HomeMy WebLinkAbout20090108 Ver 1_401 Application_20090209pplied Keoource Management, F.C.
09-0 108
January 30, 2009
NCDENR, DWQ
Wetlands and Stormwater Branch
401 Oversight/Express Permitting Unit
Attn: Ian McMillian, 401 Coordinator
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
tr? 0 W rM jq?
FEP 6 2009
DENR - WATER QUAU1Y
WETLANDS AND STORMWATER BRANCH
RE: 401 Certification and Isolated Fill Impact PCN Notification
7.48 Acres Tract - 257 Transfer Station Road Property
Hampstead, Pender County, North Carolina
Dear Mr. McMillain,
Enclosed is six copies of the following documents for your review;
Pre Construction Notification (PCN)
Figure 1 Site Vicinity Map (On USGS Topographic Map)
Figure 2 SCS Site Soils Map
Figure 3 Pender County Site Soils And Tax Map
Talbot Land Surveying Preliminary Site Drawing with Topographic Lines
(Two Large and four 11 "x 17" drawings)
Talbot Land Surveying Preliminary Site Drawing with Proposed Impact Areas
(Two Large and four 11 "x 17" drawings)
Michael Gallant, PE, PA SWP 1 Jim Cornette
(Two Large and four 11 "x 17" drawings)
I have also forwarded one copy of this correspondence to Joanne Steinhuis in the
Wilmington Regional Office for her review. If you have any questions, or need any
additional information please do not hesitate to contact me at (910) 270-2919 or 617-1497.
Sincerely
Ellen F. Cornett , R.S.
Wetlands Specialist/Property Co-Owner
Enclosures I'0. box 882
cc: Joanne Steinhuis, w/enclosures Hampotead, NC 28443
910.270.2919
FAX 270.2988
0 9- 0 1 0 8
0 O?- WArFRpG FED 3 2009 Office Use Only:
Corps action ID no.
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information: James and Ellen Cornette
1. Processing
1 a. Type(s) of approval sought from the
Corps: Isolated Fill/Excavation Permit
El Section 404 Permit ? Section 10 Permit 401 and Isolated Fill
1 b. Specify Nationwide Permit (NWP) number: NA or General Permit (GP) number: NA
1 c. Has the NWP or GP number been verified by the Corps? ? Yes q? No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
q? 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:
qE1 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 q? No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. q? Yes ? No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes q? No
2. Project Information
2a. Name of project: 257 Transfer Station Road
2b. County: Pender County
2c. Nearest municipality / town: Hampstead
2d. Subdivision name: 257 Transfer Station Road
2e. NCDOT only, T.I.P. or state
project no: NA
3. Owner Information
3a. Name(s) on Recorded Deed: James Corvette
3b. Deed Book and Page No. DB 1705/PG 107
3c. Responsible Party (for LLC if
applicable): NA
3d. Street address: Mailing: P.O. Box 1277, Physical: 257 Transfer Station Road
3e. City, state, zip: Hampstead, NC 28443
3f. Telephone no.: (910) 512-4890 cell, (910) 270-2919 work
3g. Fax no.: (910) 270-2988 work fax
3h. Email address: cornettefc(&Yahoo.com
Page 1 of 11
PCN Form -Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent 4E] Other, specify: Spouse and co owner
4b. Name: Ellen F. Cornette
4c. Business name
(if applicable): NA
4d. Street address: Mailing: P.O. Box 1277, Physical: 257 Transfer Station Road
4e. City, state, zip: Hampstead, NC 28443
4f. Telephone no.: (910) 512-4890 cell, (910) 270-2919 work
4g. Fax no.: (910) 270-2988 work fax
4h. Email address: cornettefcavahoo.com
5. Agent/Consultant Information (if applicable)
5a. Name: NA
5b. Business name
(if applicable): NA
5c. Street address: NA
5d. City, state, zip: NA
5e. Telephone no.: NA
5f. Fax no.: NA
5g. Email address: NA
Page 2 of 11
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 4203-27-3881-000
1 b. Site coordinates (in decimal degrees): Latitude: 34.395415 Longitude: -77.666055
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 7.48 acres
2. Surface Waters
Manmade ponds and ditches adjacent to and part of the
2a. Name of nearest body of water (stream, river, etc.) to Belvedere Golf Course that flow to the headwaters of
proposed project: Middle Creek to the East and South East that eventually
frow to the AICWW
2b. Water Quality Classification of nearest receiving water: Unknown
2c. River basin: Cape Fear
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:
The site is currently developed and an office warehouse and primarily undeveloped. The site is adjacent to Transfer
Station Road to the southwest the northwest by a office warehouse building and undeveloped land to the north east and
southeast. Land use in the general vicinity ix mixed with undeveloped land, waste transfer station, offices and residential.
