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HomeMy WebLinkAbout20081379 Ver 1_401 Application_20080908KELLER ENVIRONMENTAL ENVIRONMENTAL CONSULTANTS 7921 Haymarket Lane, Raleigh, NC 27615 (919)844-7437 Fax(919)844-7438 08 1 3 7 9 LETTER OF TRANSMITTAL TO: NC DWQ 401 Wetlands Unit DATE: September 9, 2008 \ ATTENTION: Staff RE: Grace Haven Baptist Fellowship WE ARE SENDING YOU THE FOLLOWING: ® Pre-construction Notification (PCN) ® Plans ® Maps ® Documents ® Other $240.00 Check THESE ARE TRANSMITTED AS CHECKED BELOW: ® For approval ? As requested ? Please reply ? See below ? Specifications Ld r[ 1 ?1 _ P Uy ® For review & comment fir j? ® For your files DENR -'WATER gDai; l' WETLANDS AND S? DR??;p jT?R 8Rl NCCti ? Regular Mail ? Fed-Ex ® Delivered by KE ? Picked Up COPIES DATE DESCRIPTION 1 09-09-08 $240.00 Check 1 09-09-08 CD 5 09-09-08 PCN 5 05-14-08 Agent Authorization 5 Soil Survey with Property Lines 5 USGS Map 5 11-30-06 DWQ Stream Determination Letter & Maps 5 07-03-08 Corps (DWQ) email 5 Site Photographs (3) 5 09-08-08 Site Plans (2 sheets) Rec'd By: THANK YOU! Signed Office Use Only: Form Version March 08 08 1 3 7 9 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 4 PAID 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: 14 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: ? 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 Owner/Applicant Information Name: Reverend Dick Graves Mailing Address: P.O. Box 1432 Wake Forest, North Carolina 27588 Telephone Number: (919) 556-7880 Fax Number: E-mail Address: dgraves3&nc.rr.com 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: Jay Keller Company Affiliation: Keller Environmental Mailing Address: 7921 Haymarket Lane Raleigh, NC 27516 Telephone Number: (919) 844-7437 Fax Number: (919) 844-7438 E-mail Address: jaygkellerenvironmental.com Pagel of 9 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: Grace Haven Baptist Fellowship 2. T.I.P. Project Number or State Project Number (NCDOT Only 3. Property Identification Number (Tax PIN): 1854-97-0215 4. Location County: Franklin Nearest Town: Franklinton Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): North on Capital Blvd.; turn right onto Bert Winston Rd.; come to a T-intersection & turn left onto Hicks; site is approx. '/z- mile on the left. 5. Site coordinates (Lat/Long or decimal degrees): N36'04.527 W78027.457 (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 71.94 Acres 7. Name of nearest receiving body of water: Cedar Creek 8. River Basin: Tar-Pamlico River Basin (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 bordered by Cedar Creek to the North. Two perennial tributaries are located on the east side of the property in a mostly pastured landscape. There is an existing sewer line that parallels Cedar Creek on the property line. ine There is also an existing dirt road and paths on the property that provides access to the entire Page 2 of 9 property. An open roofed pavilion exists near the second stream and its road crossing. The western half of the property is mostly wooded and railroad tracks and bridge at the western property line. The surrounding area is comprised of agriculture, silviculture, and residential homes. 10. Describe the overall project in detail, including the type of equipment to be used: The proposed project involves placing an 18-foot driveway along the southeast property line to maximize the distance between it and Cedar Creek. A new twin-culvert will be placed in the first stream crossing and the second stream culvert will involve replacing the existing raised culvert. Replacing the second crossing will correct the current elevated situation and allow for aquatic migration and improved flow. Equipment to be used includes pumps, trackhoes, bulldozers, and other land grading and bridge equipment. 11. Explain the purpose of the proposed work: The purpose of the proposed work is to construct a driveway to maximize the distance between it and Cedar Creek. It will provide access to the existing pavilion and to the western half of the property. Replacing the second stream culvert will also provide improved aquatic migration and flow. 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. November 21, 2006- site meeting with Mr. Mike Horan. Please refer to the attached November 30, 2006 stream determination letter. 