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HomeMy WebLinkAbout20160140 Ver 2_Riparian Buffer Authorization_20160411DWRState of North Carolina %� - �! "• � v T Department of Environment and Natural Resources 'Divislon of Water Resources �� V Division of Water Resources ISA NCAC 02B.0233 (8)(b),.0243 (8)(b),.0250 (11)(b), .0259 (8)(b),.0267 (11)(c),.0607 (e)(2) - Buffer Authorization - - FORM: BA 10-2013 Riparian Buffer Authorization Form A. Applicant Information 1. Project Information 1 a. Name of project: Jimmy Hardison's farm road 1 b. County: Beaufort 1c. Nearest municipality: Washington 1d. Subdivision name: NA le. Is the project located in any of North Carolina's twenty coastal counties. If yes, answer 1f below. ®Yes E] No 1f. Is the project located within a NC Division of Coastal Management Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Owner Information 2a. Name on Recorded Deed: Big Buck Plantation LLC Inn 2b. Deed Book and Page No. 1888/0457 2c. Map Book and Page No. (include a copy of the recorded map that indicates when the lot was created): Farm land 11 U 2d. Responsible Party (for Corporations): Jimmy Hardison 2e. Street address: 8150 Market Street Ext. 2f. City, state, zip: Washington, NC 27889 2g. Telephone no.: 252-943-1279 2h. Fax no.: 2i. Email address: hardisonfarmayahoo.com 3. Applicant Information (if different from owner) 3a. Applicant is: ® Agent ❑ Other, specify: owner 3b. Name: William Wescott 3c. Business name (if applicable): Wescott Environmental Services, Inc. 3d. Street address: 107 Pelican Bay 3e. City, state, zip: Washington, NC 27889 3f. Telephone no.: 252-402-9662 3g. Fax no.: 3h. Email address: wescottenvironmentalservices(&gmaii.com 4. Agent/Consultant information (if applicable) 4a. Name: William Wescott 4b. Business name (if applicable): Wescott Environmental Services, Inc. 4c. Street address: 107 Pelican Bay 4d. City, state, zip: Washington, NC 27889 4e. Telephone no.: 252-402-9662 4f. Fax no.: 4g. Email address: wescottenvironmentalservices(cbgmail.com FORM: BA 10-2013 Page 1 of 5 INTERNAL DRAFT- NOT FOR PUBLIC USE Section A. Applicant Information, continued - I FORM: SSGP3080 8-13 Page 2 of 5 i i B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 15029282 1 b. Site coordinates (in decimal degrees): Latitude: 35.65945 N Longitude: -77.07929 W 1c. Property size: 204 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Latham Creek 2b. Water Quality Classification of nearest receiving water: Sw 2c. River basin: Tar-Pamlico, 03020103 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: Farm land and timberland. The proposed farm road will connect two fields. 3b. Attach an 8 % x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site 3c. Attach an 8 % x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the project site 3d. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 6,215 linear feet on property 3e. Explain the purpose of the proposed project: Farmer is connecting an existing farm field to a new farm field. 3f. Describe the overall project in detail, including the type of equipment to be used: A dirt farm road will be constructed from upland to upland at the same location loggers crossed the stream channel and buffer. Equipment used will be a dump truck, excavator, and tractor. See attached drawing for road dimensions. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property/ project (including all prior phases) in the past? ® Yes ❑ No ❑ Unknown Comments: 4b. If yes, who delineated the jurisdictional areas? Name (if known): Anthony Scarbraugh Agency/ Consultant Company: NCDWR Other: 4c. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. March 1, 2016 site visit. NCDWR written response on March 22, 2016. