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HomeMy WebLinkAbout20160257 Ver 1_401 Application_20160316Montalvo, Sheri A From: David Vines <david@graysondare.com> Sent: Tuesday, March 15, 2016 11:34 AM To: Montalvo, Sheri A Cc: kate.sevick@threeoaksengineering.com Subject: Re: 625 Mason Rd Attachments: Agent Authorization.pdf; Signature Page.pdf Hi Sheri, Sorry about that. I've attached both here. Let me know if you need anything else. Thanks, David Vines On Mon, Mar 14, 2016 at 2:49 PM, Montalvo, Sheri A <sheri.montalvo@ncdenr.gov> wrote: David We have received the application and fee for the above project. However the signature page with your name on it was not signed. We will need you to email a copy of that page to sheri.montalvo@ncdenr.gov with your signature on it and some sort of authorization from the owner for you to apply on their behalf. I have attached an agent auth form you can use for this. Once we are in receipt of these two items I can take the project off hold and forward it through the review process. Thanks sherL MDIAtaLvo 401 & Buffer Permitting Unit - Administrative Assistant Department of Water Resources Division of Environmental Quality 919-807-6303 (office) sheri.montalvonn,ncdenr.gov 512 N. Salisbury St., Ste 942-G1, Raleigh, NC 27604 1617 Mail Serive Center Raleigh, NC 27699-1617 ,.Nothing Compares i Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties K. David Vines President, Grayson Dare Homes, Inc. www.graysondare.com 0)919-489-5880 F)919-419-9252 Montalvo, Sheri A From: Montalvo, Sheri A Sent: Monday, March 14, 2016 2:50 PM To: david@graysondare.com Cc: kate.sevick@threeoaksengineenng.com Subject: 625 Mason Rd Attachments: Agent Authorization Form.pdf Importance: High Follow Up Flag: Follow up Flag Status: Flagged David We have received the application and fee for the above project. However the signature page with your name on it was not signed. We will need you to email a copy of that page to sheri.montalvo@ncdenr.gov with your signature on it and some sort of authorization from the owner for you to apply on their behalf. I have attached an agent auth form you can use for this. Once we are in receipt of these two items I can take the project off hold and forward it through the review process. Thanks cher% MovutnWo 401 & Buffer Permitting Unit - Administrative Assistant Department of Water Resources Division of Environmental Quality 919-807-6303 (office) sheri.montalvoPncdenr.gov 512 N. Salisbury St., Ste 942-G1, Raleigh, NC 27604 1617 Mail Serive Center Raleigh, NC 27699-1617 --'"' Nothing Compares,-,, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties ot WArF9pc O PAS Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre -Construction Notification CN Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from theLq ®Section 404 Permit El Section 10 Permit v Corps: 1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: MM I 4 2nig 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes o Id. Type(s) of approval sought from the DWQ (check all that apply): -mulp BUFFER PERM RT' ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization le. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit: because written approval is not required? Certification: ® Yes ❑ No ® Yes ❑ No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation ❑ Yes ® No of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ❑ Yes ® No below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: 625 Mason Road 2b. County: Durham 2c. Nearest municipality / town: Durham—= - b 2d. Subdivision name: ;,n 2e. NCDOT only, T.I.P. or state ; project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Gregory and Theresa Quintano nr _3 3b. Deed Book and Page No. p• �' �a 3c. Responsible Party (for LLC if applicable): ' o 3d. Street address: 4103 Riceland Drive $ 3e. City, state, zip: Durham, NC 27705 3f. Telephone no.: 919-451-9344 3g. Fax no.: 3h. Email address: Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Builder 4b. Name: David Vines 4c. Business name (if applicable): Grayson Dare Homes, Inc. 4d. Street address: 3708 Lyckan Drive, Suite 206 4e. City, state, zip: Durham, NC 27707 4f. Telephone no.: 919-489-5880 4g. Fax no.: 919-419-9252 4h. Email address: david@graysondare.com 5. Agent/Consultant Information (if applicable) 5a. Name: Kate Sevick 5b. Business name (if