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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 V C R N r?f J ,p 2 Project Location s ?N! ?S N u `v S. I i r L Red Fox Ridge PCN-NWP 29 Vicinity Map Red Fox Ridge PCN-NWP 29 Topographic Map Boone, NC USGS quad ??t ?', ry1i• ,r3 a '? 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O N \ W S O?'' 0??_y C.C, ? l ?FQU?p N?? u \N A NOS Ln Q? LJ z 7 W? J G 4Q y LP \ cd G ?0 N 3 R r ? 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.