HomeMy WebLinkAbout20080421 Ver 2_Application_20080312AVOLIS ENGINEERING, P.A.
-.32 P.O. Box 15564 • New Bern, North Carolina 28561 • (252) 633-0068
February 12, 2008
Ms. Cindy Karoly
Supervisor
401 Oversight/Express Review Permitting Unit
NCDENR - Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: Village at Croatan Subdivision
Catfish Lake Road, NCSR 1100, Township No. 6, Craven County, North Carolina
AE Project No. 06162
Dear Cindy:
Attached please find a 401 Water Quality Certification application for he referenced project
consisting of the following:
• Permit Application (Seven Copies)
• Project Plans (Seven Copies)
• Density Calculations (Seven Copies)
WVIA9)
MAR 12 2008
DENR -,NATER Q11110"
WETLANDS AND S'f ORMV OER BRANO?
• USGS Map (Seven Copies)
• DWQ "Blue Line" Stream Determination (One Copy)
• Permit Fee $240
It is requested that you review the attached permit application and if deemed appropriate issue a
401 Water Quality Certification for the proposed impact.
If you should have any questions or need any additional information to process this request,
please do not hesitate to call.
Sincerely,
evin Avolis, P.E.
ice-President
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
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:
29
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 ? ? 0 V 15 D
1. Owner/Applicant Information MAR 1 2 2008
Name: LRH Development, LLC DENR - WATER QUAUTV
Mailing Address: P.O. Box 162s
New Bern. NC 28563
Telephone Number: 252-637-9770 Fax Number:
E-mail Address:
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: Kevin Avolis. P.E.
Company Affiliation: Avolis Engineering, P.A.
Mailing Address: P.O. Box 15564
New Bern, NC 28561
Telephone Number: 252-633-0068 Fax Number: 252-633-6507
E-mail Address: avoliseng(,lpmonline.net
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 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: The Village at Croatan
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 6-207-013 & 6-207-012
4. Location
County: Craven Nearest Town: New Bern
Subdivision name (include phase/lot number): The Village at Croatan
Directions to site (include road numbers/names, landmarks, etc.): U.S. Highway 70 East
towards Havelock Right on NCSR 1100. Project is on right past railroad track.
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): 34° 58' 02" ON 76° 58' 16" °W
6. Property size (acres): Brices Creek C Sw NSW 68.65 Acres
7. Name of nearest receiving body of water: Neuse Brices Creek C, Sw, NSW
8. River Basin: Neuse
(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/mgps/.)
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 presently covered with timber vegetation. One
residence is located at intersection of NCSR 1100 and NCSR 1101 on site.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
See attached narrative.
11. Explain the purpose of the proposed work:
See attached narrative.
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.
No previous impacts permitted U.S. Army Corps of Engineers Tracey Wheeler) has confirmed
wetland delineation.
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.
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 description of the proposed impacts:
See attached narrative.
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,
cenaratAv list imnactc dine to both stnicture 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
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
1 Fill Forested No 500' 0.06
2 Fill Forested No 0 0.07
3 Fill Forested No 300' 0.11
4 Fill Forested No 0 0.09
Total Wetland Impact (acres) 0.33
3. List the total acreage (estimated) of all existing wetlands on the property: 13.7 Acres
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
mutt he included. To calculate acreage- multinly leneth X width. then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
2 UT Fill/Culvert Intermittent 12' 50' 0.14
4 UT Fill/Culvert Intermittent 8' 50' 0.09
Total Stream Impact (by length and acreage) 0.23
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 excavatinn dredaina flnndina_ drainaae_ hulkheads_ 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)
None
Total Open Water Impact (acres)
Page 8of12
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): Included in Wetlands Total 0.23
Wetland Impact (acres): 0.33
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.33
Total Stream Impact (linear feet): 100,
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.): Excavation
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Stormwater Requirements
Current land use in the vicinity of the pond: Timber Land
Size of watershed draining to pond: 68.31 Expected pond surface area: 76,199 SF
Total in 4 Ponds
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.
See attached narrative.
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
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.
NCEEP Payment
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/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): None
Amount of buffer mitigation requested (square feet): 54,890 SF
Amount of Riparian wetland mitigation requested (acres): 0.15 AC
Amount of Non-riparian wetland mitigation requested (acres): 0.18 Ac
Amount of Coastal wetland mitigation requested (acres): 0
Page 10 of 12
IX. 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 ? N/A
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 ? N/A
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.
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 )? Yes ® No El
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 14,286 3 (2 for Catawba) 42,858
2 8,021 1.5 12,032
54,890
Total 22,307 (1.26 AC)
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 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 213.0242 or .0244, or .0260.
NCEEP Payment
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.
17.71 acres total impervious on 68.65 acres 25.79%.
See attached calculations.
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.
Sewage disposal through City of New Bern public sewage system. Low pressure sewer.
Permit No W00031263
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:
Lot layout completed to avoid future impacts to wetlands.
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).
See attached narrative.
