HomeMy WebLinkAbout20040223 Ver 3_401 Application_20081009October 7, 2008
NC Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Attention: Mr. John Dorney
SUBJECT: Eagle Farms
Peppermill Drive Impact
PN# 06-104
DWQ Project # 04-0223 W U 3
Dear Mr. Dorney:
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Enclosed is an updated (new) application and fee for an Isolated Wetland Impact. The previous
application had expired. This updated application includes the State's verification of the location of the
isolated wetlands. Please review this new application for approval of the proposed impacts.
Please notify me immediately if I need to provide any other information.
Respectfully,
Sean P. Hein, PLS
SPH
PAB1L]NNE\06104\0ffice\1ohn Domey Letter 10-07-08.doc
U LIT 9 2008
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DENR - VVAfERi OUALITY
WETLANDS AND STORMWATER BRANDY
GREEN ENGI NEE RI N G, PLLC
WATER, WASTEWATER SURVEYING, PLANNING, PROJECT MANAGEMENT
303 N. GOLDSBORO ST. PO BOX 609 WILSON N.C. 27893 TEL 252.237.5365 FAX 252.243.7489 WWW.GREENENGINEERING.COM
Office Use Only: Form Version March 08
USACE Action ID No. DWQ No. o+- o a d 3 L).3
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
PA 19")
1. Check all of the approval(s) requested for this project:
? Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ® Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
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 [AM i)
2008
1. Owner/Applicant Information
MERORM
Name: Bunn-Eagles Farm, LLC (Fred Bunn) nPWR-O(EF'QUAUTY
Mailing Address: 2231 Nash Street NW Suite D WLANOSAN0 1
Wilson. North Carolina 27896
Telephone Number: 252-291-1092 Fax Number: 252-291-7899
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: Sean P. Hein
Company Affiliation: Green En ing eering, PLLC
Mailing Address: Post Ofice Box 609
Wilson, North Carolina 27893
Telephone Number: 252-237-5365 Fax Number: 252-243-7489
E-mail Address: s. heinna rem 'neerinz. com
PABUNN006104\0fficeUmpact210-3-08.docPage 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: Eagle Farm Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 3713-57-9600
4. Location
County: Wilson Nearest Town: Wilson
Subdivision name (include phase/lot number): Eagle Farms, Section XII
Directions to site (include road numbers, landmarks, etc.): From Wilson, take Nash Street
North (NC Hwy 58), right on Peppermill Drive. Site at end of existing paved drive.
5. Site coordinates (Lat/Long or decimal degrees): N35'46'12.6" W 77° 56'12.28"
(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): 6.80 ac
7. Name of nearest receiving body of water: UT to Toisnot Swamp
8. River Basin: Neuse
(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:_ Commercial and Residential land use directly adiacent to
wetland area. Land has been used for farming in past currently vacant.
PA13UNNE\06104\0ffice\Impact210-3-08.docPage 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used: Proposed
construction of street with curb and ,gutter. All public utilities' including, water, sewer and
storm drainage for residential subdivision.. Equipment to be used: Heavy grading and utility
installation eauipment.
11. Explain the purpose of the proposed work: Development of residential subdivision - Eagle
Farm Section XII
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. There have been previous impacts to site as follows: SO if stream
March, 2004 USACOE ID#200420666. Also adjacent shopping complex had a violation Case
No. WO-2006-0006 to this same wetland area. Drainage swale installed throuzh wetlands. This
request will install a permanent road fill and eliminate the drainage swale.
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 other Wetlands Impacts are requested or anticipated for this project.
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.
PABUNNE\06104\Office\Impaa2 10-3-08.docPage 7 of 13
1. Provide a written description of the proposed impacts: Impact to Isolated Wetlands for Road
Installation and Lot Development.
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.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
1 Fill Isolated - Forest No 9001+1- 0.94
Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: 1.29
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43.560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
Total Stream Impact (by length and acreage)
PABUNNE\06104\OfficeVmpact210-3.08.docPage 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, dred2in2, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on map) 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 f
ne cumuiative impact to an waters or the u.6. resuitmg nom the project
Stream Impact (acres):
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet):
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ? No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
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. Road connection necessary to
PABUNNE\06104\0ffice\Impad210-3-08.docPage 9 of 13
connect subdivision to surrounding parcels. Wetlands are at end o existing road and it is not
possible to re-locate connection to avoid the impact. Right=of-way has been recorded, sanitary
sewer already exists in this area.