applicable): Three Oaks Engineering 5c. Street address: 1000 Corporate Drive, Suite 101 5d. City, state, zip: Hillsborough, NC 27278 5e. Telephone no.: 919-732-1300 5f. Fax no.: 919-732-1303 5g. Email address: kate.sevick@threeoaksengineedng.com Page 2 of 11 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 0826-03-42-5565 1 b. Site coordinates (in decimal degrees): Latitude: 36.12045 Longitude: - 78.91693 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 6.92 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to UT to Little River proposed project: 2b. Water Quality Classification of nearest receiving water: WS -II; HQW, NSW, CA 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: The site is currently forested, and there are residences, forested areas, and pastures in the surrounding area. 3b. List the total estimated acreage of all existing wetlands on the property: N/A 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 496 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to provide access to the parcel from Mason Road, which will require a crossing of the UT to Little River, in order to construct a residential building. 3e. Describe the overall project in detail, including the type of equipment to be used: Erosion and sedimentation control measures will be installed. Water will be diverted around the crossing construction. A culvert pipe will be placed in the stream. The channel will be excavated and realigned for low flow shaping. Water will be pumped around the work area during construction by installed impervious dikes upstream of the proposed crossing. Equipment to be used includes a track hoe, dump truck, paving equipment, pumps, and various hand tools. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / El Yes No Unknown project (including all prior phases) in the past? Comments: N/A 4b. If the Corps made the jurisdictional determination, what type El Preliminary El Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: N/A Name (if known): N/A Other: N/A 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. N/A 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ® No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. N/A Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 16. Future Project Plans_ 6a. Is,this a phased project?",- Dyes ®No 6b. If yes; ezplaih: ' N/A �- Page 4 of ill"' PCN Form— Version 1.3 December, 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ® Streams - tributaries ® 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. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ❑ P [-IT ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: N/A 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. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number -(PER) ) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 SPOT Culvert, temporary pipe, and LIT to Little River PER ❑ INT ®Corps ® DWQ 2-6 P: 15' T: impervious dike 10' S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 [:]PDT ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 25' 3i. Comments: Of the 25 LF of stream impacts, only 15 LF are associated with permanent impacts to the stream for the purpose of stream alignment with respect to the culvert installation. The 10 LF of temporary impacts are associated with the impervious dike that will be used upstream of the proposed crossing. The dewatering of the stream will run concurrently with the construction activities (i.e. the temporary impacts associated with dewatering are within the permanent impacts footprint). Page 5 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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 T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 ❑P❑T 02 ❑P❑T 03 ❑P❑T 04 ❑P❑T 4L Total open water impacts 4g. Comments: N/A 5. 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. