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HomeMy WebLinkAbout20080235 Ver 1_Application_20080204eoSci~~~~ ~~~~~~9 ~a ° o "Practical Engineering & Environmental Solutions" January 30, 2008 2050 Northpoint Drive • Suite A •Winston-Salem, NC 27106 Phone: (336) 896-1300 • Fax: (336) 896-1020 Mr. John Thomas e-mail: geosci@geotec.com Raleigh Regulatory Field Office US Army Corps of Engineers 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 Telephone (919) 876-8441 Mr. Steve Tedder Water Quality Regional Supervisor Winston-Salem Regional Office NCDENR 585 Waughtown Street Winston-Salem, North Carolina 27107 Telephone (919) 733-1786 RE: After-the-Fact Water Quality Certification Cameron Village Phase 2, Clemmons, NC Eagle Developing Company 4001-G Country Club Road Winston-Salem, NC 27104 Dear Mr. Thomas and Mr. Tedder: R[C~7'.'N-~ y~ - JAN 3 1 2008 Regional p{{Ce 48'0235 ~, ~~wui nom...... FEB 4 2.0?8 DENR - WAr~R wUkUT'~ WETLANDS AND STORUIWATER BtL1NCH On behalf of Robert Wooten of Eagle Developing Company (Eagle), Geoscience & Technology, P.A. (GeoSci) is pleased to submit the enclosed Preconstruction Notification Form (PCN) for an After-the Fact Water Quality Certification for construction of culvert under a street (Cameron Court), a residential development on the southeast side of Peacehaven Road in Clemmons, NC. The following text contains additional information concerning the proposed project. Where the information pertains to specific items in the PCN, the PCN section numbers are referenced. Authorization for GeoSci to act as Mr. Wooten's agent is attached. Back rg ound In August 2005, Mr. Wooten contracted GeoSci to evaluate a drainage area adjacent to the northeast corner of Cameron Village prior to possible impacts to surface water from proposed development. Based on the NC Division of Water Quality's (DWQ) Stream Classification form that was in use at that time, it was GeoSci's opinion that the surface water in this drainage valley classified below the `intermittent' threshold of 19 points. That is, the observed conditions within the surface water channel did not meet the criteria for an intermittent stream. The USGS topographic map does not indicate surface water of any kind in this drainage. At the time of GeoSci's evaluation, August 30, 2005, the surface water within the drainage and within the boundaries of Eagle's property was discontinuous; that is, within the approximately 150 linear feet (LF) of channel area, the linear footage of surface water totaled approximately 100 LF. A small wetland, 3,207 ft~ or 0.0074 acres, at the distal end of the drainage that was created by emplacement of fill in the adjacent mobile home park was also impacted by the development. Based on our evaluation and the development plans in 2005, it was GeoSci's opinion that the proposed impacts were below the permitting threshold of 150 LF for stream impacts and 0.1 acres of wetland. Therefore, Section 404 and Section 401 permits were not applied for. In June 2007 your office issued a Notice of Violation (NOV). Eagle seeks after-the-fact 404 and 401 Water Quality Certification and a permit for the installation of 147 LF of concrete conduit in the intemuttent stream. Stream and wetland impacts are stated in the PCN forms and indicated on the Sheet 2 (S2, DWQ; S2 & S3, ACOE) ,which is an `as-built' drawing. The impacts are in proximity to the intersection of Cameron Chase and Cameron Court. The surrounding area is primarily residential property with some remaining farmland and wooded areas. It appears that Nationwide Permit # 29 (GC3705) may apply to this project. Based on GeoSci's analysis, it appears that the project is within the thresholds and criteria for this permit. Hydrologic Conditions Surface Water and Wetland The drainage valley on the subject property does not contain a solid or dashed blue line, according to the USGS "Winston-Salem West" and "Clemmons" 7.5-minute topographic quadrangle maps. A portion of the USGS map is included on the drawing cover sheet (DWQ and Figure 1 (ALOE), Muddy Creek is the nearest downstream named tributary located approximately 1,500 feet east of the subject property. Muddy Creek is a Class `C' water (index #12-94-0.5) according to the NC Division of Water Quality (DWQ) basinwide stream classifications available on DWQ website as of the date of this application. As noted above, the drainage valley on the subject property contained approximately 100 LF of defined stream channel with an average width of 2.5 feet. The entire length of the drainage valley on the subject property was approximately 233 LF including approximately 84-feet of wetland. The valley terminates against fill with a drain file that was apparently placed when the adjacent mobile home park was built many years ago. This wetland was evaluated by GeoSci prior to the original development of Cameron Village and was determined to be approximately 0.074 acres. The extent of the wetland is indicated on Sheet 1 (S 1). Project Description (PCN §III.101 Construction details are indicated on Sheet 1. The project consists of: 1) Clearing, grading and filling for the development of 18 residential building lots and erosion/stormwater controls. 