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.ne.us/nowetlands/strmizide.html.
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.
Request payment to NCEEP i mitigation is requested.
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
PABUNNE\06104\Office\1mpaca 10-3-08.docPage 10 of 13
website at htt2://h2o.enr.state.ne.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page three and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres): 0.94
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
P:\BUNNE\06104\OfficeUmpad210-3-08.docPage 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 multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 0 3 (2 for Catawba) 0
2 0 1.5 0
Total 0 0
* 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. No buffers to be impacted - no bum
mitigation requested.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater
controls proposed in order to protect surface waters and wetlands downstream from the property. If
percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed
impervious level. Existing impervious on undeveloped areas is low to zero percent. The development
proposes halfacre size lots and impervious will be under 30016. Footprints unknown, custom builders.
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.
Wastewater treated by City of Wilson through the gravity collection system.
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
PABUNNE\06104\Office\Impact210-3-08.do0age 12 of 13
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
This connects existing subdivision with main entrance. No other lots or commercial
development is planned in this area
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
PABUNNE\06104\0ffice\Impaa210.3-08.docPage 13 of 13
MAY-24-2007 THU 11:53 AM BUNN & COMPANY LLC
FAX NO, 2522917899
i, Fred M. Bunn, owner of Bunn Eagles Farm, LLC, authorize Green Engineering
to act as my agent in applying for and obtaining permits for stream and wetland
impacts and water quality certifications.
Date
P I.PEIE L WMPloyedS=R W1W E1RAA 4*11-i- UT, 574474-
303 N, 64110SOORO SS
Fred M. Bunn
GM11 ENGINEE111116, PLLC
WATER, WAE7EWAT4I1 SURVEYING, PLANNING, PROJECT MANAGEMENT
PO POX 690 WILSON N.S. 27903 TEL 253 337.5365 OAK 252.241,7400 WWW,GPE ENE NGINEE RING.COM
P. 02
OF W ATF9
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Green Engineering, PLLC
Attn: Sean Hein
P.O. Box 609
Wilson, NC 27893
DG-10y
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
June 23, 2008
ISOLATED WETLAND DELINEATION VERIFICATION
County: Wilson
Project Name: Bunn-Eagle Farm
Location/Directions: at the end of Peppermill Drive in Wilson, NC
Date of Isolated Wetland Verification(s): 6/16/08
The isolated wetland delineation was reviewed and verified. DWQ concurred with the boundary of the
wetland as seen on the attached map.
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 may request a
determination by the Director. A request for a determination by the Director shall be referred to the
Director in writing c% Cyndi Karoly, DWQ Wetlands1401 Unit, 2321 Crabtree Blvd., Raleigh, NC
27604-2260. 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 150B 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 an Isolated Wetlands Permit for the
proposed activity. Any inquiries should be directed to the Division of Water Quality (Central Office) at
(919)-733-1786
Respectfully,
Lauren C. Witherspoon
Environmental Senior Specialist
NoAhCarolina
Naturally
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service
Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 571-4718 1-877-623-6748
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AADE UNDER MY SUPERVISION (DEED DESCRIPTION RECORDED AS SHOWN IN REFERENCES;
BOUNDARIES NOT SURVEYED AfJE CLEARLY INDICATED AS DRAWN FROM INFORMATION
I REFERENCES AS SHOWN; THAT ' E RATION OF PRECISION AS CALCULATED IS 1:10,000+; NOTES
S PLAT WAS PREPARED IN ACCANCE WITH NCGS 47-30 AS AMENDED. WITNESS MY
SIGNATURE, REGISTRATION NUMB AND SEAL THIS _ DAY OF OCTOBER, A.D.. 2007. 1. AREAS COMPUTED BY COORDINAT
2. DISTANCES ARE GROUND DISTANC
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WILSON COUNTY, NORTH CAROLINA NO. 1