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HomeMy WebLinkAbout20061900 Ver 1_401 Application_20061206 (2)Addendum to the Pre-Construction Notification and "Buffer Rules" Application Required for Projects Submitted Under the "Express Review Program" North Carolina Division of Water Quality Version 5.0 October 1, 2006 Email Address: 401express@ncmail.net Purpose: To provide a detailed explanation of the information required by the Division of Water Quality in order to expedite the review of applications for 401 General Water Quality Certifications, Isolated Wetland Permits, Stream and Wetland Mitigation Plans and Riparian Buffer Approvals (Please Note: do not leave any questions unanswered or use terms such as "N/A" without an explanation). Fees: Y 1 ( ) 0 ~~~~~~ D 401 Water Qualit Certifications: Major >/= 150' stream or >/= 1 acre wetlands $2,000.00 Minor (< 150' stream or < 1-acre wetlands) $1,000.00 Riparian Buffer Authorization: (exclusively or "in addition" to) $2,000.00 U E C 2 7 2006 Riparian Buffer Minor Variance: $1,000.00 Coastal General "Major Variance": $1,500.00 Isolated Wetland Permit: General $1,000.00 DENR-WATER QUALITY 1METl.AI~JS AI~'J STOR4M/.~1TER BRANCG Please read the entire document before attempting to determine the proper fee. Fees are additive for particular projects. Things to keep in mind when filling out the application: A specific answer must be provided for each question. For instance, if a numerical answer is requested then a numerical answer must be provided along with the supporting information necessary for DWQ staff to verify that the number is accurate. Likewise, if explanations are presented to justify certain responses, the explanations must be completely supported by documentation. DWQ staff cannot assume that unsupported or undocumented information is accurate. "N/A" is not an acceptable answer for any question since the DWQ Staff reviewing the application must have an opportunity to determine whether or not any requested information is pertinent. All forms, guidance, worksheets, applications, etc. used must be the current versions as posted on our web site at http://h2o.enr.state.nc.us/ncwetlands. The Express Review Program website can be found at http://h2o.enr.state.nc.us/ncwetlands/express_review.htm. Please note that it will be responsibility of the applicant or the applicant's consultant to verify that the current versions are used. The versions posted on our web site will be considered to be the current versions. You are a very important part of the success of this program, if you have suggestions or clarifications please send your comments to the Wetlands/401 Unit of the DWQ (via email at 401 express@ncmail.net). Filling Out the Pre-Construction Notification Application: The Corps of Engineers (USAGE)/DWQ official, joint Pre-Construction Notification (PCN) Application must be used as a basis for the expedited review process. The completed application should be presented first and the supporting information tabbed and collated in the same order. Using a custom format is not recommended. The open squares (~ are checklist items. The following items correspond to the numbering system on the Pre-Construction Notification Form (PCN): IMPORTANT: USE CHECK BOXES TO TRACK PROJECT INFORMATION-r SECTION I. PROCESSING 1 8 2.The USACE determines which Nationwide, Regional, or General Permit is required. If you have verified with the USACE which permit they intend to use for your project or if you already have written approval from the USACE, please indicate by adding "verified" or "verified, attached", respectively, in the blank next to the Permit number requested. ^ Attach the USACE Approval if you have it. ^ 3. It is not anticipated that the expedited process will be requested for this situation. 4. If you propose to impact 150 feet or more of perennial stream or 1 acre or more of wetland and onsite mitigation is not proposed, it is recommended that you either locate an acceptable private bank with available credits (with documentation to show that the bank can and shall provide the credits needed) or obtain approval from the EEP for the entire amount of stream and or wetland as DWQ will make the final determination as to whether or not mitigation applies. A complete Express application is not considered received unless an EEP approval letter is attached if mitigation is requested through EEP. Please note that the USACE may have different mitigation requirements and thresholds. ^ 5. State whether your project will require a CAMA Minor, Major or General Permit and give the status of the permit. SECTION II - APPLICATION INFORMATION 1. 15 NCAC 2H .502(f) reads as follows: "Who Must Sign Applications. The application shall be considered a "valid application" only if the application bears the signature of a responsible officer of the company, municipal official, partner or owner. This signature certifies that the applicant has title to the property, has been authorized by the owner to apply for certification or is a public entity and has the power of eminent domain. Said official in signing the application shall also certify that atl information contained therein or in support thereof is true and correct to the best of his/her knowledge." ^ Please indicate how the applicant meets the above definition and provide supporting documentation. C~ Please provide all of the requested contact information including a fax number and email address. 