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HomeMy WebLinkAbout20150539 Ver 3_Riparian Buffer Authorization_20171026�oISo�3`I PNTA Environmental Consultants \/3 34 Castlewood Drive Clayton, NC 27520 (919) 624-8825 October 22, 2017 NC DWQ, WBSCP Unit 1650 Mail Service Center Raleigh. NC 27699-1650 Re: Buffer Authorization for Parkview Subdivision Phase 14 City Road, Clayton, NC 27520 PIN#: 165912-87-3234 Dear Sir/Madam: Please find attached the PCN, permit drawings, and supporting documentation for the Parkview Subdivision Phase 14, a proposed residential subdivision located in Clayton, North Carolina. Parkview Subdivision Phase 1 — 13 was permitted under NWP 29 SAW -2015-01165 and DWR#15-0539 authorizing the fill in a UT to Sam's Branch for 130 LF associated with a road crossing, 16,135 ft= of Zone I impact and 4.092 ft= of Zone 2. This PCN requests an additional Zone l impact of 639 W and Zone 2 impact of 3,297 ft= associated with a road crossing, a 10' wide sewer utility maintenance corridor, and minor grading activities. Buffer Impact Area 1 consists of 1,522 ft'- of Zone 2 impacts associated with minor grading. This area will be revegetated and allowed to return to its natural state. Buffer Impact Area 2 consists of 1,349 ft= of Zone 2 impacts associated with the construction of a road and a retaining wall. The roadway was designed to be as close as possible to the property boundary line in order to avoid any Zone 1 and stream impacts. There are no other access points to this area that would avoid any stream or riparian buffer impacts. Buffer Impact Area 3 consists of 639 ft= of Zone 1 impacts and 426 ft= of Zone 2 impacts associated with a gravity sewer maintenance corridor. The permanent maintenance corridor was reduced to 10' wide through the riparian buffer area. No temporary or permanent stream impacts are proposed since the sewer crossing will be installed using jack and bore under the stream. Stormwater and Diffuse Flow The proposed development is subject to the Nutrient Sensitive Waters (NSW) stormwater regulations administered by Johnston County, The Town of Clayton has an intergovernmental agreement with Johnston County for stormwater review and approval for new developments. Full construction plans, stormwater calculations, and nutrient calculations will be sent to Johnston County concurrently with this PCN for approval. If any additional information is needed, please advise. Sinc .lv. Jamie Guerrero, PE, CPSWQ PNTA Environmental Consultants Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑ Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes © No For the record only for Corps Permit: ❑ Yes ❑ No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Parkview Subdivision Phase 14 2b. County: Johnston 2c. Nearest municipality / town: Clayton 2d. Subdivision name: Parkview 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Donald C. Adams 3b. Deed Book and Page No. Book 04830 Page 0028 3c. Responsible Party (for LLC if applicable): 3d. Street address: 1340 Old Drug Store Road 3e. City, state, zip: Garner, NC 27529 3f. Telephone no.: (919) 763-7278 3g. Fax no.: 3h. Email address: donnie@adamsandhodge.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ❑ Other, specify: 4b. Name: Jamie Guerrero, PE, CPSWQ 4c. Business name (if applicable): PNTA Environmental Consultants 4d. Street address: 34 Castlewood Drive 4e. City, state, zip: Clayton, NC 27520 4f. Telephone no.: (919) 624-8825 4g. Fax no.: 4h. Email address: jamieguerrerope@gmail.com 5. Agent/Consultant Information (if applicable) 5a. Name: Jamie Guerrero, PE, CPSWQ 5b. Business name (if applicable): PNTA Environmental Consultants 5c. Street address: 34 Castlewood Drive 5d. City, state, zip: Clayton, NC 27520 5e. Telephone no.: (919) 624-8825 5f. Fax no.: 5g. Email address: jam ieguerrerope@gmail.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): PIN 165912-87-3234 1 b. Site coordinates (in decimal degrees): ILatitude: 35.66300 Longitude: -78.46601 1c. Property size: 34.29 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Sam's Branch 2b. Water Quality Classification of nearest receiving water: C -NSW 2c. River basin: Neuse 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Wooded site adjacent to residential and agricultural zoned areas 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2,829 LF 3d. Explain the purpose of the proposed project: Phase 14 is a phase in the Parkview Subdivision that will consist of residential townhouses. 3e. Describe the overall project in detail, including the type of equipment to be used: Clearing, grubbing, and mass grading using mechanized construction equipment. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project(including all priorphases) in thepast? ® Yes ❑ No ❑ Unknown Comments: SAW -2015-01165 4b. If the Corps made the jurisdictional determination, what type of determination was made? ® Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: PNTA Env. Consultants Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. See attached — SAW -2015-01165 (Date: 8/02/2017) 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ® Yes ❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. SAW -2015-01165 authorizing the placement of 130 LF of fill in a UT to Sam's Branch for the purpose of road crossings. DW R #15-0539 401 and Buffer Approval authorizing 50 LF of stream impact and total buffer zone 1 impacts of 4,022 sq. ft. and Zone 2 impacts of 2,719 sq. ft. for Phase 1 of the Parkview subdivision. DWR #15-0539 v2 — 80 LF stream impact for road and total perm. buffer zone 1 impacts of 12,113 sq. ft., zone 2 of 1,373 sq. ft. 