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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: Q ^i' O..? J....?../ T - ,. 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 ?,r?' P '1 cc? 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 ?0 QG ? r 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 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper ? ? y iyu ui r i' O pp Q l 0 p e+f 1NfJ ?t r M M C ae ? N N T OD N ? H 40 M?1 C N N N N t C ? ? ? M Iff EMI' ? N M D l0 d e 2 2 1 2 2 g o 0 0 0 0 0 2 0 0 2 2 - !2 - X10 CL Q z _O tQ V 0 .j 0 1!J 11 e T 0 ?vl TOTO W C; M M O+f + L r M r r r M r r I r { f r ? d0 r 10 M O O ? C of N fMD t?`O O IR 0 r N r N r N r N r N dry N {+r? N r N a D C C t0 O O D tC N ? ?p G 10 '? r N !'t ? H f0 - 1? OQ {L - - 0-j p??! U O ?s? 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IERLY N3733'41'W LLC 11,35' W9 1 1 1, 1 79 605 605 LEGEI \ \ 242) PAGE F 26 E 80 ? \ T tPU . • N W BOOK PROF TMREE ON t i RM SECn D o 0 S A I 81 O O a D(ISl i A D(M k E OF SURVEY AND ACCURACY HEIN, CERTIFY THAT THIS PLATt WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL - - - 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 REFERENCES L-3995 1. COORDINATE SYSTEM IS IN NORTH PLANE GRID (NAD 27). REFERENC 4$,QF PURPOSE OF PEAT 2. WETLAND DELINEATION PERFORMEI EVIROMENTAL GROUP IN OCTOBER OR ZVEY IS 0# AN EXISTING PARCEL R PARCELS OF LAND AND DOES NOT CREATE A NEW BY GREEN ENGINEERING, PLLC. 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