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. No future permit requests are anticipated after the proposed stream crossings are installed. Page 3 of 9 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. 1. Provide a written description of the proposed impacts: Stream Impact 1- involves placement of twin 48-inch RCP's, headwalls and downstream dissipater pad in 61 if of perennial stream channel. Both culverts will be sunken 1-foot to allow for aquatic passage. Due to the incised channel, it has been determined that both culverts will be placed at the same level. Stream Impact 2- involves replacing the existing qpproximately 18-inch steel culvert with a 42- inch RCP, headwalls, and downstream dissipater pad in 55 if of perennial stream channel The culvert will be sunken 1-foot to allow for aquatic passage. This will correct the current elevated situation and allow for aquatic migration and improved flow. A picture of this existing culvert and pavilion can be seen on page one of the photographs. 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.) vLocated within 100-year Floodplain (yes/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: 1-acre 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. Page 4 of 9 Stream Impact Perennial Average Impact Area of Number Stream Name Type of Impact Intermittent? ? Stream Width Length Impact (indicate on map) Before Impact (linear feet) (acres) Culverts, 1 UT to Cedar Creek headwall, & Perennial 7 61 0.010 dissipater pad 2 UT to Cedar Creek Maintenance Perennial 5 55 0.006 Total Stream Impact (by length and acreage) 116 0.016 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 p) Name Waterbody applicable) ) (if ap 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): 0.016 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.016 Total Stream Impact (linear feet): 116 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 USAGE. 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.): Page 5 of 9 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 were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The proposed impacts will provide the necessary access road for the existing pavilion and the western property. Stream Impact One was placed adjacent to the southwest property line to maximize the distance between the driveway Cedar Creek and its 100-year FEMA floodplain Stream Impact Two will replace the existing steel culvert and sunken 1-foot to allow for aquatic passage. This will correct the current elevated situation and allow for aquatic migration and improved flow. Road impacts have been minimized by crossing the proposed stream at a perpendicular angle and utilizing headwalls to decreasing the volume of fill and subsequent fill slopes. 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 http://h2o. enr.state.nc. us/ncwctlands/stnngide. html. Page 6 of 9 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 proposed impacts due to the road crossings are less than 150 feet; therefore, stream mitigation is not required. No other environmental features (wetlands and streams) have been impacted by the proposed project. 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/wip/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): 0 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount of Non-riparian wetland mitigation requested (acres Amount of Coastal wetland mitigation requested (acres): 0 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 ? 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 Page 7 of 9 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 )? 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. I Impact Required Zone* f-- -ro c v+l I Multiplier r,r+.,..,+.,,. 1 I 7,479 13 (2 for Catawba) I 0 2 5,074 1.5 0 Total 1 12,553 1 0 1 * 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. Buffer mitigation is not required for this proiect because the proposed impacts are below the thresholds that reauire mitigation. The road crossings result in 0.288 acres of impact. 