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. Phase 1-7 has already been completed. Phases 8-13 are under construction. This PCN is for Phase 14 of the development. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ❑ Streams – tributaries ® Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) —Temporary W1 - Choose one Choose one Yes/No - W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) C-1 - Choose one S2 - Choose one S3 - Choose one S4 - Choose one S5 - Choose one S6 - Choose one 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form – Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Tem ora T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose O2 Choose one Choose 03 Choose one Choose O4 Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ® Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman []Other: 6b. Buffer Impact number- Permanent (P) or T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet -Temporary Impact 1 -P Minor Grading UT to Sam's Branch Ye No 0 1,522 Impact 2 -P Grading, Roadway, Retainine wall UT to Sam's Branch Yeo 0 1,349 Impact 3 -P Utility Corridor UT to Sam's Branch Ye49 639 426 - Yes/No - Yes/No 6h. Total Buffer Impacts: 639 3,297 6i. Comments: To minimize the buffer impacts, the roadway was located as close to the adjacent property line as possible which avoids any stream and zone 1 impacts. In addition, a retaining wall will be constructed in order to avoid any grading in zone 1. Also the sewer maintenance corridor was reduced to 10' through the riparian buffer. The sewer will be installed using jack and bore to avoid any temporary impacts to the stream and minimize buffer disturbance. Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. See comments above in 6i. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. See comments above in 6i. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ® No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Stormwater from impervious area will be directed to a constructed stormwater pond to [Yes ❑ No be approved by Johnston County. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? % 2b. Does this project require a Stormwater Management Plan? Yes No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: This project requires an approved Stormwater Management Plan from Johnston County. The SWMP is being submitted to the County in concurrence with the PCN submittal. 2e. Who will be responsible for the review of the Stormwater Management Plan? Johnston County 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Town of Clayton Phase ® NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review Coastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006-246 Other: 4b. Has the approved Stormwater Management Plan with proof of approval been Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval Yes C] No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes Q No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ®No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. This project is the final phase of a multi -phase residential subdivision subject to the Neuse River Buffer rules and NSW Stormwater Regulations. 4. Sewage Disposal (DWQ Requirement) 4a. 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. Sewer service will be provided by the Town of Clayton which has already reviewed and made the determination that capacity is readily available. The sewer will connect to an existing gravity main located on the north side of Sam's Branch. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? C] Yes ®No 5b Have you checked with the USFWS concerning Endangered Species Act i impacts? C1 Yes ®No 5c. If yes, indicate the USFWS Field Office you have contacted - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural Heritage Database 1 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state. federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? ❑ Yes ® No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes ®No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FIRM Panel as shown on the Johnston County GIS mapping website. Applicant/Ageffs Printed Name 44 10 21Z Date Applicant/Agent's S nature (Agent's signature is valid only if an authorization letter frorn the applicant i w Page 10 of 10 FF P, I G 3. VA VA Vsa� .� - V��,�/Jai— $ V1 1�11� \ .1 ,`•Mill IRS 11 � I L�I�\� \\\ \��•��/ w,��yi \ i1�\\I I�1111';11I Ra500 j \ \ \ \ I I T-� III O \� �I 1 51 ` \ O 55 i 52 �• 1 / 1 i V / v AI 1, /�� "%%i�� ii • � / /, � "' . 1 "� g \ � l � \� \ I i�iii iii i /i / s/ , � 53 r 1 54 v vvvvWFFER IMPACT I Y I R IMPA \ \\ • \ \ ` \ t b _ 325— \ \ \ \ \ 1 SCALE: 1= 401 EXHIBIT DRAWING NOT FOR CONSTRUCTION z O o� m� D W V)CL N � Q W= Y Of Q a- LEGEND & SUMMARY OF IMPACTS PERM. ZONE 1 IMPACTS PERM. ZONE 2 IMPACTS BUFFER IMPACT 1 ZONE 2: 1,522 SQ. FT. (GRADING ONLY) BUFFER IMPACT 2 ZONE 2: 346 SQ. FT. (GRADING & RETAINING WALL) ZONE 2: 1,003 SQ. FT. (ROADWAY) BUFFER IMPACT 3 ZONE 1: 639 SQ. FT. (10' UTILITY MAINT. EASEMENT) ZONE 2: 426 SQ. FT. (10' UTILITY MAINT. EASEMENT) \ \\ • \ \ ` \ t b _ 325— \ \ \ \ \ 1 SCALE: 1= 401 EXHIBIT DRAWING NOT FOR CONSTRUCTION z O o� m� D W V)CL N � Q W= Y Of Q a-