2. !?~ If the application is not signed by the applicant, please attach the agent authorization letter. The applicant must sign the agent authorization letter. The applicant's name / and position must also be spelled out as many signatures are difficult to read. 3. [~' Please provide alt of the requested contact information including a fax number and email address. SECTION III -PROJECT INFORMATION The following is the most critical of all the information that you must provide. The quality and detail of the information will often determine the expeditiousness of the review. The following is a checklist of the types of pertinent information required at a minimum: Maps a%nd Plans: ~7 The most recent version of the 1:24,000 USGS Topographic Map- Please cleanly delineate the site boundaries, etc. on the map. If the delineation obscures any of the features, it is recommended that a clean copy be provided. Please indicate the quadrangle name. You can go to the USGS web site (http://mac.usgs.gov/maplistsn to verify the most recent version. C~ The most recent version of the NRCS Soil Survey Map - (required for projects within the Neuse River Basin, Tar-Pamlico River Basin, Randleman Lake Watershed and the Catawba River Basin, also recommended for all projects) -Please cleanly delineate the site boundaries, etc. on the map. If the delineation obscures any of the features, it is recommended that a clean copy be provided. Please indicate the page or map number from which the copy of the map was made. Copies of the current soil survey and/or soil survey map sheets can be obtained from the local NRCS County Office (http://www.nc.nres.usda.govn. GIS soil layers are not acceptable. Vicinity map -Please clearly mark the location and approximate boundaries of the property and project on the map. Please indicate north and scale. Please include applicable road names or State Road numbers. C~ The Site Plan -The most critical map to be provided is the site plan. You must provide full sized plans. The following is the minimum list of plans that are typically needed. Pre-construction/Pre-existing conditions -This sheet must be scaled and include all jurisdictional and non-jurisdictional wetland, stream, water features, State regulated buffers, topographic contours with elevations, approximate extent and nature of forest, field, landscaping, or other cover. Any existing structures and impervious area must be shown. Existing utility lines and easements must be shown. Existing roads, culverts, and other pertinent features must be shown. North arrow and the scale must be shown. Please note that the impact boundaries on the maps should correspond to the flagged impact boundaries in the field. Proposed conditions -These sheets must be scaled and show all existing jurisdictional and non-jurisdictional wetland, stream, water features, and State regulated buffers (delineated into Zone 1 and Zone 2) must be underlain on the site plan(s). The plans must show all built-out structures and impervious cover. The plans must include the final grading contours with elevations. The plans must indicate all utilities and easements. It is likely that several versions of the final built- out site plans will be necessary. [~ Drainage Plans -Final drainage plans must be included. The plans should include the locations and pertinent elevations and sizes of the collection system and drainage ways. All inlets and outlets must also be shown with pertinent elevations. Scaled stormwater BMPs must also be indicated as required by DWQ rules and policies. In certain cases, final stormwater management plans must also be provided, but that will be addressed later in this document. CX Plats -The plans must show the location and layout of all sub-divided parcels with lot identifications. Platted parcels must be developable without further impacts to iurisdictional and non-iurisdictional wetlands, streams, water features, and State regulated buffers. ;~ Proposed Impacts -All impacts to jurisdictional and non-jurisdictional wetland, stream, water features, and State regulated buffers must be shown and labeled on the site plans. All excavation, fill, flooding, stabilization, and other impacts that will be conducted in or near jurisdictional and non-jurisdictional wetland, stream, water features, and State regulated buffers must be indicated. 4 Wetland Impacts (on the site plan): 4~l Precise grading and final elevation contours must be provided. Existing vegetation and any clearing must be specified. ^ All subsurface utility lines must indicate the location of anti-seep collars. Construction detail for anti-seep collars must be provided. ^ Roadway or other crossings of riparian wetlands may require floodway culverts to maintain existing hydrological conditions. ^ When surface drainage features or groundwater recharge areas that feed or would reasonably feed wetlands that are not to be filled are made impervious, it may be necessary to direct some stormwater runoff to those areas in order to maintain hydrology. You must identify these areas and address them. Supporting explanations and discharge information must be provided to