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