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 existing impervious area for the pavilion is 3,200 SF (0.073 Acre) versus total acreage (71.94) is .001%. The proposed imperious acreage (0.7336) versus total acreage is 1.02%. The proposed project has approximately 1% existing and proposed impervious. That includes the existing pavilion near the second stream crossing. Sheet flow into Cedar Creek and its tributaries riparian buffers is currently being conducted and will be preserved. While under construction, temporary, custom sedimentation basins will be installed outside of the wetlands, streams, and riparian buffer areas to protect them against sedimentation along with other appropriate sedimentation and erosion control measures in compliance with Franklin County & NC Sedimentation and Erosion Control requirements. 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. The congregation currently uses porto-potties for gatherings and events. Page 8 of 9 all KELLER ENVIRONMENTAL ENVIRONMENTAL CONSULTANTS 7921 Haymarket Lane, Raleigh, NC 27615 (919)844-7437 Fax (919)8447438 AGENT AUTHORIZATION FORM Name: Grace Haven Baptist Fellowship Address: P.O. Box 1432 City, State, Zip Wake Forest. NC 27588 Phone: (919) 649-7017 or (919) 556-7880 Project Name/Description: Grace Haven Baptist Fellowship Date: May 14, 2008 To: US Army Corps of Engineers Raleigh Regulatory Office Attn: Staff 3331 Heritage Trade Drive Suite 105 Wake Forest, NC 27587 NC Division of Water Quality 401 Oversight and Express Permits Unit Attn: Staff 2321 Crabtree Boulevard Suite 250 Raleigh, North Carolina 27604-2260 To Whom It May Concem: As a representative concerning the subject site, 1 do hereby authorize and give permission for Keller Environmental to represent or act as agent on my behalf and allow the COE or any other regulatory agency to go on the property with an Keller Environmental representative for such purposes as necessary to perform the job tasks. (? f uc_,?_ t4 avt?? Print PropertN Owner's Niune rt} Owner's ig at rc Jay Keller Keller Environmental. 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W_ - .-....o., - . d r......., - - .]V11! •C . i1 M ft Scale: 1: 2000 Detar1: 13-3 Dam W GS8J OF Vd A rF9 Michael F Easley. Governor a William G. Ross Jr. Secretary North Carolina Department of Environment and Natural Resources r Alan W. Klimek, P E Director > y Division of Water Quality November 30, 2006 Keller Environmental Co Jay Keller 7921 Haymarket Ln Raleigh, NC 27615 Attn: Mr. Jai Keller BASIN: Neuse River (I5ANC'AC213 0233) Complaint NOV Incident 4 Project Name Grace Haven Church le RC -NfW4-A 06-283 Franklin County Butler Determination X Appeal Call Location Directions: 1.,ocated 1_mile south of Franklinton at Hicks _Rd._(NC_.1 126) and Cedar Creek Subject Stream: UT to Cedar Creek Date of Determination: 11/21/2006 _.... Feature(s) Not __-- Subject Subject A X B X (' X - -- + F: I X -- i + F X - Start ?-% j Stopl - Throu hout - Throughout Throughout Fla Stream Soil Form Pts. Survey - X X USGS Topo X---- X Explanation: The teature(s) listed above has or have been located on the Soil Survey of Franklin County. North Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked ..Subject" have been located on the property and possess characteristics that quality it to be a stream. There may be other streams other streams located on your property that do not show up on the maps referenced above but, still maybe considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality. This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water Ni ihCarolina exists and that it is subject to the buffer rule may request a determination by the Director. A request for a ? laltlral& Tar-Pamlico _ X (I5A NCAC 213.0259) \ofth ( arohna DIv1vlon o1' Water Qualuy Raleigh Regional Ollice Surlace Water Protection Phone 1919) 7914200 Customer Service Internet h2o enr state nc us 1028 Mail Service (*enter Raleigh, N('27699-1629 FAX 19191 571-4718 1.877-621-h748 An Equal OpportunitylAffirmatwe Action Employer - 50% Recycled/10% Post Consumer Paper Grace Haven Church 11/30/2006 Page 2 of 2 determination by the Director shall be referred to the Director in writing c/o Cyndi 1Caroly. , DWQ Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an ad judicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter ISOB of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days. The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the ITS Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-876-8441. Respectfully. Michael Iloan Environmental Spec, I CC: US Army Corps of Engineers, Raleigh Regulatory Office Wetlands Storrnwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604 RRO SWP Files Central Files t r Nth('arolina . atmally North ('an hna DiN mor, of Water Quahh Raleigh Regional ()ffice Surface Water Protection Phone 1919) 791-1200 CUStnrner Service Internet h2o-enr_state ncus 1628 Mail Ser%ice(_'enter Raleigh, N('27699-1028 FAX (919)571-4718 1-877-623-6'48 An Equal OpportunitylAPormatwe Action Employer - 50% Recycled)10% Post Consumer Paper ho 11 I I'(1 0o ?. s 1 hevan Church ?