show that the wetland would not be eroded or receive too much or too little hydrology. In many cases this could help satisfy part of a stormwater management plan. ^ Flooding ^ Draining Stream Impacts: ~' Stream impacts must be clearly shown on the plans. The centerline as well as the banks of the stream must be surveyed or located by GPS for the portion of the stream to be impacted. Culverting: [~ The inlet and the outlet of the culvert should be aligned with the stream as much as possible. Inlet and outlet elevations and streambed elevations should be indicated. ^ Any widening of the stream must be shown with elevations. ^ The extent of and plan details for all dissipation or grade control devices should be shown with pertinent elevations. For shorter culvert sections, such as for road crossings, a longitudinal cross section that shows the stream bed invert at the inlet and outlet, the existing stream bank elevations and the invert of the inlet and outlet of the pipe(s) must be provided. For shorter culvert sections, such as for road crossings, a vertical cross section must be provided that shows the stream cross section at the inlet and outlet overlain with the culvert and fill cross section. ^ For bottomless culverts or other spans, a vertical cross section should be provided that shows the minimum distance from each span to each stream bank, the stream cross section, the height of the span above the stream and the minimum distance from the edge of each footer to each stream bank. ^ For bottomless culverts or other spans, a plan view must be provided that shows the location of the spans and the stream banks. For longer culverts or culverts that will pass beneath substantial impervious cover, it will be necessary to provide adequate plan detail to show that discharge velocity/energy will be adequately dissipated. iX Cross section details must be provided showing the provisions for aquatic life passage. Aquatic life passage through culverts is typically achieved by placing the invert of the culvert below the existing bed of the stream per the USACE or North Carolina Wildlife Resource Commission guidelines. Other methods such as baffles may also be used. Please be aware that such placement may require the use of grade/velocity control measures up or down stream of culverts on steeper streams to prevent head-cuts or streambed erosion. The culvert placement relative to the streambed can be indicated on the longitudinal profile. Grade and velocity control measures must be indicated on the plan view and typical designs should be provided. Multiple culverts, wide culverts or sectioned box culverts typically require the use of sills, off-setting or other means to match the cross section of the existing stream (in order to maintain stream stability and provide aquatic life passage). A vertical cross section of the culverts should be shown overlain with the up and downstream stream cross section including the stream flood-prone area. ^ Impacts associated with dam construction must indicate and enumerate all fill associated with the dam footprint, spillway and any bank stream bank stabilization. The length of stream impounded must also be indicated and enumerated. Stream Relocations: ^ Stream relocations must be conducted as specified in General Certification numbers 3402 and 3404 (available on the Wetlands Unit web site). Stream relocation plans must include: ^ Morphological measurements (see Appendix B of the Internal Technical Guide for Stream Work in North Carolina available on the Wetlands Unit web site) -not all of the measurements are applicable in every instance. ^ Typical stream cross sections - Typically, a riffle cross section and a pool cross section that includes the entire flood prone area. The bankfull and flood prone area elevations should be indicated. Similarly, a riffle cross section of the reference stream(s) should be provided. ^ Plan view -Provide scaled plans that show the location of the proposed (preferably with stationing) and the existing stream. In most instances, the bankfull contours and flood prone area contours, in stream structures, bank revetments/stabilization, channel plugs, planting plan, vegetation conditions, stormwater outlets, grade controls, bridges, culverts, sewer lines, roads, fencing, and easement lines should also be provided. ~_ Longitudinal Stream Profile - A scaled profile that indicates the thalweg, bankfull, and top of bank elevations should be provided for the design and reference streams. In many cases, it will also be necessary to show the existing land elevations for the design stream. r7 Planting Plan - A planting and/or vegetation management plan should also be provided that makes use of appropriate native vegetation. The plan should indicate the extent, density, and species of plants to be provided. In-stream structure, bank revetment/stabilization, and stormwater outlet typicals - Detailed, typical plans should be provided for all in stream structures, bank revetments or stabilization, and stormwater outlets. The typicals should include materials and specifications as well as relative lengths, positions, and angles. ^ Sediment transport analysis - A sediment transport analysis should be provided based on the current, relevant, accepted practices. The sediment transport analysis should be relevant to the streambed load type and should predict bed load transport equilibrium. Permanent conservation easement or similar means of protection must also be provided. Other Information: 1. The project should always be referred to by this name in all correspondence as well as the DWQ # once it is provided. 