Loading...
HomeMy WebLinkAbout20151272 Ver 1_401 Application_20151215Montalvo, Sheri A From: Daryl Norris <dnorris@wilsonnc.org> Sent: Tuesday, February 02, 2016 9:09 AM To: Montalvo, Sheri A Subject: Georgetown Streambank Stabilization DWR #15-1272 Mrs. Montalvo, I called and left you a voicemail as well. I just discovered that the request for additional fee got lost in process and was never submitted. I have sent it in and it should be to you in a couple days. I just wanted to let you know since it is past 30 days from the letter you sent. I haven't received anything that the application is canceled or returned so hopefully this can be accepted and we can move forward with obtaining the permit. Thank you for your help and understanding. Daryl Norris, P.E., CFM, CPSWQ, EE, LID Stormwater Environmental Specialist City of Wilson Stormwater Division 252-296-3305 dnorris@wilsonnc.org Pursuant to North Carolina General Statutes, Chapter 132,et.seq., this electronic mail message and any attachment hereto, as well as any electronic mail message(s) that may be sent in response to it may be considered public record and as such are subject to requests for review. K_ Water Resources ENVIRONMENTAL QUALITY December 14, 2015 City of Wilson Attn: Daryl Norris 1800 Herring Ave Wilson, NC 27894 Subject: REQUEST FOR ADDITIONAL INFORMATION Georgetown Streambank Stabilization Dear Mr. Norris: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Du ecror DWR # 15-1272 Wilson County On December 9, 2015, the Division of Water Resources (Division) received your application requesting a 401 Water Quality Certification / Buffer Authorization from the Division for the subject project. The Division has determined that your application is incomplete and cannot be processed. The application is on -hold until all of the following information is received: 1. Need More Fee A review of the Pre -Construction Notification (PCN) Form indicates this application is for _173_ linear feet of stream impacts. Pursuant to 143-215.3D (e), a $570 permitting fee is required to process this application. Check # 247800 was applied; however, the remaining balance to remit is $330. Please remit a check to DENR-DWR, 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Pursuant to Title 15A NCAC 02H .0502(e) / 15A NCAC 02B [Neuse] .0233, the applicant shall furnish all of the above requested information for the proper consideration of the application. If all of the requested information is not received in writing at the address below within 30 calendar days of receipt of this letter, the Division will be unable to process the application and it will be returned. The return of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. Please be aware that you have no authorization under Section 401 of the Clean Water Act/ the Buffer Rules for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. State of North Carohm I Environmental Quality I Water Resources 1401 & Buffer Pemuttmg 1617 Mail service Center I Raleigh, North Carolina 27699-1617 919 707 6300 DWR # 15-1272 Request for Additional Info Page 2 of 2 Please contact Sheri Montalvo at 919-807-6303 or sheri.montalvo@ncdenr.i;ov if you have any questions or concerns. cc: USACE Raleigh Regulatory Field Office DWR RRO 401 file DWR 401 & Buffer Permitting Unit file Sincerely, Karen Higgins, Supervi 401 & Buffer Permitting Unl Filename: 151272GeorgetownStreambankstabilization(W ilson)_HOLD 0 otWAL'.Z9. 2 0 1 5 1 2 7 2 Office Use Only: Corps action ID no. o DWQ protect no. TILE CAPY Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form F A. Applicant InformationC'� 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑ Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 13 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes Q No 1 d. Type(s) of approval sought from the DWQ (check all that apply): Q 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express Q Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: N Yes ❑x No For the record only for Corps Permit: NX 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 1 h below. ❑ Yes Q No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes Q No 2. Project Information 2a. Name of project: Georgetown Streambank Stabilization 2b. County: Wilson 2c. Nearest municipality / town: Wilson 2d. Subdivision name: Club Terrace 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Elbert & Barbara Hawkins 3b. Deed Book and Page No. 1505, 708 p 3c. Responsible Party (for LLC if applicable): 3d. Street address: 4305 Georgetown Dr 0 9 3e. City, state, zip: Wilson, NC 27896 3f. Telephone no.: 4018 BUFFS R RESOURC 3g. Fax no.. 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑X Other, specify: Local Municipality 4b. Name: City of Wilson 4c. Business name (if applicable): City of Wilson 4d. Street address: 1800 Herring Avenue 4e. City, state, zip: Wilson, NC 27894 4f. Telephone no.: 252-296-3305 4g. Fax no.: 252-399-2453 4h. Email address: dnorris@wilsonnc.org 5. Agent/Consultant Information (if applicable) 5a. Name: Daryl Norris, Stormwater Specialist 5b. Business name (if applicable): City of Wilson 5c. Street address: 1800 Herring Avenue 5d. City, state, zip: Wilson, NC 27894 5e. Telephone no.: 252-296-3305 5f. Fax no.: 252-399-2453 5g. Email address: dnorris@wilsonnc.org Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 3713-39-9901.0000 1b. Site coordinates (in decimal degrees): Latitude: 35.779 Longitude: -77.942 1c. Property size: 0.74 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: UT to Toisnot Swamp 2b. Water Quality Classification of nearest receiving water: C, NSW, WS3-P 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: Streambank erosion causing loss of use of the property and endangering an existing structure. The land use is low density residential and the drainage area is 60% built out Upstream is currently a large agricultural field with an approved preliminary plan for mixed use commercial and high density residential development 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 392 3d. Explain the purpose of the proposed project: Stabilize the stream banks to prevent further erosion protect the existing structure. 