCE — — — — — — — — — — — — — -- —ZONE 1 DISTURBED AREA= 216 SQ. FT. OR 0.005 AC. (RIP RAP APRON) U . S. HIGHWAY N 0. %O AREA TO BE GRADED AND REVEGETATED= 237 SQ. FT. OR 0.005 AC. ZONE 2 DISTURBED AREA= 31 SQ. FT. OR 0.001 AC. (RIP RAP APRON) --------------------------------------BURIED PIPE. AREA TO BE GRADED AND REVEGETATED= 272 SQ. FT. OR 0.006 AC. 50 0 25 50 100 1 inch = 50 ik — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Loss o O U V �1 Lr�1 IJ NCO �. CyR�//i ♦ DRAWN BY: JLK SHEET: O 9Op�aFEss� N f Gni DESIGNED BY: p Q LAND SURVEYING • ENGINEERING • PLANNING : fQ� "� M MACRON �JOHE5 AUTOO QR OOU P i SEAL U11V11�[NV' Il 111JU /, I� JLK License Number: F-1054 (� OF: 3 1s813 s ' DATE: NEW HOPE TOWNSHIP WORK ORDER: 300 East Walnut Street�FT4 �raP`� 2-9-16 150013 Goldsboro, N.C. 27530 , ��, � ."o'4; . WAYNE COUNTY N.C. www.kornegaysep.com (919) 735-5886 Fax: (919) 580-9053 ♦/�FY L �KO��� SCALE: CADD DWG; //ff ntI 1 " = 50' 130157