2. This only applies to DOT projects, which are not expected to utilize the Express Review Program. ^ 3. This should be the size of the project as identified by the USACE for 404 Permits or / by the Division of Water Quality for Buffer Approvals and Isolated Wetland Permits. Cif 4. Please provide the name (as depicted on the USGS topographic map and DWQ Stream Classification Lists) of the nearest water body(ies) to which your project is a tributary to (e.g. "Neuse River (Falls Lake below normal pool elevation)"). (Do not simple state "stream", "river", "ocean", "sound" or "lake".) Please provide the "stream index number" of the named water body or water body section (e.g. "27-(1)"). Also, please provide the full water quality classification (e.g. "WS-IV NSW CA") of the water body. This information can be obtained from the DWQ web site http://h2o.enr.state.nc.us/bims/Reports/reportsWB.html. 5. Please state which river basin and sub-basin that your project is in (e.g. "Neuse River Basin, NEU01"). This information can be obtained from the DWQ web site http://h2o.enr. state. nc. us/bims/Reports/reportsW B. htm I. 6. Conditions should also be indicated on the existing site plan where applicable. Photos (including aerial photos) can be helpful in describing the existing conditions. ^ 7. You must provide an attachment that explicitly describes what the proposed project will entail from the planning stage to final construction. 8. This can be a simple explanation, but it is critically important because the purpose dictates how the no practical alternatives are reviewed. SECTION IV -PRIOR PROJECT HISTORY Please include copies of all 401 Water Quality Certifications, Isolated Wetland Permits, Buffer Approvals, USACE Permits, CAMA Permits for the site as well as a copy of the final approved, site plan. SECTION V -FUTURE PROJECT PLANS C~' For projects utilizing the express review process, all impacts both present and potential future must be indicated. For instance, the location or configuration of platted lots sometimes suggests that future impacts will be necessary to build, access, or otherwise develop such lots. Failure to account for such potential impacts could delay or disqualify a project from the rapid review process. If you believe that the lot can be developed without impacts, but you anticipate that your assertion may be questioned, it is recommended that you provide a potential building foot print and/or grading plan to show that future impacts could be avoided. SECTION VI -PROPOSED IMPACTS TO WATER OF THE US C~' 1. It is recommended that the individual impacts be described if there are special things to note about the impacts. Typically the most important thing is to have detailed accurate site plans as described above. Please make sure they are clearly labeled. l~ Please include all proposed temporary impacts. 7 Ca' Also, a current, signed delineation map from the USACE should be provided (if available) and a map locating the stream origins signed by the appropriate DWQ Staff must be provided if applicable. g 2. Each impact to a wetland must be clearly labeled and identified on the site plan. The type of impact must be clearly stated. If the impact is temporary, a specific plan must be described or shown as to how the wetland will be restored. Keep in mind that the USACE delineates some features as wetlands that DWQ calls streams. Please list any impacts in this table that DWQ would identify as a stream. If there is any doubt, it is recommended that the impacts be listed as streams. Please follow current DWQ policy with respect to whether a stream is perennial or not. It is recommended that you assume that a stream is perennial (unless you are positive that it is not) so if mitigation is required then the appropriate amount of mitigation would be anticipated or requested from the EEP or private bank. If the EEP or private bank has pre- approved too short of an amount of stream or if inadequate mitigation is proposed, then that situation will result in delays. ^ 3. Sometimes it is difficult to determine whether a feature is a modified natural channel or a ditch, especially in the eastern part of the State. Soils, drainage features, topography, macroinvertebrates, and similar factors, all are important for making that determination. ^ 4. Other items to address not specifically requested in the application include downstream sediment starvation, thermal pollution, low flow releases from dams, and aquatic life passage. Other important considerations are buffer reestablishment or mitigation around ponds on buffered streams. The site plan should include the precise elevation contour of the normal pool as well as the dam footprint. Mitigation is required for wetland flooding of an acre or greater and for stream fill (if over the 150 foot threshold) under the dam footprint and any outlet stabilization. SECTION VII -AVOIDANCE AND MINIMIZATION Avoidance and minimization are critical aspects of an