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ® Yes ❑ No ❑ Unknown 5b. If yes, explain and detail according to "help file" instructions. USACE issued a'No Permit Required' on March 31, 2016 for a farm road exemption. (copy attached) 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. FORM: BA 10-2013 Page 3 of 5 ti C. Proposed Impacts Inventory Impact Justification and Mitigation 1. Avoidance and Minimization 1. Buffer Impacts 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction will occur during dry time to avoid placing fill material in standing water. Site will be seeded and stabilized immediately after construction. 2. 1 a. Project is in which protected basin? ❑ Neuse ❑ Randleman ® Tar -Pamlico ❑ Catawba ❑ Jordan ❑ Goose Creek 0 e ® No 1 b. Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. Buffer impact Reason for Type of impact number — impact (exempt, allowable, Permanent (P) allowable w/ mitigation) or Temporary Stream name Buffer Zone 1 mitigation impact required? (sq ft) Zone 2 impact (sq ft) 61 ® P ❑ T Farm road allowable Unnamed trib ❑ Yes ® No 2760 1840 B2 ❑ P ❑ T ❑ Yes ❑ No required: B3 ❑ P ❑ T If buffer mitigation is required, is payment to a mitigation bank or NC EEP proposed? ❑ Yes ❑ No ❑ Yes ❑ No If yes, attach the acceptance letter from the mitigation bank or NC EEP. B4 ❑ P ❑ T If no, then discuss what type of mitigation is proposed. 2f. ❑ Yes ❑ No B5 ❑ P ❑ T ❑ Yes ❑ No B6 ❑ P ❑ T ❑ Yes ❑ No Total buffer impacts 2760 1 1840 1c. Comments: 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. Using the same crossing as the loggers used recently. Designed to be minimum width needed to allow farm equipment to safely cross. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction will occur during dry time to avoid placing fill material in standing water. Site will be seeded and stabilized immediately after construction. 2. Buffer Mitigation 2a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? 0 e ® No 2b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation and calculate the amount of mitigation required in the table below. Zone Reason for impact Total impact (square feet Multiplier Required mitigation (square feet Zone 1 3 (2 for Catawba) Zone 2 1.5 Total buffer mitigation required: 2c. If buffer mitigation is required, is payment to a mitigation bank or NC EEP proposed? ❑ Yes ❑ No 2d. If yes, attach the acceptance letter from the mitigation bank or NC EEP. 2e. If no, then discuss what type of mitigation is proposed. 2f. Comments: FORM: BA 10-2013 Page 4 of 5 E. Diffuse Flow Plan All buffer impacts and high ground impacts require diffuse flow or other form of ❑ Diffuse flow stormwater treatment. Include a plan that fully documents how diffuse flow will be ® Other BMP maintained. If a Level Spreader is proposed, attach a Level Spreader Supplement Form. 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the use of If due to site constraints, a BMP other than a level spreader is proposed, please provide a Roadside swale plan for stormwater treatment as outlined in Chapter 8 of the NC Stormwater BMP Manual and attach a BMP Supplement Form. ❑ Yes ❑ No F. Supplementary Information 1. Environmental Documentation 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the use of ❑ Yes ® No public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an ❑ Yes ❑ No environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document been finalized by the State ❑ Yes ❑ No Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: 2. Violations 2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland ❑ Yes ® No Rules (15A NCAC 02H .1300), DWR Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .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): William Wescott 4/6/2016 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agents signature is valid only if an authorization letter from the applicant is provided ) Send 3 complete sets of this form and accompanying documents to the following: For government transportation projects sent by First Class Mail via the US Postal Service: NC DWR, Transportation Permitting Unit 1617 Mail Service Center Raleigh, NC 27699 - 1617 For all other projects sent by First Class Mail via the US Postal Service Karen Higgins NCDWR — 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699 -1617 FORM: BA 10-2013 For government transportation projects sent by delivery service (UPS, FedEx, etc.): OR NC DWR, Transportation Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 For all other projects sent by delivery service (UPS FedEx, etc.): OR Karen Higgins NCDWR — 401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 Page 5 of 5 A �. ALa NLM tss •Hc ;Yi[Y�.