3e. Describe the overall project in detail, including the type of equipment to be used: Following the natural flow line of the stream channel, the banks will be slightly sloped back, and coir logs and live stakes will be used to create a green 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? ❑ Yes ❑X No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? El Preliminary Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? El Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ❑X 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 T Stabilization UT to Toisnot Swamp PER Corps 5 173 S2 - Choose one - - S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - 3h. Total stream and tributary impacts 173 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 individually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose 02 Choose one Choose 03 Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 6. Pond or Lake Construction If pond or lake construction proposed, then 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 protect 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 B1 T Bank Stabilization Hominy Swamp No 1,730 0 B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 1,730 0 61. Comments: Impacts will be limited to only those areas required for sloping back, and stabilizing the stream banks. 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 will be limited to only those areas required for sloping back and stabilizing the stream banks. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. A pump around bypass system will be used during construction to minimize any additional impacts from the construction process. The banks will be matted to provide additional stabilization until vegetation establishes. The use of coir logs and live stakes avoids the need for hard armoring. 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 Q 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 ❑ payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 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). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. 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. No. The flow of the stream will be pumped around during construction. No other discharges are included this ❑ Yes ❑X No in project 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0 2b. Does this project require a Stormwater Management Plan? ❑ Yes ❑X No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: It is only a bank stabdzation project under Nationwide 13 2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? City of Wilson ❑ Phase II 3b. Which of the following locally -implemented stormwater management programs ❑X NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been El Yes ❑ 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? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? []'Yes ❑ No Page8of10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the ❑X Yes ❑ No use of public (federal/state) land? 1 b. 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 Q 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 letter.) ❑ Yes ❑ No 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 ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes ❑X 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 Q 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. 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. 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 11 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? City of Wilson GIS layers 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? City of Wilson GIS layers 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 ❑X 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? City of Wilson GIS layers 8. Flood Zone Designation (Corps Requirement) -T- 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes Q No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? City of Wilson GIS layers Daryl Norris - City of Wilson 11-24-2015 Applicant/Agent's Printed Name Date ppllcant/Agent s Signature (Agent's signature is valid only if an authorization letter from the applicant is provided Page 10 of 10 Georgetown Drive Streambank Stabilization PCN #3e) The streambank will be sloped back, matted, and seeded. Coir logs will be anchored in place in areas of steeper slopes and heavy erosion and live stakes planted to establish permanent vegetation. Equipment to be used may include an excavator, back hoe, or similar type machinery. All conditions of the Nationwide 13 will be followed with total impacts <500 ft. Bank Stabilization. Bank stabilization activities necessary for erosion prevention, provided the activity meets all of the following criteria: (a) No material is placed in excess of the minimum needed for erosion protection; (b) The activity is no more than 500 feet in length along the bank, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in minimal adverse effects; (c) The activity will not exceed an average of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark or the high tide line, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in minimal adverse effects; (d) The activity does not involve discharges of dredged or fill material into special aquatic sites, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in minimal adverse effects; (e) No material is of a type, or is placed in any location, or in any manner, that will impair surface water flow into or out of any waters of the United States; (f) No material is placed in a manner that will be eroded by normal or expected high flows(properly anchored trees and treetops may be used in low energy areas); and, (g) The activity is not a stream channelization activity. This NWP also authorizes temporary structures, fills, and work necessary to construct the bank stabilization activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. Temporary fills must be removed in their entirety and the affected areas returned to pre -construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. Georgetown Streambank Stabilization f ME W a_ A LL � �..9 ' A M s 1�G� MARION 41 IL6LPRN t� SUE- � d 4 a� c », a ��:. yjj� 4 ♦ . , y M *� RRING i DAVIS RIS DAVID, CE C, 2:r 50 100 LOUIS �. . Feet_