application particularly if you desire the application to be processed expeditiously. The following is a checklist of avoidance and minimization questions that DWQ Staff often look for in applications. ^ Are there any stream crossings at angles less than 75° or greater than 105°? ^ Are there any stream crossings that cross two streams above or at the confluence of those streams? ^ Are there any stream, wetland, water, and/or buffer impacts other than perpendicular road crossing near the edges of the property? ^ Can the stream be relocated as a natural channel design as opposed to culverted or otherwise filled? ^ Is any single stream crossed more than once? ^ Can property access routes be moved or reduced to avoid stream, wetland, water, and buffer impacts? ^ Can a building, parking lot, etc. be realigned to avoid impacts? ^ Can the site layout be reconfigured to avoid impacts? Can headwalls or steeper side slopes be used to avoid/minimize impacts? ~_~ Can a retaining wall be used to avoid/minimize impacts? Can cul de sacs be used in place of a crossing? u Can lots be reshaped or have shared driveways to avoid impacts? If based solely on the practicable physical possibility, the answer is "yes" to any of the above questions then you must have to provide substantial and convincing justification as to why the impacts are necessary. If the impacts are required by a local government or other agency, the claim must be supported with appropriate written documentation from the local government or other agency. Most projects typically involve the need to justify avoidance and minimization. If this information is not readily available, then the express review process may not be the appropriate venue to use. Providing alternative plans (such as plans that avoid the impact, minimize the impact and the preferred plan, similar to those used in environmental assessments) and explanations as to why the preferred plan is needed and why the alternative plans won't work are many times helpful in the no practical alternatives review. SECTION VIII -MITIGATION Mitigation for the Express Review Program, final mitigation plans must be presented up front. The final plans (except for plans that propose payment into the Ecosystem Enhancement Program (EEP), Riparian Buffer Restoration Fund, private mitigation banks, or similar banking instruments) must contain detailed plans, specifications, calculations and other supporting data that show that the appropriate mitigation will be achieved at the ratios required. The design plans must be developed to at least the "90%" level. Monitoring plans must be final and specific. Any means of permanent protection, such as a permanent conservation easement must be provided. If you elect to use the EEP or a private mitigation bank, it is recommended that you request the maximum possible mitigation amount that DWQ may require so that you will not have to get further approval from them on short notice. The EEP and private banks are not part of the expedited review process and cannot be expected to meet any such deadlines. There will be no conditional expedited approvals that require final plans at a later date. It is not recommended that innovative mitigation techniques or greater than 10% preservation be requested as part of an expedited process. SECTION IX If your project requires the preparation of an environmental document under NEPA or SEPA and an approval letter has not been issued by the State Clearinghouse, then you cannot apply under the expedited review process. It is your responsibility to find out if such documentation is required. SECTION X There are many aspects of the Buffer Rules that must be addressed in every application, if applicable. The first and most important thing to keep in mind is that allowable activities that require written Approval from DWQ triggers a review of the entire project for compliance with the Buffer Rules. Diffuse Flow 8~ stormwater Management: The most common issues that arise involve the requirement for diffuse flow of stormwater through riparian buffers. Basically one of three things must be indicated in regards to all "new" stormwater that is collected and subsequently discharged. First, provisions for diffuse flow through the protected buffer must be made. This usually involves the use of level spreading devices designed to the latest DWQ guidance on level spreader design, which is available on our web site. Please keep in mind that it does not matter how far a discharge point is from a buffer. The stormwater must be flowing in a diffuse manner at whatever point it eventually reaches the buffer. If the stormwater will not be flowing in a diffuse manner through the protected buffer at the point it reaches the buffer, then one of the following options may be allowed: ^ You may provide a nitrogen removing measure such as a forested filter strip, grassed swale, stormwater wetland, etc. The measure employed should be designed according to the NC DENR Stormwater Best Management Practices Manual or other DWQ Guidance available at http://h2o.enr.state.nc.us/ncwetlands/regcert.html. After the nitrogen is treated, the stormwater can be directly conveyed through the buffer with written DWQ approval. ^ You may discharge the stormwater to an existing man-made conveyance that currently