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HomeMy WebLinkAbout20072256 Ver 1_401 Application_20071207P~~ 07-2250 DR. J.H. CARTER III & ASSOCIATES, INC. Environmental Consultants P.O. Box 891 • Southern Pines, N.C. 28388 (910) 695-1043 • Fax (910) 695-3317 Letter of Transmittal To DIVISION OF WATER QUALITY 401 WETLANDS UNIT 1650 MAIL. SERVICE CENTER RALEIGH, NC 27699-1650 WE ARE SENDING YOU Attached Copy of letter Prints Date: 19 Dec 2007 Job # 0764 Attn: Mr. Ian McMillan Re: Riley Paving Reports x Maps Plans Data Photos x Permit COPIES DATE # P s DESCRIPTION 1 12-18-07 18 Nationwide No. 14 Permit A lication for Riley Pavin ,Inc., Cartha e, Moore Count , NC 1 12-10-07 N/A $200.00 check for DWQ fee THESE ARE TRANSMITTED x For approval Approved as noted For your use Approved as submitted As requested Returned for corrections x For review and comment For your information REMARKS: Please contact me with any questions or concerns. Thank you. "" ~;-r ~ .» ~nn7 _L ~ r ~vu~ Jennifer M. Freeman neu~ _ u,erGra ni Lei trY Wildlife Biologist YD4~'~1iDS1°t)RMW.~j~9ftANCH COPY TO: ~~}~}r. (JG;,n'LQD ~~ .~~ SIGNED: If enclosures are not noted, please contact us Endangered Species Surveys • Environmental Assessments • Land Management • Wetlands Mapping and Permitting .. •, ~ ~ - ~ ~ ~ ~ DR. J.H. CARTER III & ASSOCIATES, INC. Environmental Consultants P.O. Box 891 • Southern Pines, N.C. 28388 (910) 695-1043 • Fax (910) 695-3317 19 December 2007 Mr. Ian McMillan NC Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Dear Mr. McMillan: DrC27 Z~~~ Enclosed is an after-the-fact permit application for a widened access road to Riley Paving, Inc. in Carthage, Moore County, North Carolina (see attached maps). I've enclosed 6 copies and a check in the amount of $200.00 in this packet. One copy has been provided to Mr. Ken Averitte at the DWQ Fayetteville Regional Office. In general, the access road was widened to provide safe and efficient passage of 2-way heavy equipment and wide-load traffic. The road was widened to the minimum extent necessary to provide such passage. Project impacts include the discharge of fill material into approximately 0.13 acre of jurisdictional wetland and extending an existing culvert by approximately 52 feet 00.01 acre). Total project impacts to jurisdictional waters are approximately 0.14 acre. Please review the enclosed permit application and contact me if you need any additional information. Thank you for your time. Sincerely, CC: Mr. James L. Riley, Jr. Q ~ ~ . ~~err~.~ ~'~ Je fifer M. Freeman Wildlife Biologist Endangered Species Surveys • Environmental Assessments • Land Management • Wetlands Mapping and Permitting DR. J.H. CARTER III & ASSOCIATES, INC. Environmental Consultants P.O. Box 891 • Southern Pines, N.C. 28388 (910) 695-1043 • Fax (910) 695-3317 0 7- 2 2 5 6 19 December 2007 Ms. Emily Burton Wilmington Regulatory Field Office US Army Corps of Engineers P.O. Box 1890 Wilmington, North Carolina 28402-1890 ~: ~~~~ V ~~ ~ 2 7 2007 ~~ENR - WgTER ~~~ ~lrr Dear Ms. Burton: Enclosed is an after-the-fact permit application for a road widening at Riley Paving, Inc. in Carthage, Moore County, North Carolina (see attached maps). In general, proposed jurisdictional impacts include the discharge of fill material in 1 wetland area and extending an existing culvert by 52 feet (0.01 acre) with a total project impact of 0.014 acre to jurisdictional waters, including wetlands. Please review the enclosed permit application and contact me if you need any additional information. Thank you for your time. Sincerely, J fifer M. Freeman ildlife Biologist CC: Mr. James L. Riley, Jr. NC Division of Water Quality - 401 Wetlands Unit Mr. Ken Averitte, Division of Water Quality, Fayetteville Regional Office Endangered Species Surveys • Environmental Assessments • Land Management Wetlands Mapping and Permitting 12/19/2007 05:48 FAX 9109473158 RILEY PAVING l(7.J001 1 a s - ' '7=meat in As~rarr Paving" ear 18 December 2007 'To Whom It lVLay Cora: Ih. J. H. Carter III & Associates, Inc. is authorized to prepare and submit the necessary per, mats for the widened access road to Riley Faving, Inc. in Carthage, Moore County, SIC. Additionally, this letter grants pennnission to federal and state regulatory aulhorilies to conduct site visits oa oar pro~ty to evaluate wetland boundaries and 1~oject im~Cts. ..., ~ . ~~ James I,. Riley, Jr. Post Office Sox io CerUlBga, forth CarOlilld 28327 (910) 947x376 FAX: (910)947.3156 07-??56 Office Use Only: Form Version March 05 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 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14, WQC No. 3704 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 1. Owner/Applicant Information Name: Riley Paving Inc~Mr. James L. Riley, Jr.) Mailing Address: P.O. Box 10 Carthage NC 28327-0010 Telephone Number:~910) 947-5376 Fax Number: (910947-3156 E-mail Address: rileypaving~a embargmail.com 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/appl' t~ Name: Jennifer M. Freeman Company Affiliation: Dr. J.H. Carter III & Associates Inc. Mailing Address: 515 - F Midland Road LJt 2 i 1 f107 Southern Pines NC 28387 1~TtAN0.4R.R QUALITY Telephone Number: (910) 695-1043 Fax Number: (910) 695-3317 E-mail Address: jfreeman~ hcarterinc.com 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: Rile P~ avin~ 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): LRK 5654 -Tax PIN 857820909545; LRK 5661 -Tax PIN 858817016320• LRK 5653 -Tax PIN 857820902987; LRK 98000543 -Tax PIN 857820818353 4. Location County: Moore Nearest Town: Carthage Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From downtown Carthage take NC Highway 24/27 east for 1.1 miles, then turn left on Glendon-Carthage Road (SR 1644). Follow Glendon-Carthage road 0.2 mile to Riley Paving entrance. 