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HomeMy WebLinkAbout20051272 Ver 2_More Info Received_20080930A&ANCHARD ASSOCIATES A PROFESSIONAL SERVICES COMPANY '.,OL!_! II?7PlS SINCE 196 SURVEYING, MAPPING & PLANNING ENGINEERING & DESIGN September 26, 2008 Jim Blanchard Associates P.O. Box 5 Kenansville, NC 28349 Mr. Ian McMillan Division of Water Quality 401 /Wetlands Unit 2321 Crabtree Blvd Raleigh, NC 27604-2260 t9@9MR5 SEP 10 2008 QUAUV WLMOSHANDs OR" M eRW-H SUBJECT: Indian Grave Creek Revised PCN Application, Duplin County. DWQ Project # 05- 1272v2 Mr. McMillan, Please find enclosed five copies of the Revised Pre-Construction Notification Application Form for Indian Grave Creek Bank Stabilization, in response to Mr. Coburn's letter dated 25 August 2008. This revised PCN Form corrects the typographical error in Part VI (6) Total Stream Impacts from "484" to "584". If additional information or clarification is required, please feel free to contact me at (910) 271- 0613. Sincerely, ?-I:v Stephen T. Blanchard, PE CF: Chad Coburn Enclosures: PCN Form P.O. Box 5 Phone: 910.296.1921 Kenansville, NC 28349 Fax: 910.296.1922 O?0F WA TFi9QG Michael F. Easley, Governor William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources GO"` 'C Coleen H. Sullins, Director Division of Water Quality August 25, 2008 DWQ Project # 05-1272v2 Duplin County CERTIFIED MAIL: RETURN RECEIPT REOUESTED Cert. # 7008-0150-0002-2652-3753 Ms. Betty Long Town of Kenansville P.O. Box 370 Kenansville NC 28349 Subject Property: Indian Grave Creek Stabilization Indian Grave Creek (Tea Swamp) [030622, 18-74-21-2, C, SW] REQUEST FOR MORE INFORMATION Dear Ms. Long: On May 5, 2008, the Division of Water Quality (DWQ) received your Pre-Construction Notification (PCN) application to impact approximately 493 linear feet of stream for stream bank stabilization with additional information received by the DWQ on July 16, 2008, and August 3, 2008. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or waters on the subject property. Therefore unless we receive five copies of the additional information requested below at the DWQ central office, we will have to recommend moving towards denial of your application as required by 15A NCAC 2H.0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: Part III (6) of the PCN submitted on August 3, 2008, states that 584 linear feet of stream will be impacted for this project. Part VI (4) of the PCN also states 584 linear feet of stream will be impacted for this project. However, Part VI (6) of the PCN states that Total Stream Impacts will be 484 linear feet. Please revise the PCN to list the true linear feet of stream impacts needed for this project. Submit the additional copies as required. Please respond within 30 days of the date of this letter by sending this information to me in writing and five copies to Ian McMillan, 401 Wetlands Unit, 2321 Crabtree Blvd, Raleigh, NC 27604-2260. If we do not hear from you within 30 days, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. lorth Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Servicel-877623.6748 Vilmington Regional Office Wilmington, NC 28405-3845 FAX (910) 350-2004 Internet: h2o.enr.state.nc.us dne An Equal Opportunity/Affirmative Action Employer- 50% Recycledll0% Post Consumer Paper 1VAo hCarolina Indian Grave Creek Stabilization Duplin County 2005-1272v2 This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call me at 910-796-7215 or Ian McMillan at 919-733- 1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, 1?%j av-- Chad Coburn Senior Environmental Specialist cc: Steve Blanchard - Jim Blanchard Associates, 443 Sarecta Road, Kenansville, NC 28349 Liz Hair - USACE Wilmington Field Office Ian McMillan - DWQ 401 Oversight and Express Unit Eric Kulz - DWQ 401 Oversight and Express Unit Molly Ellwood - Wildlife Resources, Wilmington Central Files WiRO Q12 (-61-31RaeROD SEP 3 0 2008 WETLANDS AND STORMWATER BRANCH Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. DS - 13.7 a U 2. (it any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 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: 13 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 D ?? L5 1. Owner/Applicant Information S EP 3 0 2008 Name: Town of Kenansville Mailing Address:P.O. Box 370 y?DENK YVAIr'M?NAT BRANCH Kenansville, NC 28349 Telephone Number: 910 296 0369 Fax Number: 910 296 0707 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: Steve Blanchard, PE Company Affiliation: Jim Blanchard Associates Mailing Address: P.O. Box 5 Kenansville, NC 28349 Telephone Number: 910 296 1921 Fax Number: 910 296 1922 E-mail Address: steveniimblanchardassociates.com Updated 11/1/2005 Page 5 of 13 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Indian Grave Creek Bank Stabilization 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): N/ 4. Location County: Duplin Nearest Town: Kenansville Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): I-40 to NC Hwy 24 Take Hwv 24 East to NC Hwy 50, turn left towards Kenansville on Hwy 50, go about I mile Lee Street will be on the right, project is at the end of Lee Street. