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HomeMy WebLinkAbout20070389 Ver 4_More Info Received_20080221 KELLER ENVIRONMENTAL ENVIRONMENTAL CONSULTANTS 7921 Haymarket Lane, Raleigh, NC (919) 844-7437 Fax (919) 844-7438 February 21, 2008 o1-o3gq V4 To: NC Division of Water Quality 401 Oversight and Express Permits Unit Attn: Ian McMillan 2321 Crabtree Boulevard Suite 250 Raleigh, North Carolina 27604-2260 US Army Corps of Engineers Raleigh Regulatory Field Office Attn: Eric Alsmeyer 3331 Heritage Trade Drive Suite 105 Wake Forest, North Carolina 27587 Re: Golden Forest Subdivision Impact Adjustment Granville County, North Carolina Dear Mr. McMillan & Mr. Alsmeyer spoke with the engineer, Tim Stall, and he clarified the jurisdictional impacts resulting from the culvert length increase. I apologize for the inconvenience this has placed on your time. The stream culvert lengthening will result in increased stream impacts from 129 to 146 linear feet. This includes 7-feet of temporary impacts. This new stream impact footage is also reflected on pages 4 & 5 of the attached/revised PCN. We are requesting a modification to the 401 Water Quality Certification (GC3631) and the 404 Nationwide Permit 29 to reflect these additional impact areas. Please contact me at (919) 844-7437 (office) or (919) 749-8259 (cell) or jay(a_kellerenvironmental. com if you have any questions or require any additional information. Sincerely, KELLER ENVIRONMENTAL, LLC /JJaKeller Principal FEB 2 1 2008 Cc: Tim Stall, P.E. Attachments: Revised Pre-Construction Notification (PCN) Application Form February 8, 2008 Request For More Information Letter Office Use Only: USACE Action ID No. Form Version March 05 DWQ No. 07-0389 \/ , (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® 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 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), check here: ? II. Applicant Information D 1. Owner/Applicant Information FEB 2 1 2008 Name: Julianna O. Wright Mailing Address: 6604 Six Forks Road Suite 104 WE TL ANDS AND STORMWATER BRANCH Raleigh NC 27615 Telephone Number: 919-847-5731 Fax Number: 919-870-9148 E-mail Address: iulie wright(ci-bellsouth.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: Jay Keller Company Affiliation: Keller Environmental Mailing Address: 7921 Haymarket Lane- Raleigh NC 27615 Telephone Number: (919) 844-7437 Fax Number: (919) 844-7438 E-mail Address: iay(a?kellerenvironmental com Page I of 9 III. Project Information Attach a vcidity 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 may be 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: Golden Forest Subdivision 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 183600586945, 183600570506 4. Location County: Granville Nearest Town: Creedmoor Subdivision name (include phase/lot number): Golden Forest Directions to site (include road numbers/names, landmarks, etc.): Site is located east of Wilton, (hwv 96 & 56 intersection) on 56, North (left) on S.R. 1625 (Grove Hill Road) left on S.R. 1629 (Flat Rock Road). Go about Y2 mile. Property on left. 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): 36.136666 ON 78.540278 °W 6. Property size (acres): 77.33 Acres 7. Name of nearest receiving body of water: Ford Creek 8. River Basin: Tar - Pamlico (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 application: Site is comprised of mature hardwoods with four perennial streams. The first perennial stream is Ford Creek and is located near Flat Rock Road. Two perennial streams are located in the northeastern property area and confluence prior to flowing into Ford Creek. The fourth perennial stream is in Page 2 of 9 the southwest corner and flows towards NC-56 Adjacent land uses include residential, agriculture and silviculture 10. Describe the overall project in detail, including the type of equipment to be used: We are proposing to install a road crossing of Ford Creek as part of the construction of Golden Forest Road. Fifty (50) low density homes are also proposed in coniunction with this project. Equipment to be used includes pumps trackhoes bulldozers and other land grading and bridge equipment 11. Explain the purpose of the proposed work:_ The proposed impacts to Ford Creek and wetland areas will be necessary to complete Golden Forest Road and their accompanying lots. 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. DWQ Proiect # 07-0389: Application submitted March 14, 2007 and additional information on April 27, 2007 The project was withdrawn on May 7 2007 The project has been redesigned to avoid second stream crossing and provide topographically suitable stormwater control devices. 