• . aa.q Trap YcuMsvde InOua'nal Perk a? 1-D TepaQvadx Caprrlght n 1999 Delores Vatetatrlh, Mff. 010% Starve Dab: I :SGS n Srale: 1: 24,000 Drtail: 13• l Datum: %%U1,84 Amy Chapman Jay Keller From: Lastinger, James C SAW [James.C.Lastinger@usace.army.mil] Sent: Thursday, July 03, 2008 3:16 PM To: Jay@kellerenvironmental.com Subject: RE: grace haven church stream impacts Jay, Page I of 2 I am handling this project for Eric. After discussions with Eric Alsmeyer, NWP 29 and 39 can't be used becuase you are located in the FEMA floodplain. I think NWP 14 would be ok to use. You would not have to notify as long as you stay under 150 feet and you aren't impacting special aquatic sites (i.e wetlands). If you are going to impacts wetlands or other special aquatic sites then a PCN would be required. Also i think DWQ requires notification if a NWP 14 is being used. As for the second stream crossing I would consider that a maintainance activity that would not require notification. I hope this has helped. Please contact me if you have any other questions. James Lastinger Regulatory Specialist USAGE Raleigh Regulatory 919-554-4884 ext 32 From: Alsmeyer, Eric C SAW Sent: Thursday, July 03, 2008 2:49 PM To: Lastinger, James C SAW Subject: FW: grace haven church stream impacts From: Amy Chapman [mailto:amy.chapman@ncmail.net] Sent: Friday, June 27, 2008 9:04 AM To: Jay Keller Cc: cyndi.karoly@ncmail.net; 'Ian McMillan'; Alsmeyer, Eric C SAW Subject: Re: grace haven church stream impacts Morning Jay. You need to discuss this with the Corps first and then talk to us. If this does require a NW 39 or 29 with the Corps, you will need to have written concurrence from DWQ since the impacts are in a buffered basin. Also, there is a definite possibility you would be required to do stormwater. Thanks. -Amy Jay Keller wrote: Hello Cyndi, Ian, Amy & Eric, Hope you are doing well. Amy, congratulations! I have a church site in near Franklinton that borders Cedar Creek. They have an existing roofed pavilion that was built -1 year ago and the old farm road provides access to it and the remaining western property. They're hoping to construct a new 18'W road farther away from Cedar Creek since it floods occasionally. It would involve placing a new culvert in the 111 perennial stream and replacing the culvert on the 2nd perennial stream. We anticipate 30-40' of stream impact each on both streams They're currently using the area west of the pavilion and 2nd stream as a recreation area and future plans include building a church on the hillside. The existing 2nd culvert crossing is slightly above the stream and the new culvert would be placed lower to allow for aquatic passage. My question is whether or not the 2nd crossing is considered a maintenance activity and does not need a 401/404 permit. Secondly, does the first perennial stream require a 401/404 permit since impacts will be less than 40'? Both streams are -6' wide. I want to confirm my interpretation with you before I advise my client. If it does need a permit, would it be a NWP 14, 39, etc.? Thanks for your help, happy Friday, and have a great weekend. Jay The 3 photos are 1. Existing 2nd stream crossing and rear of pavilion. 2. Front of pavilion and farm path 9/8/2008 Amy Chapman Page 2 of 2 3. View of entrance area from Hicks Road near north property line. 1st stream is just beyond 2 hay bails. 2nd stream borders the large wooded area in background. The proposed road would stay to left. Cedar Creek is behind (north) the right tree line looking beyond the wood cross. Jay Keller Principal Keller Environmental, LLC 7921 Haymarket Lane Raleigh, NC 27615 (919) 844-7437 office (919) 844-7438 fax (919) 749-8259 cell Amy Chapman NC Division of Water Quality 401/Wetlands Unit 2321 Crabtree Blvd, Suite 250 Raleigh, NC 27604 Phone: 919-715-6823 Fax: 919-733-6893 E-mail: amy.chapman(ncinail_._n_et <!--[if !supportEmptyParas]--> <!--[endif]--> 9/8/2008