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 34 deg 57'24.5" °N 77 deg 57'08.1" °W 6. Property size (acres): Approximately 584 LF of Streambank stabilization 7. Name of nearest receiving body of water: Tea Swamp 8. River Basin: Cape Fear (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: Residential, streambank erosion threatening property owner structures and municipal utilities. Updated 11/1/2005 Page 6 of 13 10. Describe the overall project in detail, including the type of equipment to be used: Streambank stabilization using- ag bion rg avity walls, cross vanes, reinforced mat, and storm water drainage piping. Equipment - Backhoe 11. Explain the purpose of the proposed work: Stabilize an existing streambank to protect town and citizens property. 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. Project previously received a 404 Permit on 13 Jan 05, Action ID 200401273, DWQ Project # 05-1272. Proiect was previously submitted as a "Restoration" project. The project objective has changed and the scope of work is now a "Stabilization" project. 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. 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: Updated 11/1/2005 Page 7 of 13 The proposed impacts are installing 5 gabion structures and 7 cross vanes along the creek bank at areas identified with moderate to significant bank erosion. Gabions will be gravity retaining wall structures. Reinforced turf mat will be used to stabilize the bank in indicated areas. 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 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 (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: 1,200 LF of streambed. 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, multi ly length X width, then divide by 43,560. Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) AC1 Indian Grave Creek Perm; Cross Vane Perennial 10' 20' .01 AC2 Indian Grave Creek Perm; Gabion/CV Perennial 5' 70' .01 AC3 Indian Grave Creek Perm; Gabion/CV Perennial 5' 60' .01 AC5 Indian Grave Creek Perm; Gabion Perennial 5' 117' .01 AC6 Indian Grave Creek Perm; Gabion Perennial 5' 44' .01 AC7 Indian Grave Creek Perm; Cross Vane Perennial 5' 15' .01 AC8 Indian Grave Creek Temp; Mat Perennial 5' 32' .01 AC10 Indian Grave Creek Perm; Gabion/CV Perennial 10' 78' .02 AC12 Indian Grave Creek Perm; CV/Mat Perennial 10' 74' .02 AC13 Indian Grave Creek Perm; CV/Mat Perennial 10' 74' .02 Total Stream Impact (by length and acreage) 584' 1 Updated 11/1/2005 Page 8 of 13 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) 6. List tl he cumulative impact to all Waters of the U.S. resulting from the rojea Stream Impact (acres): 0.1 Wetland Impact (acres): Open Water Impact (acres): Total Impact to Waters of the U.S. (acres) Total Stream Impact (linear feet): 584' 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 local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: VII. Impact Justification (Avoidance and Minimization) watering, irrigation, aesthetic, trout pond, Expected pond surface area: 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. Updated 11/1/2005 Page 9 of 13 Previous design submitted in 2005 created a meandering restoration stream This design was rejected by the citizens due to the negative impacts on private property, the increase in stream cross section and the legal aspects of moving a stream that is a recognized property line This plan adopted by the Town of Kenansville addresses the specific erosion areas of concern and is targeting resolving erosion problems that, left uncorrected could eventually damage water lines sanitary sewer lines, road beds and buildings. 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 (see DWQ website for most current version.). 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. Updated lt/1/2005 Page 10 of 13 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://www.nceep.net/pages/inlieureplace.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 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): 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 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 Updated 11/1/2005 Page 11 of 13 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multinliers. Zone* Impact Multiplier Required (square feet) Mitieation 1 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Project will not add any impervious area. 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. Project will not create any sewage. 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) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No Updated 11/1/2005 Page 12 of 13 09-26-'08 15;48 FROM-Town Of Kenansville 9102960707 XV. T-064 P001/001 F-165 if yes, please submit a qualitxhve or quantitative cumulative impact analysis in acaordancc with the most teem North Carolina Division of Water QuWAY policY poste on our websm: at J . If no, please provide a short narm&c deseriptiow .- Proiect will not increase. dWALOR ne-MgtrM join an established M-id , nei?hb. _ o other arcumsances (00084: it is ft applicant's wsponsibili'ty to submit the application sufficiently in advaw-e of deed corLSacuction dates to allow processing time for these petmits. However, an applicant MAY choose to last cansassociawd eUes n foakes, d associated with Endangered and Wo?IC SChGdIiIGB (e.g., , draw-down whh Threatened, Species, accessibility problems, or o*a issues outside of the applicant's comt+rol). 2-4?A? ,D$ anVAj=e AtUr9 Date (Agent's sigam is valid only if an authorization ktW ftom the applicant is provided.) Updred 11/1 ms Page 13 of I3