-�c -.• . :.rt. � r)ct-'�..Ia(:Yrafti,: ♦ , . w :+ kSi IN 3 7w � I f � ' a y , '9 r y♦ Site Ore Tempie 11 Holy Ch ,. /10 $its - 48 —n-- ------~fir- `'� -- f j "� \Y if i USDA United States Department of Agriculture MRCS Natural Resources Conservation Service A product of the National Cooperative Soil Survey, a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local participants Custom Soil Resource Report for Beaufort County, North Carolina Big Buck Plantation, LLC February 5, 2016 J M .£S �- �l [ O a Of Q) U L �a O (6 N O O U) U) E O N U M „bb 6 aLZ OORME OOSME ooz9b6£ 006Lb6£ 009/06E oouw M.£S,£ oLL M.bbS oa 0 Q) to R* L .3 O O O 6 O 0 F - v 72 N O O L V- 0 (1) N O O L 4� 3 v a 4- N N c a, CL .5 cr v .c 3 t I= v m 3 v m 0 gF L f0 0 v = c� o +� � v N 3 N � to i N L N O N U � c C m C �-+ G1 cu v v 3 ran v a� t t i V - Water Resources ENVIRONMENTAL QUALITY March 22, 2016 Big Buck Plantation, Inc. Attn: Mr. Jimmy Hardison 8150 Market Street Extension North Washington, NC 27889 Subject Property: Farm Road — Big Buck Plantation, LLC UT to Latham Creek, Tar -Pamlico River Basin PAT MCCRORY Goiernor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director DWR # 16-0140 Beaufort County On -Site Determination for Applicability to the Tar -Pamlico River Riparian Area Protection Rules (15A NCAC 2B.0259) Dear Mr. Hardison: On March 1, 2016, Anthony Scarbraugh at the request of your consultant Mr. William Wescott of Wescott Environmental Services, Inc. conducted on-site determination to review unnamed tributary (UT) to Latham Creek located on the subject property for applicability to the Tar -Pamlico Buffer Rules (15A NCAC 2B .0259). The feature is labeled as "16-0140" on the attached map(s) initialed by Mr. Scarbraugh on March 22, 2016. The project is located approximately 0.7 miles to the northwest of intersection of VOA Road and US Highway 17 in Beaufort County, NC. At your request, Mr. Scarbraugh conducted on-site determination as stated above. During his review, he evaluated the stream using the Division of Water Resources (DWR) Stream Classification Form. Feature Not Subject E/I/P* Start@ Stop@ Subject to to Buffers Buffers 16-0140 X P @ Flag 16-0140 Begin @ Flag 16-0140 End • t/l/N — Epnemeral/Intermittent/Perennial The DWR has determined that portion of feature labeled as "16-0140" on the attached map(s), and highlighted in blue is subject to the Tar -Pamlico Buffer Rules. The feature and the associated buffers should be identified on any future plans for this property. The owner (or future owners) should notify the DWR (and other relevant agencies) of this decision in any future correspondences concerning this property. This on-site determination shall expire five (5) years from the date of this letter. The owner (or future owners) should notify the DWR (and other relevant agencies) of this decision in any future correspondences concerning this property. This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations -Washington Regional Office 943 Washington Square Mad, Washington, NC 27889 232.946-6481 Big Buck Plantation, LLC Attn: Mr. Jimmy Hardison Stream Determination Page 2 of 2 DWR or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Karen Higgins, DWR 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650. Individuals that dispute a determination by the DWR or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60 -day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWR recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days. This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the