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. LLC
Preliminary Wetland & Stream Assessments-Jurisdictional Wetland Deli neations-Neuse & Tar River Stream Buffer
Evals & Coordination-401/404 Water Quality Permitting-Stream & Wetland Restoration-Threatened & Endangered
Species Surveys-8enthic Macroinvertebrate Sampling-Phase 1-IV Environmental Site Assessments-Tree Surveys
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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
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hevan Church ?• .
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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
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9/8/2008