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HomeMy WebLinkAbout20080924 Ver 1_401 Application_2008060808-0924 PAYMENT RECENIED Amenity and Recreational Pond Project For Ray Durham Residence Stanley, Gaston County North Carolina Joint Application Form and Supporting Documentation for NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS AND NCDENR Prepared For Mr. Ray Durham c/o Bryan Beaty Jim Beaty and Associates 10220 Couloak Drive, Suite B Charlotte, NC 28216 Prepared By: Leonard S. Rindner, PWS Environmental Planning Consultant 3714 Spokeshave Lane Matthews, NC 28105 (704) 904-2277 EIN@190WRO May 31, 2008 JUN 6 2008 DENR-WATER QUALITY WETLANDS AND STORMWATER BRANCH Page I of 10 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: X Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ X 401 Water Quality Certification* ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit #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: NA 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 1. Owner/Applicant Information Telephone Number: E-mail Address: Ray Durham c/o Bryan Beaty Jim Beaty and Associates 10220 Couloak Drive, Suite B Charlotte, NC 28216 Fax Number: JUN 6 2008 DENR - WATER QUAUT1 WETLANDS AND STORMWATER BRANCH 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: Leonard S. Rindner PWS Company Affiliation: Leonard S. Rindner PLLC Mailing Address: Wetlands and Environmental Planning Group 3714 Spokeshave Lane Matthews NC 28105 Telephone Number: 704 904 2277 Fax Number: 704 847 01 85 E-mail Address: len.rindnel-.pws u! rmail.com Page 2 of 10 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: Amenity and Recreational Pond for Ray Durham Residence 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: Gaston Nearest Town: Stanley Subdivision name (include phase/lot number): Ray Durham Residence Directions to site (include road numbers/names, landmarks, etc.): see attached map; west on Dallas - Stanley Highway from Stanley. 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): 35.3424°N 81.1143 °W 6. Property size (acres): Area depicted on map is approximately 30 to 35 acres 7. Name of nearest receiving body of water: UTofMauneyCreek River Basin: Catawba (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 adjacent to an existing residence. Area of the site depicted on map in approximately 30 to 35 acres. Site consists of woodland in secondary succession and a drained pond bed consisting of emergent and scrub shrub wetlands and a perennial stream within the former pond bed. The pond appears to have been breached approximately 8 years ago. Page 3 of 10 10. Describe the overall project in detail, including the type of equipment to be used: The proposed project is an amenity and recreational pond. The pond will be constructed primarily in well drained portion of the former pond bed off line of the perennial stream. 11. Explain the purpose of the proposed work: Construct an off-line pond in a former pond bed. 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. A wetland and stream delineation was conducted for the site and utilized planning ppMoses The original plans were to reconstruct the breached dam which would have flood the perennial stream and wetlands. The plans were modified based on the recommendations of the consultant based on coordination with Steve Chapin of the USACE and discussions with Alan Johnson of NCDENR. Original plans would have required approximately 1,000 linear feet of stream impacts and 1.2 acres of wetland impacts. The proposed plans is limited to less than 0.25 acres of early emergent and scrub shrub wetlands in order to efficiently and safely construct the berm required to create the impoundment. The project avoids approximately 1000 linear feet of stream and approximately 1 acre of adjacent wetlands. 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. Additional permits are not anticipated. If additional impacts are required, a PCN will be submitted as required. 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. Page 4 of 10 1. Provide a written description of the proposed impacts: Impacts are limited to less than 0.25 of wetlands. The remaining stream and wetlands are avoided. 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, sennrntely list imnncts clue 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 (yes/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) 1 Fill to construct berm Herbaceous; scrub shrub no < 50' 0.25 ac 3. List the total acreage (estimated) of all existing wetlands on the property: Approx. 1.20 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 must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number (indicate on map) Stream Name Type of Impact Perennial Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) Total Stream Impact (by length and acreage) 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 5 of 10 Open Water Impact Site Number (indicate on map Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) - Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): NA Wetland Impact (acres): 0.25 ac Open Water Impact (acres): Total Impact to Waters of the U.S. (acres) 0.25 ac Total Stream Impact (linear feet): NA 7. Isolated Waters Do any isolated waters exist on the property? ? Yes X 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.