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: N/A 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: Page 6 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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. ❑ Neuse ❑ Tar -Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary impact required? B1 ®P ❑ T Road fill and UT to Little River ❑ Yes ® No 633 421 clearing B2 ❑P❑T El Yes ❑ No B3 ❑P❑T El Yes ❑ No 6h. Total buffer impacts 633 421 6i. Comments: The impacts associated with the driveway crossing and culvert installation fall under the "exempt" category per the Neuse River Buffer Rules Table of Uses {15A NCAC 02B .0233 (6)} D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The proposed project is to install a driveway and associated culvert crossing a UT to Little River. As the stream runs the length of the property, the only way to access the buildable area is to cross the stream. Impacts are expected to be minimal, as the crossing will be done perpendicular to the stream. Impacts to the associated protected riparian buffers have also been reduced by promoting sheet flow as well as providing grass shoulders to promote infiltration. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Erosion and sedimentation BMPs will be installed prior to construction. Water will be diverted around the work area to prevent sedimentation of downstream aquatic resources. Impacts will be minimized by strict enforcement of BMPs for the protection of surface waters, restrictions against the staging of equipment in or adjacent to waters of the US and coordination with appropriate agency personnel. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this ❑Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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: ❑ warm ❑ cool ❑cold 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. 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 buffer mitigation? ❑ Yes ® No 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. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (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). N/A 6h. Comments: N/A Page 8 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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 ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: The proposed project is a 15 foot pipe crossing of a UT to Little River. ❑ Yes ® No There is will be an insignificant increase of increase in impervious surface as a result, since the driveway will not be ditched and will follow the natural contours of the area. Therefore, treatment is not required. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 3.6% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The proposed project is a driveway crossing of a stream, and any increase in stormwater runoff will be negligible. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ❑ Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties 4a. Which of the following state -implemented stormwater management programs apply ❑ HQW ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No S. 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 Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ 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 ❑ 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 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® 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. The driveway crossing of UT to Little River is being constructed in order to access a new single-family residence. There will be no other development as a result of this project. 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 10 of 11 PCN Form —Version 1.3 December 10, 2008 Version 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 ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? El Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC NHP 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? This project takes place in Durham County, which is not near any coastal or tidal habitat that would support EFH (i.e. salt marshes, oyster reefs, etc.). 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 ® 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? NC SHPO HPOWEB GIS Service 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? FID es ❑ No 8b. If yes, explain how project meets FEMA requirements: MOA 8c. What source(s) did you use to make the floodplain determination? NC Floodmaps David Vines 3/4/16 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this project occur in or near an area with federally protected species or ❑ Yes No habitat? 5b Have you checked with the USFWS concerning Endangered Species Act ❑ yes ®No impacts [I Raleigh 5c If yes, indicate the USFWS Field Office you have contacted ❑ Asheville 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC NHP 6. Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? This project takes place in Durham County, which is not near any coastal or tidal habitat that would support EFH (i e. salt marshes, oyster reefs, etc.). 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 El Yes 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? NC SHPO HPOWEB GIS Service 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ® Yes ❑ No 8b If yes, explain how project meets FEMA requirements: MOA 8c What source(s) did you use to make the floodplain determination? NC Floodmaps David Vines z_ 3/4116 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is nrnviripri Page 1 l of 11 PCN Form — Version 1 3 December 10, 2008 Version U_ \rvl,V V Li J�J SAMPLE AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: IN LOT NO. Z PLAN NO. 1`6- PARCEL ID: 09 Z(- 03- y Z ' 5S65' STREET ADDRESS: 64?5-- r r �7'j FC4' /y L Please print: Property Owner: Property Owner: r' r >`en g7-=� The undersigned, registered property owners of the above noted property, do hereby authorize of (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): -q/03 ,l �� L-,��6 '- 1� �, NC 2 70 5 Telephone: 919' We hereby certify the above information submitted in this application Is true and accurate to the best of our knowledge. Authorized Si na re \ Date: Authorized Signature Date: 311YI/. March 3, 2016 To: Eric Alsmeyer U.S. Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Eric.C.Alsmeyer@usace.army.mil From: Kate Montieth Sevick, Environmental Specialist Three Oaks Engineering, Inc. 1000 Corporate Drive, Suite 101 Hillsborough, NC 27278 RE: Jurisdictional Determination Package for 625 Mason Road, Durham, NC Mr. Alsmeyer 'aletgt► Pegic at Gtfitct; t NC �E David Vines, President of Grayson Dare Homes, is proposing a crossing of an Unnamed Tributary (UT) to Little River to provide access to the southern portion of the parcel (Figure 1). The project is located on an approximately 6.9 acres parcel at 625 Mason Road, Durham, North Carolina (PIN: 0826-03-42- 5565) (Figure 1). A UT to Little River flows perpendicular across the property for approximately 250 feet. The parcel is located within the Neuse River Basin; therefore, any intermittent or perennial streams mapped on either the USGS topographic map (Northwest Durham Quadrangle, 1987) or the USDA-NRCS Durham County Soil Survey will require buffers, unless a site evaluation results in a non -jurisdictional stream determination. The UT to Little River is shown on both of the above maps. On February 17, 2016, Three Oaks Engineering staff members conducted a site investigation (Figure 1). Two jurisdictional streams were identified (Tables 1-2) (Figures 1 and 2). NC Department of Water Resources (NCDWR) Stream Identification Forms, are included for each stream feature. No jurisdictional wetlands were identified. Table 1. Water resources in the studv area. Throe Oaks Enghwerinq , threeoaksengmeerinq tom Best Usage Stream Name Map ID NCDWQ Index Number Classification UT to Little River SA 27-2-21-(3.5) WS -II HQW NSW CA UT to SA SB 27-2-21-(3.5) W5 -II HQW NSW CA Throe Oaks Enghwerinq , threeoaksengmeerinq tom Table 2. Jurisdictional characteristics of water resources in the studv area. Map ID Length (ft.) Classification Compensatory Mitigation River Basin Required Buffer SA 260 Perennial Yes Subject SB 236 Intermittent Yes Not Subject Total 496 Please let us know if you have any questions or require additional information. We appreciate your assistance on each of these projects. cc: Ms. Cherri Smith, NCDWR -------------------------------------- -------------------------------- --- Three Oaks Engtneerinq # threeoaksengmeerinq.com -- --- v --' _ -- -- —� ATTACHMENT PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Kate Montieth Sevick Three Oaks Engineering 1000 Corporate Drive, Suite 101 Hillsborough, NC 27278 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Project located at 625 Mason Road, Durham NC (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Durham City: Durham Center coordinates of site (lat/long in degree decimal format): Lat. 36.120454° N, Long. -78.9170540 W. Universal Transverse Mercator: Name of nearest waterbody: Little River Identify (estimate) amount of waters in the review area: Non -wetland waters: 469 linear feet: width (ft) and/or acres. Cowardin Class: Riverine Stream Flow: Perennial and Intermittent Wetlands: acres. Cowardin Class: Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non -Tidal: None E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: 0 Field Determination. Date(s): 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: 2 SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ❑ Data sheets prepared/submitted by or on behalf of the applicant/consultant. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: Northwest Durham Quadrangle, 1987. ® USDA Natural Resources Conservation Service Soil Survey. Citation: Durham County Soil Survey ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: of 1929) ®Photographs: ❑ Aerial (Name & Date): or ❑ Other (Name & Date): (National Geodectic Vertical Datum ❑ Previous determ !nation (s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the CorDs and should not be relied upon for later iurisdictional determinations. Signature and date of Regulatory Project Manager (REQUIRED) Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) Estimated amount Class of Site Cowardin of aquatic resource aquatic number Latitude Longitude Class in review area resource Non -section SA 36.120393 -78.91686 Riverine 260 linear feet 10 — non - tidal Non -section SB 36.120687 -78.916733 Riverine 236 linear feet 10 — non - tidal Prepared For. 0 ycz Graysoonkl CUSTOM HOMES 625 Mason Rd, Durham (PIN 0826-03-42-5565) Aerial Photography Durham County, North Carolina Date March 2016 Scale 0 40 80 Feet ,., Job No 16_202 Drawn By. Checked By KMS Figure M6 rte■ { low t ■ r ■ x • r m n ■ r ■ a a r ■ ce — SA - Perennial Stream — SB - Intermittent Stream �. Parcel Boundary 6\hEf fte Prepared For. A ' , A 4% Gray�son[.Lir rayb33N1^' CUSTOM HOMES 625 Mason Rd, Durham (PIN 0826-03-42-5565) Topographic Map Durham County, North Carolina Date. March 2016 Scale 0 40 80 Feet Job No 16_202 Drawn By. Checked By. KMS Figure Prepared For. GMMDar,�A CUSTOM HOMES 625 Mason Rd, Durham (PIN 0826-03-42-5565) USDA-NRCS Soils Durham County, North Carolina Date March 2016 Scale 0 40 80 Feet 1 � 1 Job No.. 16-202 Drawn By: KMS Checked By. Figure �5�� AEIR/yC& Prepared For W s Graysonr, 9*1&NO CUSTOM HOMES 625 Mason Rd, Durham (PIN 0826-03-42-5565) National Wetland Inventory Map Durham County, North Carolina Date March 2016 Scale 0 150 300 Feet t r Job No 16-202 Drawn By. KMS Checked By Figure �5����NEN�yCy (PIN 0826-03-42-5565) Grayson l) ,ii Durham County, North Carolina N Q6� �144QA s - S 6 m N � N � V m � N 50 to BUFFER m z� r � 5 \ PIN0826-03-42-78b5 �4 D8 995 PG 831 CIL I%+l0 YEAR, moo Il SMA / 57F.!`AM m 83.8' I00 YEAR ROOD Pth�"�26-03-52-0643 B 2'9 � OD Q0 PG 338 o � 6.94 AG. Q N 2 j- F'P.OP. � SL�.B I+ 0 b PIN 082C -CB -42 -3350082C -CB -42-33502-3350 D6 4 195 PG 406 PIN 0826-03-5 I - 1943 SA -Perennial Stream DB 7577 PG 208 2 9,82' SB -Intermittent Stream H 86-- '52b4- W Parcel Boundary 2r4-03-41-274 I Prepared For date: 625 Mason Rd, Durham March 2016 Figure Scale 0 50 100 Feet t Job No.. 16-202 CUSTOM HOMES Site Plan raw Dn By: KMS Checked By. Sk- UT 40 "t+l-f NC DWO Stream Identification Form Version 4.11 2tjf, Date:�u/Z Projecusite: (rnQ aei !r+!/ Latitude: 3 to 1 Z�3 T; Evaluator: �h Se A L Ic County: Qx I her Longfdider Total Points: Stearn at least rntemtlt Stream Determination (dr�de Other AIW O -e/ 1i N1 Ira 19 oar rennlalC2 90•* 1 r Ephemeral Intermittent Rtal e.g. Quad Name: A. tseomo I (Subtotal= Absent weak Moderate strwig 1' Continuity of channel bed and bank 0 1 2 1.5 2. Sinuosfty of channel along thatywo 0 1 2 0.5 3. In -channel stricture: ex riffle -pool, step-pooi, ri ool sequence 0 1 2 1.5 4. Particle size of stream substrate 0 1 2 26 Wetland plants in streambed 5 Act wkelict flood in 0 1 029 3 6. Depositional bars or benches 0 1 2 7. Recent alluvial deposits 0 1 b , bBedrock 8 Headcuts 0 2 3 9 Grade control 1 0 0.5 1.5 10. Natural valley 0 0:5 1.5 11. Second n nater order channel No = 0 Yes artificial annus are not rated, see dns in manual B. Hvdroloov (subtotal= or t 12. Presence of Basedow 0 1 2 13 Iron oxidizing bacteria U 1 2 3 14 Leaf litter 1.5 1 05 0 15. Sediment on plants or debris 0 0.5 1.5 16. Organic debris lines or piles 0 0.5 1.5 17. Soil- -based evidence of high water table? 