HomeMy WebLinkAbout20081301 Ver 1_401 Application_20080808ENV
Environmental Consulting Services, Inc.
August 22, 2008
Cyndi Karoly
NC Division of Water Quality
401 Wetlands Certification Unit
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
Re: New PCN-NWP 29 project application
Red Fox Ridge
Watauga County
Boone, NC 28607
Dear Ms. Karoly:
643 Greenway Rd
Suite K-3
Boone, NC 28607
(828) 264-8880
smartin@env-ecs.com
0g 1 30 1
P A
_ ---------
Please find attached 5 copies of the Red Fox Ridge PCN application. The applicant is Larry D. Hardy of
184 Red Fox Trail in Boone, NC 28607. The project site is a 30-acre property which has been approved as
a subdivision and has existing subdivision roads. The applicant needs to access one of the tracts with a
proposed stream crossing. The proposed impact is from a 30" by 25' CMP used to construct a single family
driveway. A Nationwide Permit 29, WQC# 3705 is what the applicant is applying for. Enclosed is a check
for $240.00 to cover the cost of the application fee.
If there are any questions regarding this project please call or email the ENV office.
Sincerely,
Sean Martin
ENV-ECS, Inc.
n [= C?C?bCD
AUG 2 5 2008
DENR - WATER QUAU7Y
WETLMNDS AND STORMWATER BRMCH
C.c. Larry D. Hardy
1
r
Office Use Only: Form Version March 08
g 1301
USACE Action ID No. DWQ No. p
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
P A I -,
1. Check all of the approval(s) requested for this project: -
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 29
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
E 1. Owner/Applicant Information AUG 2 5 2008 i?
Name: Larry D. Hardy
Mailing Address: 184 Red Fox Trail DENR•WATER QUAUTY
Boone, NC 28607 WETLANDS AND STORMWATER BRANCH
Telephone Number: (828) 262-1856 Fax Number: (828) 262-1856
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: John C. Vilas
Company Affiliation: ENV-ECS, Inc.
Mailing Address: 643 Greenway Rd.
Suite K-3
Boone, NC 28607
Telephone Number: (828) 264-8880 Fax Number: (828) 264-8890
E-mail Address: iohn(a,env-ecs.com
Red Fox Ridge Page I of 9 Environmental Consultant: ENV-ECS, Inc.
PCN-NWP 29 August 22, 2008
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: Red Fox Ridge
2. T.I.P. Project Number or State Project Number (NCDOT Only):
t 3. Property Identification Number (Tax PIN): 2901-96-2487-000
' 4. Location County: Watauga Nearest Town: Boone
Subdivision name (include phase/lot number): Red Fox Ridge, preliminary phase, tract 11
Directions to site (include road numbers, landmarks, etc.): From Boone NC Hwy 421 east, at
' New Market Center turn onto NC Hwy 194 North. Follow 194 approximately 1-mile, turn
left onto Rainbow Trail. Follow Rainbow Trail approximately 2 % miles and turn left onto
Red Fox Trail. Follow Red Fox Trail approximately '/4 mile and veer left into subdivision.
' Follow Red Fox Trail to very end of graveled portion; ends at proposed culvert installation.
5. Site coordinates (Lat/Long or decimal degrees): 36.23652 N. -81.68328 W., coordinates for
' the proposed stream crossing (Impact 1).
6. Property size (acres): 30.81
t 7. Name of nearest receiving body of water: Property drains into two receiving bodies of water:
Norris Branch (WS-I1, Tr., HQW, CA) and Doe Fork (WS-11, Tr., HQW).
' 8. River Basin: New
' 9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Conditions on the project site: existing subdivision gravel road
and driveway stubs; existing spring house; entirely wooded. Vicinity landuses: residential,
' forested (undeveloped), Appalachian State University drinking water reservoir located
downstream of project site along UT-Norris Branch.
' Red Fox Ridge Page 2 of 9 Environmental Consultant: ENV-ECS, Inc.