2) Placement of 147 LF of 36-inch concrete pipe (RCP) in the intermittent stream in order to fill that area for a road base. 3) Existing wetland was excavated to construct two temporary sedimentation basins and aflared- end-section at the discharge of the 36-inch RCP. The sediment ponds may become permanent stormwater controls or revert to wetland status. Wetlands Impacts (§VI.1) The wetland impacts are confined to the wetland on the subject property. These impacts are the result of the construction of the sediment basins described above and on S2 (DWQ, ACOE) and S3 (ACOE). Silt fences were installed on the southern subject property boundary to prevent incidental impact on the adjacent property. Based on the as-built topography at the discharge of the intermittent stream, it appears that the hydrology and topography is relatively the same as prior to the impacts. Therefore, it is GeoSci's opinion that wetland status will be restored over time. Stream Impacts (§VL4) As indicated above, the impact to the intermittent stream is limited to the 147 LF of RCP and incidental impacts caused by grading and excavation equipment. Impact Justification (Avoidance and MinimizationZ„~VII: The impacts of the sediment basins and the flared-end-section are limited to the 0.074 acres of wetland on the subject site. Since the hydrology that created the wetland originally appears to be intact, it is likely that the wetland will be restored over time. The original plans for this phase of the development were to pipe the intermittent stream for its entire length, ending in the existing intake on the adjacent property. The stream impact was reduced to 147 LF from approximately 208 LF and the wetland area is relatively intact, except for the pre-existing vegetation. The impact to the stream could not be avoided if the area north of the valley was to be included in the development. The original and one (1) copy of this application are enclosed for the Corps of Engineers. Five (7) copies are enclosed for the Division of Water Quality. A check made payable to the NC Division of Water Quality for the application fee of $240.00 is attached to the cover page of one copy of the application sent to the NC DWQ. Please let me know if you have any questions or require further information with regards to this application. With best regards, GEOS~1*AjCE AND TECHNOLOGY, P.A. ~:~ ~~ 5~~,~ Carl vo enbur , ~ t-~~~ Senior Civil Engineer ~ ~ c~~ ~ Kg `d`` e~3 PF~~~dF ~k,' C. ~d~ ~"~ enclosures: PCN forms ~4g~ ~(;~~,~ Original and one (Y~copy to John Thomas, COE Five (5) copies to Steve Tedder, DWQ attachments: Authorization Letter from Eagle Developing to GeoSci Check for $240.00 application fee attached to one copy sent to NC DWQ Letter from Eagle Authorizing GeoSci as Agent Eagle Developing, Inc 4001-G Country Club Rd. W-S, NC 27104 Tel (336) 768-5432 Fax (336) 768-6730 Attn: Peter DeVries Eagle Developing does hereby appoint Geoscience & Technology, P. A. as our acting agent in the case of the after the fact permit for the strean culvert at Cameron Village. ~- Robert Wooten PCN Application Forms ~l• Office Use Only: Form Version March OS oa-0235 USACE Action ID No. DWQ No. (lt any particutar item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing ~ 1. Check all of the approval(s) requested for this project: ~`'~' X^ Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ~ 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 29 (GC37o5) 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), c e k e e: ~ _ ~~ II. Applicant Information D FEB 4 2008 1. Owner/Applicant Information Name: Eagle Developing Company DENF2 - WATER CIUALJIY Maillrig Address: 4001-G Country Club Rd. Winston-Salem, NC 27104 ~T ' Telephone Number: 336.768.5432 Fax Number: 336.768.6730 E-mail Address: eaatedevetonina@bettsouth.net 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name; Carl von Isenburg, P.E. Company Affiliation: Geoscience & Technology, P.A. Mailing Address: 2050 Northpoinr Dr. Winston-Salem, NC 27106 Telephone Number: 336.896.1300 Fax Number: 336.896.1020 E-mail Address: cvi@geotec.com Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps maybe included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Cameron Village Subdivision Phase II 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): Forsyth County Tax Block 4233 Lot 407D 4. Location County: Forsyth Nearest Town: Clemmons Subdivision name (include phase/lot number): Cameron Village Subdivision Phase II Directions to site (include road numbers/names, landmarks, etc.): The site is located on the southeast side of Peacehaven Road, approximately 0.8 miles northeast of the intersection of Peacehaven Road (SR 1891) and Lewisville-Clemmons Road (SR 1103). 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 36.osoo °N 80.3731 °W 6. Property size (acres): 5.4 7. Name of nearest receiving body of water: Muddy Creek 8. River Basin: Yadkin (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this annlication: The property is graded and is prepared for residential development and is adjacent to a multi phase residential development and an older mobile-borne community. The surrou~uling area is primarily residential with some agricultural land. Page 6 of 12 10. Describe the overall proiect in detail, including the type of equipment to be used: Applicant has installed 147' of 36-inch Class IV RCP culvert in the existing intermittent stream discharging to a temporary sediment trap. Typical excavation equipment, such as trackhoes, backhoes, and bulldozers was used. 11. Explain the purpose of the proposed work: The purpose of the project is fill the stream valley to provide roadway access to lots at the north end of the subdivision. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. To our knowledge, no jurisdictional determinations and/or permits have been requested and/or obtained for this project. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No future permit requests are anticipated for this project. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach -a separate sheet. 1. Provide a written descrintion of the nronosed imnacts: The wetland was impacted by excavation, grading and the installation of two temporary sediment cotnrol basins. Existing vegetation was removed during this process; however, the hydrology of the area has not changed and the area will probably revert to wetland status over time. The impact to the intermittent stream consists of installation of 147 LF of 36-inch RCP culvert in order to fill the area for the roadway. Page 7 of 12 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain es/no Distance to Nearest Stream linear feet Area of Impact (acres) 001 Excavation, fill, grading Forested No 1500 0.074 Total Wetland Impact (acres) 0.074 3. List the total acreage (estimated) of all existing wetlands on the property: 0.074 (see text) 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acres e, multi 1 len h X width, then divide b 43,560. Stream Impact Number indicate on ma Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Length linear feet Area of Impact acres 002 UT to Muddy Creek Culvert Intermittent 2.5 feet 147 0.0084 Total Stream Impact (by length and acreage) 147 0.0084 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dyed 'n , floodin ,drains e, bulkheads, etc. Open Water Impact Site Number indicate on ma Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. Area of Impact acres No open water impacts Total Open Water Impact (acres) 0.0 Page8of12 6. List the cumulative im act to all Waters of the U.S. resultin from the ro'ect: Stream Im act (acres): 0.0084 Wetland Irri act (acres): 0.074 O en Water Im act (acres): o.o Total Im act to Waters of the U.S. (acres) O.os2 Total Stream Impact (linear feet): 147 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ©No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): lva Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): NA Current land use in the vicinity of the pond: lvA Size of watershed draining to pond:lvA Expected pond surface area: lvA VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Development of the the residential lots was not economically feasible unless the stream valley was filled and piped in order to provide access to lots at the north end of the project. The existing wetland, which has been impacted by grading operations should revert to a wetland as viable as the pre-existing one. See text for more explanation. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at httn://h2o.enr.state. nc.us/ncwetlands/strm~ide. html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Based on the apparent total wetland impact of less than 0.1-acres and less than 1 SO GF of stream impacts, mitigation is not proposed. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): None Amount of buffer mitigation requested (square feet): None Amount of Riparian wetland mitigation requested (acres): None Amount ofNon-riparian wetland mitigation requested (acres): None Amount of Coastal wetland mitigation requested (acres): None Page 10 of 12 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federaUstate/local) funds or the use of public (federaUstate) land? Yes ^ No X^ 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No Q 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* I ~n^ImpaotQ4` I Multiplier I Required 3 (2 for Catawba) 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. None proposed Page 11 of 12 XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Total site acreage is 5.4. Existing impervious area is zero. Proposed impervious area is approximately 1.1 acres or 20.4%. Impervious acres includes paved roadways, estmated driveways for 16 lots, and estimated housing footrints for 16 lots. Two of the proposed 18 lots will probably not be developable. There are two temporary sediment basins at the southern property line (see Sheet 2), which will become permanent Stormwater detention ponds. XII. Sewage Disposal (required by DWQ) 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. Wastewater disposal will be provided by Town of Clemmons to the local POTW. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No ~ Is this an after-the-fact permit application? Yes Q No ^ XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at httu://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The proposed project will encompass the entire tract; therefore, there is no room for additional development. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). ~~ ,.~- (~Sc* h~ivirJ~ o l~~S 7 -~i~plic nt/ ge 's Signature Date (Agettt's,~ignature s valid only if an authorization letter from the applicant is provided.) Page 12 of 12