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 As noted in the May 7 2007 DWQ withdraw letter, there is an area to the southwest of the property near NC-56 that may be developed in the future. Since both streams run contiguous to the property lines there are no wetland stream or riparian impacts anticipated Moreover, deed notifications will be placed on the properties similar to the ones included on this project Exclusion of this work from the current application is due to several reasons including hunting, forestry, and incomplete land data 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, Page 3 of 9 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 description of the proposed impacts: Permanent impacts to the Ford Creek totaling 139 linear feet are anticipated for the Golden Forest Road stream crossing. This crossing will involve 76-feet of one 78-inch diameter RCP, headwalls, and 32-feet of NCDOT Class I rip-rap energy dissipater pad. 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 Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, I00-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) (yes/no) (linear feet) 1 Earthen Fill Forested No 15' 0.076 Total Wetland Impact (acres) 0.076 3. List the total acreage (estimated) of all existing wetlands on the property: 0.5 Ac. 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 acreage. multinlv length X width- then divide by 43.560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact (indicate on ma) Before Impact (linear feet) (acres) 1 Ford Creek Temp . Coffer Perennial 4' 7' 0 0006 Dam . Culvert, 1 Ford Creek Headwall, & Perennial 4' 139' 0.0128 Rip-rap Pads Total Stream Impact (by length and acreage) 7' Temp. 0.0128 139 Perm. Perm. 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, dredging, flooding, drainage, bulkheads, etc. Page 4 of 9 Open Water Impact Site Number Name of Waterbody (if applicable) Type of Impact Pact Type of Waterbody (lake, pond, estuary, sound, bay, Area of Impact (indicate on ma) ocean, etc.) (acres) ) None Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting Ernm the nrnieet• Stream Impact (acres): 0.013 Wetland Impact (acres): 0.076 Open Water Impact (acres): 0.0 Total Impact to Waters of the U.S. (acres) 0.089 Total Stream Impact (linear feet): 139 permanent 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 USAGE. 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.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be 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. This subdivision has been revised to eliminate a second stream crossing The remaining stream crossing is necessary to access this property The proposed Golden Forest Road crossing was strategically placed at a very straight section of Ford Creek There is a perennial stream confluence immediately to the east and a major stream bend to the west The location of the culvert, headwalls and dissipater pad were placed to avoid impact to the major downstream stream bend (as seen on the site plan) Headwalls were utilized to Page 5 of 9 minimize stream, wetland, and buffer impacts. The culverts will be placed at least 12- inches below the stream bed in accordance to best management practices (BMP's) to allow aquatic passage. 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. 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 http://h2o. enr. state.nc.us/ncwetlands/strmgide.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. The proposed project should not be required to provide mitigation for the proposed impacts. This is due the efforts of the developer's team to avoid jurisdictional areas to the maximum extent possible. Impacts to the perennial streams and wetlands are less than 150 linear feet and '/Z acre, respectively. Deed notifications (attached) will also be placed on the lots bordering riparian areas. As shown on the Site Plan, sufficient room is provided for homes and driveways without encroachment into the buffer areas. 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 Page 6 of 9 additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/M/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): 0 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount of Non-riparian wetland mitigation requested (acres): 0 Amount of Coastal wetland mitigation requested (acres): 0 IX. X. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 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 ? 3. 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 ? 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. 1. 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 Tar-Pamlico )? Yes ® No ? 