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HomeMy WebLinkAbout20080537 Ver 2_More Info Received_200807236Ah.'_====%4OT_TTVT 11 IDAUJV WENGINEERING INC. a? 0537 vc2 July 22, 2008 Mrs. Cyndi Karoly Division of Water Quality 401 Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 p C?@R0M1 Subj: Pre-Construction Notification (PCN) Application Form Jl)L 2 3 2008 Alpine Creek Avery County, North Carolina IjENr< -jvmERQUAUTY Shield Project #1070166-01 WETLANDS AND STOMWATER BRANCH Dear Mrs. Karoly: We here-by submit to your department the revised PCN Application Form and Plan (five copies of each). We have made the changes that were requested by Linda Wiggs in a letter dated July 21, 2008. For each of the requests/comments you listed on the aforementioned letter, we have made the followings revisions to meet the required criteria: for a project located in Avery County, North Carolina. Comment #1: The application request 147 feet of impacts (VI#4), however the plans submitted indicate different linear lengths of stream impacts. It is imperative that the plans agree with the requested impacts. Please resubmit plans that accurately reflect the impacts. Response #l: The change to the length of Culvert #16 has been changed on the PCN form to properly reflect the actual length of stream disturbance. A Plunge Pool was also added to the lower end of Culvert #7 and the additional disturbance of 8' was included on the form. Should you have any questions or require any additional information, please do not hesitate to call us at (704) 394-6913. Respectfully, SHIELD ENGINEERING, INC. David Weikle, P.E. Project Engineer Enclosures Cc: Ms. Linda Wiggs (DWQ-Ashville) " Keith A. Anthony, P.E. Chief Engineer SFAI? 11260 ?NGINtq i4 ?4puuuuUn???A' Z. Z U V ?? \:?\\ l\l i\7OI er ?C)I Cn ek\Ferml- \VWO\A omr„_,rl, l v rdu racy 4301 Taggart Creek Road Telephone 704.394.6913 Charlotte, NC 28208 www.shieldengineering.com Fax 704.394.6968 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".) I. 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: Nationwide 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 p ?? D 1. Owner/Applicant Information U L 2 3 2008 Name: Landstar Development, LLC Mailing Address: 17505 West Catawba Avenue DENR-WATER $0N Suite 350 Cornelius, NC 28031 Telephone Number: (704) 896-5880 Fax Number: (704) 896-2967 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: Keith Anthony - Shield Engineering Company Affiliation: Principal Mailing Address: 3401 Taggart Creek Lane Charlotte, NC 28208 Telephone Number: (704) 394-6913 Fax Number: (704) 394-6968 E-mail Address: Kanthonynshielden ineering.com Page 5 of 13 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: Alpine Creek 2. T.I.P. Project Number or State Project Number (NCDOT Only 3. Property Identification Number (Tax PIN): 182700566421 4. Location County: Avery Nearest Town: Cranberry Subdivision name (include phase/lot number): Alpine Creek Directions to site (include road numbers/names, landmarks, etc.): From Spruce Pine, NC, Travel approximately 21 mile north on SR 19E to site entrance (Sawdust Road) on the right 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): 36.1247 ON 81.8759 °W 6. Property size (acres): 7. Name of nearest receiving body of water: Cranberry Creek 8. River Basin: Watauga (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: The vast majori of the property is vacant, wooded forest. The proposed entrance is actually an existing gravel roadway (Sawdust Road) that utilizes existing culverts at shown creek crossings (See enclosed drawings). The surrounding properties consist of privately-owned, residential, rolling forested lots. Page 6 of 13 10. Describe the overall project in detail, including the type of equipment to be used: 28 private residential lots will be divided and sold. The infrastructure improvements include roadway and entrance improvements as well as placement of electric utilities. The !Ype of equipment to be used will include dozers for clearing= grading, and light grading, dump trucks for the delivery / transfer of material (mostly gravel for the roads), backhoe for drainage channel construction, etc. 11. Explain the purpose of the proposed work: To place culverts (varying in size) at three (3) crossings in existing streams to facilitate proposed roadway crossings. 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. An Erosion & Sedimentation Control Plan has been submitted and approved by the Avery County Building; Inspections Department. An Avery County Grading Permit #351) has also been issued. 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. N/A 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 7of13 1. Provide a written description of the proposed impacts: The proposed impacts will include the placement of a various-sized culverts in existing streams for the purpose of new road crossings. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain ( es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) N/A Total Wetland Impact (acres) 0.0 3. List the total acreage (estimated) of all existing wetlands on the property: 0.9420 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 ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) 16 Cranberry Creek Culvert Perennial 10-feet 39 .0090 11 Un-named Trib Culvert Perennial 6-feet 57 .0079 7 Cranberry Creek Culvert Perennial 4-feet 49 .0045 Total Stream Impact (by length and acreage) 145 .0214 Page 8 of 13 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. 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) N/A Total Open Water Impact (acres) 0.0 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): .0214 Wetland Impact (acres): 0.0 Open Water Impact (acres): 0.0 Total Impact to Waters of the U.S. (acres) 0.0 Total Stream Impact (linear feet): 145 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 N/A 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 Page 9 of 13 were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Of the almost 1.9 miles (9,960-feet) of proposed and existing roadways, we designed the alignment of the new road with special attention taken to the grade of the terrain along its alignment as well as the impact on existing streams. All existing culverts along the existing road were utilized for purposes of stream/creek crossings, thus helping to minimize stream disturbance. Also, the location of the proposed roadway and crossings do not disturb any of the wetlands that have been delineated on-site. This was done to not only help "minimize" wetlands destruction, but avoid it altogether. 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 hltp://h2o.enr.state.nc.us/ncwetlands/strmfzide.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. N/A Page 10 of 13 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/wro/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): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A 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 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 M 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 213.0259 (Tar-Pamlico), 15A NCAC 0213.0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No Page 11 of 13 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* (s uImpct are feet) Multiplier 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. The total Impervious Percentage after ultimate build-out is calculated to be about 6.4% (See Included Calcs . Temporary sediment traps and grass/matted-lined channels are being utilized to help eliminate sedimentation at downstream locations to proposed disturbance. Individual lot owners will be responsible for Erosion & Sedimentation controls if and when they commence to building on their purchased lots. 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. Individual private septic-systems for each lot N/A 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 ? --See attached Buffer Narrative— Page 12 of 13 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 htt p://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The extent of the construction activity for this permit will be completed after the roadways and utilities are built Future construction will occur only if conducted by future parties that are unidentified at the present time. 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). R :- 2110g Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 13 of 13 David Weikle From: Linda Wiggs [Linda.Wiggs@ncmail.net] Sent: Monday, July 21, 2008 3:10 PM To: David Weikle Subject: Re: Alpine letter Attachments: Linda.W iggs.vcf U Linda. W iggs.vcf (381 B) I would just send a cover letter and the revised plans. Make sure the cover letter has the DWQ # on it. David Weikle wrote: >Linda, >One more question... should I send the whole package again to Cyndi, >including the Stream identification paperwork, etc.? or does she just >need the revised stuff (plans and application)? >Dave > ----- Original Message----- >From: Linda Wiggs [mailto:Linda.Wiggs@ncmail.net] >Sent: Monday, July 21, 2008 12:39 PM >To: David Weikle >Subject: Re: Alpine letter >Send me only one,,,send Raleigh 5 cc's. >David Weikle wrote: >>Do I need to send seven copies of the plan to you and/or Cyndi Karoly? >> -----Original Message----- >>From: Linda Wiggs [mailto:Linda.Wiggs@ncmail.net] >>Sent: Monday, July 21, 2008 10:51 AM >>To: David Weikle; BHamby@waterfrontgrp.com >>Subject: Alpine letter >>Hi Bryan, >>FYI, I just gave the letter requesting new plans to my Admin. staff, »so >>that letter will be going out today to you. >>Hi David, >>Go ahead and get the plan to me when you have completed them and I >>will 1 >>finish my review process. >>Thanks Linda Linda Wiggs - Linda.Wiggs@ncmail.net North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043