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.
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