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* Impact Multiplier Required (square feet) Mitigation 1 6,600 3 (2 for Catawba) 2 4,300 1.5 Total 10,900 (0.25Ac.) Page 7 of 9 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. Not Required 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. Quantity Area Area Proposed % (square feet) (acres) Impervious Roadways 4,722 118,050 2.71 Lots * 50 250,000 5.74 368 050 8.45 Impervious Area , (8.45/ 77.33) Total Tract Area 77.33 * Impervious area allowed per lot= 0.115 Ac. (5,000 SF) Please refer to "Site Plan Information" for details. While under construction, temporary, custom sedimentation basins will be installed outside of the wetlands streams and riparian buffer areas to protect them against sedimentation along with other appropriate sedimentation and erosion control measures in compliance with North Carolina Sedimentation and Erosion Control requirements. By utilizina stormwater pre-treatment BMP's such as: low-densitv lots. curb-less streets ephemeral waterways, and wetlands, usage of diffuse flow measures was minimized. Due to the significant topography, a 70 x 46 SF Grass Bioretention Cell is proposed for Lot 50. Please refer to the attached bioretention cell worksheet and details sheet. Since bypass swales are proposed for the bioretention cell and level spreader, impacts to the riparian areas have been included with Section X. There are two iurisdictional wetland areas that will be utilized for water aualitv. The first is adjacent to the proposed Ford Creek Golden Forest road crossing. There is a very small (2,000 SF) drainage area between Flat Rock Road, Ford Creek, and Lot 50 home and driveway. Runoff from this area will be dissipated below 2 CFS prior to discharging to the wetland area. Existing Flat Rock Road drainage will be conveyed under Golden Forest Road through a culvert. The second wetland area is located on Lot 22. Similar to Lot 50. the 4.82-Acre drainaae area will be dissipated prior to enterina the linear wetland. A concrete level spreader is proposed at the rear of Lot 32. Please refer to the attached level spreader worksheet and details sheet. Also included are signed and notarized Page 8 of 9 Operation and Maintenance Agreements for both the level spreader and bioretention cell. 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. This subdivision will be serviced by private wells and private ground absorption septic systems. 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 ? 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 http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Having reviewed the draft internal policy concerning cumulative impacts this subdivision is unlikely to damage downstream water quality and should not require additional analysis. 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). None February 21 Xpofcant/Agent's Signature Date s signature is valid only if an authorization letter from the applicant is provided.) Page 9 of 9 Michael F. Easley, GnVCMOT William G. Ross Jr., Secretary North Carolina Department of Environment and Nattiral Resources Coleen 14, Sullins, Director Division of Water Quality February 8, 2008 CERTIFIED MAIL: RETURN RECEIPT REQUESTED Site Technologies, Inc. PO Box 1612 Oxford, North Carolina 27565 $uf?1eGt P,ropefty:,_.„.,, ...._pl*rri Forest .Subdiviatom Permitting fee REQUEST FOR MORE INFORMATION Dear Sir/Madam: DWQ Project # 07°0389 Ver 4 Granville County On February 7, 2008, the Division of Water Quality (DWQ) received your application for the above referenced project. Please provide the following so that we may continue to review your project. Additional Information Requested: Incorrect permitting fee. Please note that beginning July 1, 2007, the N.C. General Assembly passed an increase for application fees for all regulatory programs administered by DWQ. The director of DWQ determined that the fee increase would specifically become effective for the 401 Program on September 1, 2007. Applications received as of September 1, 2007 with insufficient funds to meet the legislation will be returned. Your check # 1920 for $240 is herein enclosed for fee correction. DWQ does not retain any payment unless it is in the correct amount. The fee for applications is $240 for projects impacting less than an acre of wetland and less than 1.50 linear feet of streams whether intermittent or (perennial). For projects impacting one or more acres of wetland or 150 or more feet of streams (whether intermittent or perennial), the fee is $570. Temporary impacts are considered in the overall impact total. Please remit $570. You may remit the original check with an additional one for the outstanding $330, or writer one new check. Please contact this office in writing. If we do not hear from you within three weeks:, we will assume that you no longer want to pursue this project and we will consider the project as returned. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Mr. Ian McMillan or me at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Nona Carolina 401 Oversight/Express Roviaw Permitting Unit Y r"?llr f?! 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919••733.1.786 / FAX 919-733-6893 / lntemet: ht?;?! IgiL% ariO4 An Pqua.1 Opportunity/Affirmative Action Employer -• 50% Recyclad/10% Post Consumer PaWr Since I Cyndi Karoiy, Supervisor A401 Oversight/Express Review Permitting Unit C13Kgjd Enclosure. Check #1920 for $240 cc: Lauren Witherspoon, D'WQ Raleigh Regional Office USAGE Raleigh Regulatory Field Office Julianna Wright, 10931 Strickland Rd., Raleigh, NC 27615 Keller Environmental, Jay Keller, 7921 Haymarket Ln., Raleigh, NC 27615 File Copy + check copy Central Files + check copy F:ilwaine: 070389Ver4GoldenPorest(Granville)_Hoid_Rel mCk-