HomeMy WebLinkAbout20081727 Ver 1_401 Application_20081108John and Debbie Verderame
117 Goldenthal Ct.
Cary, North Carolina 27519
Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh NC 27699-1650
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Re: Buffer Rule Allowance Letter for Property at 117 Goldenthal Ct. Cary, NC 27519
Ladies and Gentlemen:
Enclosed are five (5) copies of an application seeking an Allowance Letter in
connection with the Buffer Rules. We are requesting an Allowance Letter in connection with
the Buffer Rules only. Therefore, in accordance with the Division of Water Quality application,
no application fee is required.
We appreciate your consideration of this matter. Should you have any questions
regarding out application, please don't hesitate to contact me at home at (919) 463-9653 or on
my cell phone at (919)810-0681.
Sincerely,
John A. V erderame
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Office Use Only: Form Version March 08
USACE Action ID No. DWQ No. 0 v _ 1 2 7
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
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: None
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ? N/A
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: ? N/A
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: ? N/A
II. Applicant Information
, ? r\Y1
1. Owner/Applicant Information NOV s, 0 2008
Name: John Verderame
Mailing Address: 117 Goldenthal Court, Cary, NC,27519 'WETLANDS AHp 8TMRMWATER BUNCH
Telephone Number: 919-463-9653 Fax Number:
E-mail Address: iohn.verderameL&pgnmail.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: NA
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
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: Residential Deck 117 Goldenthal Ct, Cary NC 27519
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 07443964
4. Location
County: Wake Nearest Town: Cary
Subdivision name (include phase/lot number): L0344 Preston Village North P5 BM1997-
816
Directions to site (include road numbers, landmarks, etc.): Davis drive to Preston Village
Way to Cleaport Dr to 117 Goldenthal Ct
5. Site coordinates (Lat/Long or decimal degrees): 35.809019329523124,78.885274335741997_
(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): 0.47 Acres
7. Name of nearest receiving body of water: UT to Crabtree Creek
8. River Basin: Neuse River
(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 property, existing single family house with
existing attached deck
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used:
Replacement and extension of existing deck structure, a wood deck approximately 8 feet
above grade with an open decking and no roof. No mechanical earth moving will be done.
11. Explain the purpose of the proposed work: To replace the deteriorating deck
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. Original Permit 0000003232
,Original Permit date 8/05/1997
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.
None
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: No impacts
Page 7 of 13
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 hoth structure and flnndina
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
( es/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:
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. multinly length X width. then divide by 43.560_
Stream Impact
Number
(indicate on map)
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)
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. dredginp_ floodinu_ drainage hrnikheadc 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)
Page 8 of 13
Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0
Total Stream Impact (linear feet): 0
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. No impact is anticipated.
The open deck will have complete through drainage to the grade below.
VIII. Mitigation
Page 9 of 13
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
htt_p://h2o.enr.state.nc.us/ncwetlands/strmgide.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.
N/A
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/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):
Page 10 of 13
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
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 ?
IX. 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 213 .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 Neuse )? Yes X No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Impact Required
Zone* , ,.,...--r -, Multiplier ,,
1 I 0 13 (2 for Catawba)
2 570 1.5 0
Total I 570 I I 0 I
* 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
Page 11 of 13
within 15A NCAC 2B .0242 or .0244, or .0260. No mitigation required per Martin
Richmond at NC Division of Water Quality
X. 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.
XI. 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.
Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application? Yes ? No X
XII. 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 X
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: No
residential or Commercial development is involved
XIII. 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).
Page 12 of 13
)-OS
Applicant/Agent's Signature I Dfate
s signature is valid only if an authorization letter from the applican t is provided.)
Page 13 of 13
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0? W A TF9 Kchael F. Easley, Governor
Q William G Ross Jr., Secretary
4North Carolina Department of Environment and Natural Resources
} t_-? Coleen H Sullins. Director
c Division of Water Quality
October 30, 2008
John & Debbie Verderame
117 Goldenthal Ct
Cary, NC 27519
N B R RO#08-205
Wake County
BASIN:
Neuse River X Tar-Pamlico
(15A NC AC 2B .0233) (15A NCAC 2B .0259)
Project Name: 117 Goldenthal Ct Ca
Location'Directions: Subject parcel is a private residence located at the project address
Subject Stream: UT to Crabtree Creek
Date of Determination: October 30, 2008
Feature(s) I Not Subject Start (ui, i Stop(a) tirrearn SoiI Survey Subject
SubJ'r ct ?..._
_-- - X Throughout Form l is tX t
A --t _
.
Explanation: The teaturcKs> listed above has or have been located on the Soil Survey of Wake County. North
Carolina or the most recent copy of the l iS(S Topographic map at a 1:24,000 scale. Each feature that is checked
"Not Subject' has been determined not to he a stream or is not present on the property. Features that are checked
"Subject" have been located on the property and possess characteristics that qualify it to be a stream. -There may be
other streams located on your property that do not show up on the maps reterenced above but, still inay be
considered jurisdictional according to the US Army Corps of Engineers and'or to the Division of Water (Quality.
This on-site determination shall expire rive (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water
exists and that it is subject to the buffer rule may request a determination by the Director. A request for a
determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly , DWQ
Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination
by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for
an ad judicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are
herebv 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 1508 of the North Carolina General Nt `I Caroh
,raturally
!forth Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone idyl 791-3200 ( 'u>tomcr Sin icc
Internet h20.enr4 Wte.ne.us 1628 Mail Service ('enter Raleigh. NC 27699-1628 FAX 1919) 571-471X 1-87'-(,21-048
An Equal OpportunityiAffirma ive Action Employer - 50% Recycle 1011. Post Consurrler Paper
1 17 GoldenthaI Ct Cary
Wake County
October 30, 2008
Page 2 o1 *2
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
determination is final and binding unless you ask for a hearing within 60 days.
The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property
(stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries
should be directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army
Corp of Engineers (Raleigh Regulatory Field Office) at (919)-876-8441.
Respectfully,
j
Martin Rid6ond
Environmental Specialist
CC: Wetlands/ Stormwater Branch, 2321 Crabtree Blvd. Suite 250, Raleigh, NC 27604
RRO/SW P File Copy
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North Carolina Division of Water Quahty Raleigh Regional office Surface Water Protection Phone (919) 791-42(10 Customer Service
intemet: h2o.enr.state.ncus 1028 Mail Service Center Raleigh. NC 27699-1628 FAX (919) 571.4718 1-877-623-6748
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