PCN-NWP 29 August 22, 2008
10. Describe the overall project in detail, including the type of equipment to be used: Private
' residential community with approximately 11 lots proposed as part of the development on a
30.8-acre property. Average lot size for this development is 2 '/2 acres in size. Subdivision
road and driveway stubs have been previously constructed (see Site Plan). One stream
' crossing is considered necessary as part of the project in order to gain access to the only
buildable portion on tract 11. The proposed culvert is for a single family driveway. UT-
Norris Branch has an approximate 8.7-acre drainage area above the proposed culvert
' installation point. Predicted 25-year storm event for this site can generate a maximum
discharge of 20.3 cfs. The proposed culvert diameter is 30". Typical construction equipment
will be used to complete the road and pine installation work i.e. bulldozer, trackhoe, and
' dumptruck. A temporary sandbag stream diversion (see Diversion Detail) will be used during
pipe installation to prevent sedimentation and to provide a dry environment for the
completion of work.
' 11. Explain the purpose of the proposed work: The purpose of the work is to provide access to a
portion of the property that is cut off by the stream UT-Norris Branch. This stream runs the
¦ entire length of the nronertv with no means of access from the other side.
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. None
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. None
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
Red Fox Ridge Page 3 of 9 Environmental Consultant: ENV-ECS, Inc.
PCN-NWP 29 August 22, 2008
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: A 30" by 25 linear foot culvert is
proposed to be installed for a single family driveway crossing in the Red Fox Ridge
development site in order to provide access to a portion of the site (tract 11). 25 linear feet of
channel in UT-Norris Branch will be put into pipe as part of the stream crossing (see Impact
Map). This 25' impact will be permanent in nature. As part of the installation, 3 linear feet of
channel will be sandbagged in order to divert flow around the installation site and is being
treated as a temporary impact (see Impact Map and Diversion Detail). Sandbags and a
temporary diversion ditch will be removed once the pipe installation is completed, and all of
the associated impacts to the stream bank will be mitigated with regrading and reve eg tation.
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,
se aratel list impacts due to both structure and floodin .
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)
Total Wetland Impact (acres) 0
3. List the total acreage (estimated) of all existing wetlands on the property: 0.34-ac.
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma)
Stream Name
Type of Impact
Perennial o?
Intermittent. Average
Stream Width
Before Impact Impact
Length
(linear feet Area of
Impact
acres
Impact 1 UT-Norris Branch culvert intermittent 4' 25' 0.002
Impact UT-Norris Branch temporary intermittent 4' 3' 0.0003
Total Stream Impact (by length and acreage) 25'/28' 0.0023
' Red Fox Ridge Page 4 of 9 Environmental Consultant: ENV-ECS, Inc.
PCN-NWP 29 August 22, 2008
1
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
1 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
Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.0023
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.0023
Total Stream Impact (linear feet): 25'/28'
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.):
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:
1 VII. Impact Justification (Avoidance and Minimization)
1 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
1 site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. This impact is necessary so as
1 Red Fox Ridge Page 5 of 9 Environmental Consultant: ENV-ECS, Inc.
PCN-NWP 29 August 22, 2008
to gain access to the only buildable portion of a 5'/2-acre portion of the site that is otherwise
inaccessible. Culvert placement anywhere else along the stream would either not tie effectively
into the site plan and existing road network, or placement could potentially impact wetlands in
the wide stream valley. Construction of bridge is not considered practical considering the cost of
a bridge and required approach fill as compared to the minimal impacts proposed.
The site chosen for the stream crossing will utilize the natural topography on both sides of the
stream, as there is an existing bench parallel with the proposed driveway. Proposed driveway
placement and orientation with the proposed culvert avoids several wetlands that are located
above and below proposed driveway centerline. Culvert installation will be countersunk 6" in
order to help regain aquatic components. All work will be performed in the dry by using a
sandbag stream diversion. No changes will result from proposed work to the channel elevation or
bank characteristics. Revegetation of banks will take place following stream work due to the
diveminn_
Since the stream classification for UT-Norris Branch (WS II, HOW, Tr., CA) carries water
quality conditions, the following site development components will be adhered to so as to
maintain permit condition compliance: 30' buffers will be observed on all perennial sections of
UT-Norris Branch; 25' trout buffers on all intermittent and perennial sections; erosion and
sediment control measures are to be designed for a 25-year storm event; minimum lot sizes in the
Critical Area watershed will be 2-acres and 1-acre in the WS-II watershed areas of the site; all
storm water will not be directed towards stream bodies; impervious built-up areas in the CA
watershed will not exceed 6% and will not exceed 12% in the WS-II watershed areas.