25. Algae 0 No = 0 Yes C. Biology (Subtotal= ) 18 Fibrous roofs in streambed ' 2 1 0 19. Rooted upland plants in streamed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 1 2 3 21. Aquatic Mollusks 1 2 3 22 Fish 0.5 1 1.5 23. Crayfish 0 1 I 1.5 24, Arnphlbians 1,5 25. Algae 0 .5 1 1 1.5 26 Wetland plants in streambed FACW = 0.75: OBL =1.5 Other = 0 'perennial streams may also be identified using other methods. See p. 35 or manual. Notes: Sketch: Mus. - -^-' _Channel �p� tF`_� + ¢ Bank Height (h): � Bankfuil width (ft): 2. - Water depth (in): (p- l 'f substrateeja�iTt , r-iv1l, Velocity -fast, era , slow Clarity -clear, slightlyturbid,;bid b , bBedrock NC DWQ Stream Identirw2tinn Rare. Varainn s 111 S Dace: Z 11-4 I as ProjectiSite: AAate Ai/' Latidrde: 3b • 12 Oji, Evaluator: �� . M 4A (evi CJL County L)Aj h,'+ LOngItude- -11• • 1 �� Total Fomes: Sbsam is at !Best Ittterndttenft �% II�� Stream Determ r+de one ) Other N i..� � d219or rdaflf230• /� v'. Ephemeral Perennial e.p.QuadNemo: A f%��om i Subtotal = _. _..6 Absent Weak Modelrate Strong 1' Continuity of channel bed and bank 0 1 14. Leaf War 1.5 2 Sinuosity of channel along thalweg 0 1 0 3 3. In -channel structure: ex. riffle -pool, step pool, 16.Organic debris lines or 0 A5 0.5 1 3 ril Ise uence 0 n 'V 2 u 3 4 Particle size of stream substrate 0 1 25. Algae 0 5. Acttvehefid floodplain 1.5 1 2 3 6 Depositional bars or benches 'perennial dreams may also be identiW using other methods. See p. 35 of manual. 1 2 3 7. Recent alluvial deposits - 1 2 3 8 Headcuts 1 2 2 3 9. Grade control 0.6 1 3 1.5 10. Natural va0e 0 ry 1 1.5 11. Second or greater order channel No = 0 Yes = 3 . �..�..�.. ... vwwaaiuua m manual B. H drol Subtotal = 77t S 12. Presence of Baseflow 0 1' 2 3 13. Iron oxidizin bacteria 0 2 3 14. Leaf War 1.5 0.5 0 15. Sediment on plants or debris 0 1 1.5 16.Organic debris lines or 0 A5 0.5 1 '1.5 17. Soll-based evidence of high water table? No.= 0 Yes = C. 00Subtotal = 18. Fibrous roots in streambed 3 2 0 19. Rooted upland plants in streambed 3 1 0 20. Macrobenthos (note diversity and abundance) " 0 1 3 21. Aquatic Mollusks 1 2 3- 22. Fish 0.5 1 1.5 23 Crayfish1.6 24. Amphibians 0.5 1 1.5 25. Algae 0 0.5 1.5 26. Wetland plants in streambed FACW = 0.75: OBL =1.5 Other = 0 'perennial dreams may also be identiW using other methods. See p. 35 of manual. Notes: - Sketch: Bank Height (ft): D •) - 1. Bankfull width (ft): Z Water depth (in): i6 - I? - Channel substrate @k, so q a 1, Cobble, Bedrock Velocity -fast, moderate, 1i Clarity -clear, slightly turbi to i 53 NC DWO Stream Identificsiltinn Farm Vnrainn A t t SC Date: 2--1 - 1 b Pn*ect/Sff:e: ^ IV latitude: 3 �. (Zo gr Evaluatorl. LeTl Sev+ilk county; -A AN° Longitude: -411, 1/ ?V51 Total Points: Sbaam 1s at least lnteir►dlter►t r Stream Determination (drde one) Perennl81 00w /V t-✓ Y219or r8tnrafBx30• • r nent e.g. Quad Name: A. veomo hot Subtotal A 1' Continuity of channel bed and bank Absent 0 Weak 1 Moderate Strong 3 2. Sinuosity of channel along thalweg 0 1 14. Leaf litter 3 3. in -channel stricture: ex. riffle -pool, step -pool, ripple -pool sequence ® 1 2 3 4 Particle size of stream substrate 0 1 2 3 S. Active/refict flood Iain No = 0 1 2 3 6. Depositional bars or benches 1 2 3 7. Recent alluvial deposits Eli 1 2 3 8. Headcuts 00 Bank Height (ft): eankfull width (ft): Water depth (in): Channel substrate - Clay, Silt, Sand, Gravel, Cobble, Bedrock Velocity -fast, moderate, slow Clarity -clear, slightly turbid, turbid 2 3 9. Grade control QD 0.5 1 1.5 10. Natural valley 0.5 1 15 11 Second or greater order channel ___No ­t_ Yes = 3 arunmi uncles are not rated; tee cisaimsions in marRal B. Hvdroloav (Subtotal= 3 • Sr ) 12. Presence of Saseffow 1 2 3 13. Iron mddtdng bacteria 1 2 3 14. Leaf litter 1.5 1 0.5 3 15. Sediment on plarft or debet 0.5 1 1.5 16. Organic debris lines or piles 0 1 1.5 17 Soil -based evidence of high water table? No = 0 Yes 1.5 U. M010QV (Subtotal = 5 ) 18. Fibrous roots in strearribed 3 2 1 0 19. Rooted upland plants in streambed 3 1 0 20 Macrobenthos note diversity and abundance) 1 2 3 21. Aquatic Mollusks 1 2 3 22 Fish 0.5 1 1.5 23 Crayfish 0.5 1 1.5 24. Amphibians Op 0.5 1 1.5 25. Algae 05 1 1.5 28. Wetland plants in streambed FACW = 0.75; OBL =1.5 Other = 0 'perennial streems may also be Identified usng other methods. See p. 35 of manual Notes: Sketch: Bank Height (ft): eankfull width (ft): Water depth (in): Channel substrate - Clay, Silt, Sand, Gravel, Cobble, Bedrock Velocity -fast, moderate, slow Clarity -clear, slightly turbid, turbid