State. If you have any additional questions or require additional information please call Anthony Scarbraugh in the Washington Regional Office at (252) 948-3924. Sincerely, i^�Roj -��q Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Attachments: USGS Topographic 1:24,000 Quadrangle Map "Old Ford" copy of sheet 2, 1995 version of Beaufort County Soil Survey cc: Laserfiche File Copy William Wescott, Wescott Environmental Services, Inc. (via email: wescottenvironmental@gmail.com) Filename 16-0140 A SCALE 1:24000 0 1000 2000 3000 4000 5000 6000 Feet 0000" W 077° 05' 30.0000' W 077° 04' 60.0000" W 077° 04' 30.0000" W 077° 03'60.0000" W 077° IK7 olara"' o Oad �Q ���c� �' z _ ( z g $ MMUM a ° Dlv vMemt6OFAfAl6G1 9t Water Resource Nodi M FOr° r Basin Butt 20...r. Aevt by �' \�1-7 z � M Fta 16-0140 Begin Fea ure:16-0140 5' i G0/-hamrA , z d Z _ A M Gem �0 FIag:16-0140 nd z - z . zo- Cl- ( z nue ` r C; ao R Dad bo r ht C 20tl9 M 2 6-201 To 0000" W 077° 05' 30.0000" W 077° 04' 60.0000" W 077° 04' 30.0000" W 07'7"'03"'60.0000" W 077° SCALE 1:24000 0 1000 2000 3000 4000 5000 6000 Feet Ng t'W ! r`. �T� R ��y,.'S; 4'•(rf ,2,J� . r A ' r i � t �. s'f�i •r ; �• M 7- ' ur Rim 1;i ' 7"'ty� Y •. E �-. z. 1'F'r�y q,t74'�, �l.F .°r : s •3 r��� FAY �45Y.�si tfr��•� �� E - -- •� � + : �n JLt.�s.. - l+�iQt .F, % r'r r•. �r-i r c ., r,� •7 <x �F,� �lr��ft vF fvp 3r Stri.:Cr $• 11 /{ fe' f� �ri� �,J.yr �> � �' d i r _�1 P '�'Y' �`Z`� c � J i � r2 °t'�s?.: -,; ..;•-;`y,•� � ,�: - 'e ��}�� �`i?.d .kfi -,/vt�,��f i o I ::t. , + ro t'�8 r •,, ���+`'r� �1 ��; � .; s � ,: xa n; SAW -2016-00631 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW -2016-00631 County: Beaufort NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED Property Owner: Jimmy Hardison Big Buck Plantation, LLC Address: 8150 Market Stret Ext. Washincton, NC, 278899 Telephone Number: (252) 943-1279 Size and Location of Propegy (waterbody, road name/number, town, etc.): This project is part of an existing agriculture field located off Highway 17 approximately 7 miles north of Washington, NC. An unnamed tributary to Latham Creek flows through the property. Description of Activity: Mr. Hardison would like to construct a farm road over the unnamed tributary so he can access and farm the other side of his property. This property has recently been logged through a silvaculture operation. Your work as proposed does not require Department of the Army authorization for the following reason(s): The road crossing over the RPW is exempt based on USACE 33 CFR 323.4 (a)(6) _ There are no jurisdictional waters or wetlands within the boundaries of the property. _ The proposed project does not impact jurisdictional waters or wetlands. X The proposed project is exempt from Department of the Army regulation. Specify: USACE 33 CFR 323.4 (a)(6). This Department of the Army determination does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. For any activity within the twenty coastal counties, before beginning work, you must contact the N.C. Division of Coastal Management in Washington, North Carolina, at (252) 956-6481 to discuss any required State authorization. Any changes in the above described work must be coordinated with the Corps of Engineers prior to commencement. If you have any questions regarding the Corps of Engineers regulatory program, please contact Gary Beecher at telephone number 910-251-4629 or Gary.H.Beecher@usace.army.mil. Digitally signed by BEKHER.GARY H.1052973208 BEECH ER.GARY.H.1052973208 c°n_-BEKHER.GARYH. 0529 3208 °oD—PKI,ou=usa Regulatory Project Manager Signature blalet2036022100,4BA6 04'96' Date: March 31, 2016 SAW -2016-00631 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at hqp://re,zulato!y.usacesurvey.com/ SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: Wi I I i a n Wescott Wescott Envi ronmental Servi cies, Inc. (252)402-9662 wescottenvironmentalservicesAwnail.com w rw ii h. y. { t f ttl r ii. r