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
Red Fox Ridge Page 6 of 9 Environmental Consultant: ENV-ECS, Inc.
PCN-NWP 29 August 22, 2008
i
Draft Technical Guide for Stream Work in North Carolina, available at
' littp://Ii2o.enr.state.nc.us/ncwetlands/strmF;ide.htm1.
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.
' Mitigation for this project consists of avoidance and minimization efforts and large lot
low density development as compared to other developments in the vicinity.
' 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 three 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):
I IX.
Environmental Documentation (required by DWQ)
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 ?
' Red Fox Ridge Page 7 of 9 Environmental Consultant: ENV-ECS, Inc.
PCN-NWP 29 August 22, 2008
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
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 I Multiplier Required
3 (2 for Catawba)
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. Existing imperviousness on the site is restricted to the gravel road network. There are
no existina buildings located onsite. Maximum proposed imperviousness on the proiect site based on a
house footprint size of 2,500sf, 100'driveway, and the smallest lot in the CA watershed of 2.228-acres
will be 4.1% impervious.
Red Fox Ridge Page 8 of 9 Environmental Consultant: ENV-ECS, Inc.
PCN-NWP 29 August 22, 2008
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.
Septic tanks and drainfields will be used for residential waste treatment.
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)
XV
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/ncwetIands. If no, please provide a short narrative description: The
proposed stream crossing and driveway work associated with it are final. The proposed building
site for the associated lot is located outside of any buffer areas associated with the stream
classification of UT-Norris Branch. Impervious restrictions associated with stream classification
limit future growth.
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).
1
op ttAlmll's S' Date
(Agen0; signature is val d only if au a tbori=dm k cr from the aMlitc * is pnwi&A )
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
t
Red Fox Ridge Page 9 of 9 Environmental Consultant: ENV-ECS, Inc.
PCN-NWP 29 August 22, 2008
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Red Fox Ridge
PCN-NWP 29
30.81-acre Site
Delineation Map
fill,
t ?5,
41- 1
I '
15 L; Lj
( t f I 1 ^?. / 1 6 1 d d M ?+
m c)
41
-NMV In ?,O 1, Op,
1 t ?? t t(( `\ .? , 3333333x- in `",
LLI
J _
/ ?F
Red Fox Ridge
PCN-NWP 29
Impact Map
V-150' "
5' Contour Interval
W -- E
S
Red Fox Ridge
PCN-NWP 29
Diversion. Detail.
# 41
NAG-SC150 Erosion
Control Mat or Equivalent
on graded slopes in bdffer
Stacked Rock
Headwall
Pipe Tie Downs
every; l0'
1-4 Sand Bag temporary
diversion dam
Rip Rap Temporary
0 16 4 Diversion Pipe
r
2S,r
oU?
&l?
f,
Outfall Protection
?0"Flex CPP
NAG-SC 150 Erosion
Control Mat or Equivalent
on graded slopes in buffer
.' A
O ,0
p
Intermittent Stream Source Stream Source
Wetland Seep Wetland Seep
Detail. Not To Scale
Red Fox Ridge
' PCN-NWP 29
Photosheet
Photo Three: View from intermittent point source'A'
' of UT-Norris Branch which confluences below
source 'B' as seen in photo one. Approximate
position of proposed CMP and driveway alignment
' are seen superimposed on the right side of this
photo.
t
Photo Two: Looking at proposed downstream side
of 30" by 25' CMP.
Photo Four: Point source'B' for UT-Norris Branch is
seen in this photograph seeping from a series of
rock outcrops. Wetland unit W-2 is located above
the outcrop and is a seep system within an
ephemeral drainage.