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
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Custom Soil Resource
Report for
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North Carolina
Big Buck Plantation, LLC
February 5, 2016
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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
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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
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