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): 35.3446 °N 79.4012 °W 6. Property size (acres): 37.99 acres 7. Name of nearest receiving body of water Little Creek 8. River Basin: Cape Fear River Basin (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at htt~://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: Part of the site has buildings, road construction material stockpiles parking and other cleared areas associated with Riley Paving, Inc. Approximately Updated I l/1/2005 Page 6 of 12 '/2 of the site is forested Land uses nearby include commercial and residential areas in the Town of Carthage rural residential areas and agricultural and forested tracts. 10. Describe the overall project in detail, including the type of equipment to be used: An existing paved access road into the site was widened. During_the process, fill material was discharged into adjacent wetlands and a stream culvert was extended. 11. Explain the purpose of the proposed work: At the start and end of each business day, heavy traffic volume into and out of Riley Paving created traffic-dams on the narrow access road. The road was widened to accommodate 2-way traffic of heavy-equipment to facilitate safer and more efficient traffic flow. 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. Ms Emily Burton of the USACE made a site visit after the road was widened- __ 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. None anticipated 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. Updated 11/1/2005 Page 7 of 12 1. Provide a written description of the proposed impacts: Project impacts include the discharge of fill material into approximately 0.13 acre of jurisdictional wetland and installation of a culvert ape impacting approximately 52 linear feet 00.01 acre) of stream. Total impacts to jurisdictional waters, including wetlands, are approximately 0.14 acre. 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 Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Floodplain Nearest Stream Impact (acres) (indicate on map) herbaceous, bog, etc.) ( es/no) (linear feet) 1 fill forested no 0 0.13 Total Wetland Impact (acres) 0.13 3. List the total acreage (estimated) of all existing wetlands on the property: ~ 5 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 Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact (indicate on map) Before lm act (linear feet) (acres) I UT to Little Creek culvert perennial 4 ft ~52 0.01 Total Stream Impact (by length and acreage) ~52 0.01 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill_ excavation_ dred~in~_ floodin~_ draina~e_ bulkheads_ etc. Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) T e of Im act yP P lake, ond, estuar sound ba ( p Y> Y~ Im act p (indicate on ma) ocean, etc.) (acres) N/A Total Open Water Impact (acres) N/A 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.01 Wetland Impact (acres): 0.13 Open Water Impact (acres): Total Impact to Waters of the U.S. (acres) 0.14 Total Stream Impact (linear feet): 52 Updated 11/1/2005 Page 8 of 12 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. N/A. 8. Pond Creation - N/A If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The road was widened to the minimum extent possible to allow 2-wa~heavy equipment traffic 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 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. Updated 11/1/2005 Page 9 of 12 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. None proposed 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/pages/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): 0.25 Amount ofNon-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ^ No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether aNEPA/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 ^ Updated I I/1/2005 Page 10 of 12 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 Supply Buffer Requirements), or other (please identify )? Yes ^ 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 feetl Mitieation 1 3 (2 for Catawba) 2 1.5 Total I I I N/A * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 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. N/A XL 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. Existing- impervious acreage, including- the widened road covers 4.07% of the total acreage on the site. Updated 11/1/2005 Page 11 of 12 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. None generated by the road wideningt~roject. XIII. 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 ^ 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: The widened access road serves only Riley Paving and no cumulative impacts are anticipated from this project 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). ix~ .~plicant/Agent's Signature Date signature is valid only if an authorization letter from the applicant is provided.) Updated 1]/1/2005 Page 12 of 12 Fri k MC KE ShOE ..i .e ide. 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'. =rte ~ • ~ ~ • - • • + ~ ~ ~ ,J ~ • ~~ • i •.. , • r A ,a •' • i ' i~ I of ti ~,, r t? • r• ~: ~ ., *r' ' / ~ t d~ • "` ti a ~, Location of Riley Paving, Inc. near Carthage, Moore County, North Carolina. 0 0.25 0.5 Miles /,~ Page 1 of 1 http://mooregisweb.moorecountync.gov/output/Internet_mooregisweb305635801613.jpg 12/7/2007 Page 1 of 1 ~~~ +'. _t ~~ _~" ~ `' _ z ~ ~ 'j~~e ~Fs~~c ~ ~ ~t_f',,£31 ~~ ~~' (Zi I.e.~ ~Avir~ -Pro~t~l- Si~}e. ~,re GS• ~l 1S ~o~- Color auriA.! ~Io~~ r'°~ ~'id~2nino,~ ~ :. ,;r .. _tr r http://mooregisweb.moorecountync.gov/output/Internetmooregisweb305635682235.jpg 12/7/2007 Estimated wetland and stream impacts from Riley Paving access road 0 25 50 100 Feet /~ widening. /~ Site Photos Riley Paving Project Site