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
PROJECT NARRATIVE
Village at Croatan Subdivision
Catfish Lake Road, NCSR 1100
Craven County, North Carolina
Project Description
This project consists of the development of a 183 unit residential development located on 68.65
acre parcel of land located in Township No. 6, Craven County, North Carolina. The subject
property is located on the southern side of U.S. Highway 70 approximately halfway between the
City of New Bern and Havelock. It is proposed that a public road and public utility system be
extended throughout the parcel in order to provide direct access and utility services to the
proposed residential subdivision. The subject property is presently wooded. A small residential
dwelling is located on the southeastern corner of the subject property immediately adjacent to
Catfish Lake Road. The residential dwelling will be demolished as a part of the proposed
redevelopment on the site.
Section 404 Wetland areas have been delineated on the subject property. The wetland
delineation has been surveyed and is presented on the enclosed project plans. Ms. Tracey
Wheeler with the U.S. Army Corps of Engineers has visited the project site and has visually
confirmed the wetland delineation as depicted on the plans.
Neuse Riparian Buffer areas are also present on the subject property. Mr. Chris Pullinger, a
representative of the Division of Water Quality has visited the subject property and has
confirmed the presence of "blue line" streams on the subject property. The extent of the Neuse
Riparian Buffer areas are presented on the project plans.
Proposed Impacts
It is proposed that Section 404 areas and Neuse Riparian Buffer areas be impacted in order to
construct the proposed Village at Croatan Subdivision. Specifically, it is proposed that a total of
0.33 acres of Section 404 Wetlands be impacted and that a total of 22,307 square feet, 0.51 acres
of Neuse Riparian Buffer areas be impacted. The proposed impacts are associated only with
proposed road and utility network installation. The proposed impacts will occur at one of four
road wetland crossing locations as delineated on the project plans. It is proposed that no other
wetland impacts occur on the subject property.
It is proposed that roadway crossings be constructed through four existing wetland areas. These
roadway crossings have been coordinated to the extent possible with an existing earthen road bed
network that runs throughout the site. Wetland areas have been previously impacted by this
earthen road network that was constructed at some point in the past. Two of the three proposed
road crossings are coordinated with the existing earthen road bed to minimize total wetland and
buffer impacts.
It is proposed that typical construction equipment such as bulldozers, excavators, graders and
dump trucks be utilized to excavate and place fill across the wetland areas. Once filled, a gravel
and asphalt road surfacing material will be installed and all disturbed surfaces not cover with
such will be stabilized with vegetative cover.
The purpose of the proposed work is to provide access to large upland parcels scattered
throughout these project sites in order to allow access for residential development. A summary
of the proposed wetland impacts as presented on the project plans is as follows:
CROSSING -## SECTION 404
WETLAND
IMPACTS
ZONE I BUFFER
IMPACTS
ZONE 2 BUFFER
IMPACTS
TOTAL BUFFER
IMPACTS
1 0.06 AC NONE None NONE
2 0.07 AC 5,256 SF 3,055 SF 8,311 SF
3 0.11 AC NONE NONE NONE
4 0.09 AC 9,031 SF 4,967 SF 13,998 SF
TOTAL 0.33 AC 14,287 SF 8,022 SF 23,309 SF
Impact Justification (Avoidance and Minimization)
The proposed Village at Croatan Subdivision was designed to the extent practical to minimize
impacts to wetland and Neuse Riparian Buffer areas. Specifically, an existing earthen road
network was installed throughout portions of the property in the past. This road was apparently
originally installed as a timber management type road. Wetland areas were impacted by road
crossings along this earthen road during its initial construction. When the Village at Croatan
Subdivision was designed, road crossings through wetland areas were coordinated with the
existing earthen road crossing location in order to avoid additional impacts to wetland and buffer
areas. Specifically, two of the four wetland crossing points occur at locations coinciding with
existing earthen road crossing points.
At all road crossings, the extent of impact is limited to the right-of-way areas. A curb and gutter
road section is being employed in order to minimize side slope fill areas. Additionally, road
crossings have been maintained as perpendicular as possible to the natural wetland runs.
The lot layout was prepared to avoid any additional individual on lot impacts to wetlands or
Neuse Riparian Buffer areas. Suitable building areas exist on all lots without impacting any
wetland or Neuse Riparian Buffer areas.
M,
r121 . ' 'l1 cl .'.
PRaGRAM
March 5, 2008
Rick Scheper
LRH Development, LLC
P.O. Box 162
New Bern, NC 28563
Project: The Village at Croatan
Expiration of Acceptance: September 5, 2008
County: Craven
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of
the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice
will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized
work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
Neuse
03020204 Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impacts 0 /00 0 0.16 0.17 0 14,286 8,021
Credits 0 qo 0 0 0.32 0.34 0 42,858 12,031.50
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at (919) 716-1921.
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Tracey Wheeler, USACE-Washington
Chris Pullinger, NCDWQ-Washington
Kevin Avolis, agent
File
Sincerely,
Willi D. Gilmore, PE
Direct r
Pro", our .flog
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 1919-715-0476 / www.rnceep.net
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