conveys stormwater through the protected buffer (assuming the conveyance was not constructed in violation of the Rules) as long as that conveyance does not need to be altered to convey the flow. Please remember that there are no other choices. The following checklist is intended to help insure that your application will not be deemed incomplete as a result of improper stormwater design. Stormwater Management (for Buffer Rules compliance only -Also, see Section XI): All stormwater out-falls must be clearly shown and labeled on the site plan for projects in Buffered watersheds. List each out-fall as labeled: ^ Option 1: Level spreading devices designed to the latest DWQ Guidance, and devices that merely control velocity but do not provide diffuse flow such as rip rap dissipators are not proposed. List each of these out-falls as labeled on the site plan and provide a DWQ worksheet available at http://h2o.enr.state.nc.us/ncwetlands/regcert.html: ^ Option 2: Nitrogen removing measures designed to DWQ Standards are proposed for discharges for which diffuse flow through a protected Buffer cannot be met. List each of these out-falls as labeled on the site plan and provide a DWQ worksheet available at http://h2o.enr.state.nc.us/ncwetlands/regcert.html ^ Option 3: The stormwater will be discharged to an existing man-made (not including modified natural channels) conveyance that carries the stormwater through the Buffer. The conveyance was not constructed in violation of the Buffer Rules. List each out-fall as labeled: d All stormwater out-fall must meet one of the options above. (Note: if you cannot check this box your application will likely not be accepted into the express review process.) Site Plans: ~. All applications on properties with DWQ protected buffers must clearly depict the buffers and any impacts to the buffers on the site plans. The impact maps should clearly depict both zones of the protected buffers and the proposed impact areas (provided in square feet). Surface Water & Buffer Delineations: !~ Any surface waters subject to DWQ protected buffers must be field located and accurately depicted on the site plans and impact maps. The width, dimensions and pattern of the surface water must be delineated. The surface water location must not be taken simply from a USGS map, soil survey or local municipality's map. The buffers must be measured from the surface water as required within the applicable buffer protection rule (e.g., all buffers along streams subject to the Neuse and Tar-Pamlico Buffer Rules must be measured from the "top-of-bank" of the stream and not the centerline of the stream). All streams must be surveyed or located by GPS and shown precisely on the site plans. Impact Table: 10 Please provide additional impact tables that clearly state the area of impact for each corresponding impact site. Variances: ^ Projects that require a Major and/or "General" Variance will not be eligible for the use of the Express Review Program (with the exception of the Coastal General "Major" Variance. Mitigation: ^ As opposed to applications that are submitted under our regular process, final mitigation plans must be presented up front (see requirements for Section VIII above). The mitigation plans must comply with the applicable buffer mitigation rule. SECTION XI - STORMWATER Please provide the following information in/regards to potential stormwater requirements: ^ The total acreage of the site. }/- t 5 S (acres) ^ The total built-out impervious acreage 1. ~.~~ (acres) ^ The total area that will be disturbed (acres) C~ If the total area exceeds 20% imperviousness, the development on the site is uniform in density, and you claim that the total impervious area is less than 30%, you must provide a complete, detailed breakdown of the assumed built-out conditions. The breakdown must be detailed enough to show that all potential impervious areas are accounted for. If there are concentrated areas of development such as multi-family, commercial, cluster, club houses, etc. that exceed 30% imperviousness and the total imperviousness for the site does not exceed 30%, a stormwater management plan will likely be required for those areas that exceed 30% imperviousness. Stormwater management plans must be complete with a final design and an executed Operation and Maintenance Agreement. There will be no conditional stormwater approvals for the express review process that allow for approval of the final plans at a later date. Worksheets must be provided that are available at http://h2o.ehnr.state. nc.us/ncwetlands/mitresto.html. SECTION XII -SEWAGE DISPOSAL Response must be clear and detailed. Any disposal method that suggests further impacts may be required other than those shown must be clearly addressed on the site plans. SECTION XIII ^ Answering yes to either of these responses automatically precludes you from the express review process. SECTION XIV -SIGNATURE The name, position and/or title of the applicant must be in type or long hand script here with the signature. It should be the same person as described in Part II. If you have any questions about these requirements, please email the Express Review Program at 401express@ncmail.net and include your question and phone number and the appropriate staff will respond as soon as possible.