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): The proposed aesthetic is off-line Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: +/- 3 acres 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. Page 6 of 10 The original plans were to reconstruct the breached dam which would have flood the perennial stream and wetlands The plans were modified based on the recommendations of the consultant based on coordination with Steve Chgpin of the USACE and discussions with Alan Johnson of NCDENR Original plans would have required approximately 1,000 linear feet of stream impacts and 1.2 acres of wetland impacts The proposed plans is limited to less than 0.25 acres of early emergent and scrub shrub wetlands in order to efficiently and safely construct the berm required to create and off-line impoundment The project avoids approximately 1000 linear feet of stream and approximately 1 acre of adjacent wetlands Impacts are limited to 0.25 acre of herbaceous/scrub wetlands. 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 litter//li2o.enr.state.nc_us/ncwctlands/strnii;idc.litinl. 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 remaining streams and wetlands are preserved in natural space areas. Page 7 of 10 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): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): 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 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 ? 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 ? 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 (Neuse), 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 V Yes ? No ? Page 8 of 10 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 (square feet) Multiplier Required Mitigation 1 3 (2 for Catawba) 2 1.5 Total * 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 2B .0242 or.0244, or.0260. 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. 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. Municipal facilities XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No X Is this an after-the-fact permit application? Yes ? No X 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 X 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.cnr.statc.nc.us/ncwctlands. If no, please provide a short narrative description: Page 9 of 10 The project site is an amenity pond for the Purposes an existing single family residence. 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). Z-'12- 1/6 10 /? Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 7042664054 P1 Apr 29 08 08:25a Bryan Beaty LEONARD S. RINDNER. PWS Environmental Planning Consultant 3724 Spokeshave lane Professional Wetland ScieAtW Matthews, NC 28105 Land Planning Tele: (704) 904-2277 Fax (704) 847-DISS 040(P-2008 Mr. Rav r)urham Ct() 13rvan Beat RE: Lake Project at 199 Lake Rd. Stanley NC. 28164 Dear Mr.Durham: In order to interface with the United States Army Corps of Engineers and the North Carolina Department ofNatmal Resources I will need vour authorization. Please sign the following statement: This letter authorizes Leonard S. Rindner, PWS as oar firm's agent in matters related to Waters of the U.S. and Waters of North Carolina for the referenced project site. This includes interfacing with the United Stater Array Corps of Engineers and the North Carolina Department of Natural Resources /dG 19 a8 Z, - N e Date Please contact me if you have any questions or require additional explanation. Thank you. Leonard S. Pindncr, ?`WS Envirotuncntat Plarming Consultant Profession Wetland Scientist A: Stanley, NC MA?'Qt1EST o? G cN 'br, Redding Rd ?c OJ Water%k,s Rd Devine St Rambo" Dr C T 2008 MapOuesl Inc gp? J? " 120m zc Rhye SL • 0 2oo ft , G 400 0„a 5L f0 IN, 1;1e 3 D 1 Dy?ha? Rd C.'? Qac Ot?? ef, r9 h ti?tanley `tp d. Old Mt 4+ r? Ethel Dr .- y a`C r i ? SPrn C 9rR Z G4f dr(? a ? Ord /Pejh 6 a d W ry Nlap Data r-2008NAVTEO or7eIeAtlas topaone I i949Y(?3 M3Pi 7 fa ane kc ' ' ? t 111 rl _ ill+? I??f(? \ ,?1,? '??_?J'`.'`?.?' E?T"w _? ???}1??? 4 _?•?? a? _? `? + ? ktel ? I, 1 t . r•. ,,``" 1. r/ f IJJ 1 ( ?. ?f Y-' _J ? 1 { `? ? 1 r ?`' ?? '• ?` , ?... `1? ` ;? ?• + -?'",-?'it `? bar ' r7?ll I ? ( ? r' • ` ? ''• ? 1l?'hj? 4 ? _-_1 f { i jj (! ?/1l/?y ??r / /i ? 1 IIS? r [ (i r t f ?k t1 15 n?, /?? 1. !1 !fir f / Ir't 0 0.3 0.6 0.9 1.2 1.5 kM 0 0.2 0.4 0.6 0.8 1 Mi 35.3424°N, 81.1143°W (NAD83/WGS84) Rowland Lake Dam Number One, USGS Mount Holly (NC) Quadrangle Inc Projection is UTM Zone 17 NAD83 Datum SCALE = L•50.000 RAY DURHAM DRAINED POND HUC =03050102 APPROXIMATE SITE LOCATION w ik r r p � s r a r t�; r g,>r w 4t N r � > y t * Y w ,4. a `+, t,,,,+� .art :f"' '�' .� +y.� � i ^. �` ,�,�•w,,. � ' , r +r .tai qui,, •'R,^ y�,*s'�r �' 4 �_. � '� AND It }t t , at5 , R a y, M V , r. .t spsp S s: ems. s n i aM nY� E# ,t yr+,yua�S a m v a a 1, fr :� �; i• � k j "i+ i.+.«r. '$s*+.. ��e `a ,� P w� rr, %!� � ,.w, 'v.+.� s. �'(r0 t uY a . a �� « ' '...rte.. �. 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B1-8: PERENNIALSTREAM CHANNEL FORMING (FROM BRAIDED PERENNIAL STREAM' ,f r FLOW (NOT FLAGGED) t F1- 4: PERENNIAL STREAM CHANNEL FORMING C1-23: WETLAND BOUNDARY ' ' ~= J I CHANNEL FORMING r`r rf f; M14 ? - CORRUGATED PIPE) t ' y y 1 F, PIPE _ rr `? I I' - f 4 9'-- { r' {`+yQ D1- 7: PERENNIAL STREAM f' :.'? • (RPM CONTINUES ABOVE ' •'' ?' CULVERT (NOT FLAGGED) 70 E1- 38: WETLAND BOUNDARY , •E{RAIDED PERENNIAL STR A- 44 FLOW (NOT FLAGGED) =:-7BRAIDEDPERENNIAL STREAM 1-- ' r'lr l rr FLOW (NOT FLAGGED) -?'??, rr 5 I` /• f r' .L 7g is 1 z- 5 , ter` It' '' 4' ?' ?'{f f r ?z_ ` " k ) ti `7 4 5`1.n F? I J. ?' +•,t?r v ?f1 J?lti==? \, y? ?! {•' ?• ifs/ \ t.,. 'y,.yt ? .,..•4?_? ?' to 1 1 i ' i rf = ti d , kS Ln APPROXIMATE MAP - WATERS OF THE U.S *FOR SURVEY AND STUDY PURPOSES ONLY SUBJECT TO U.S.A.C.E. VERIFICATION RAY DURHAM DRAINED POND JURISDICTIONAL WATERS OF THE US. 313-08 7 c RF NFf:R('.f, (" 1N('RFiF R'Of RAY OURHAM f (REPUTED OTPA 9 mere K: r..¢.... 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