3b. List the total estimated acreage of all existing wetlands on the property:
1.21 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
NA
3d. Explain the purpose of the proposed project:
Currently the site has minimal development, and we are proposing to develop the site consistent with its current use, such
as office warehouse for businesses. We are proposing to use the area designated as a storm water pond.
3e. Describe the overall project in detail, including the type of equipment to be used:
Equipment that would be expected would consist of but not be limited to backhoes, excavators, compacters, dump trucks.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
4? Yes ? No ? Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
4E] Preliminary q0 Final - Under Revision
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Ellen Cornette, ARM, P.C. and field verified Other:
by Ronnie Smith USACE
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Pending review, will forward as soon as received.
5. Project History
5a. Have permits or certifications been requested or obtained for
? Yes ?? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Page 3 of 11
PCN Form -Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
6. Future Project Plans
6a. Is this a phased project? 40 Yes ? No
6b. If yes, explain.
The site will be developed as properties are sold.
Page 4 of 11
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
4? Wetlands ? Streams - tributaries ? Buffers
? Open Waters 40 Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 4? P ? T Excavation Isolated ? Yes
' E] No ? Corps
q? DWQ 0.37
W2 40 P ? T Fill Isolated ? Yes
4? No ? Corps
4? DWQ 0.094**
W3 q ? P ? T Fill Isolated ? Yes
q? No ? Corps
q? DWQ 0.103***
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0.567
2h. Comments: **This impact has occurred, site visit performed by Joanne Steinhuis of the NCDENR, DWQ WIRO at time of
impact. *** This is a proposed future drive/road access to the rear of the property.
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. Not applicable
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404 width (linear
Temporary (T) (INT)? ,
other) (feet) feet)
S1 ? P R T ? PER ? Corps
? INT ? DWQ
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts
3i. Comments:
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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 individual) list all open water impacts below. Not applicable
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ? P ? T Not applicable Not applicable Not applicable Not applicable
02 ?P?T
03 ?P?T
04 ?P?T
0. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1 Storm Water 0.37 NA NA NA 0.37
P2
5f. Total 0.37 0.37
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ?? N
If
it ID
o
yes, perm
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 an impacts require mitigation, then you MUST fill out Section D of this form. Not applicable
6a.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required?
1311 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
133 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11
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.
The area proposed for impact is utilizing the minimum area of wetlands on the site in addition to uplands with the flow of
the 7.48 tract directed to this area. The pond was designed to have minimal impacts on the wetlands. Also in locating
the pond in this area, the wetland area will have more consistent flow to the area. Within the area of impact the primary
impact will be excavation; however, a small berm will be erected around the rim of the storm water pond as containment.
The access road near the existing structure will be a fill impact when designed minimized as much as possible.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The
construction will be excavation and the soils will be stockpiled in upland areas to be used on site for future development
needs. The stock piled soil will be contained with silt fence to prevent erosion of the excavated soils until distributed on
the site.
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 4E] 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: Not applicable
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program Not applicable
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
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 Not applicable
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form -Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ Not applicable
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 Not applicable 3 (2 for Catawba)
Zone 2 Not applicable 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 8 of 11
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified Yes q? 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.
El Yes El No NA
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 80%
2b. Does this project require a Stormwater Management Plan? 40 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:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? 4? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review Not applicable
3a. In which local government's jurisdiction is this project?
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? 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
q? Coastal counties
4a. Which of the following state-implemented stormwater management programs apply ? HQW
? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes 4? No
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 9 of 11
PCN Form -Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. 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
? 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 ® No
or Riparian Buffer Rules (15A NCAC 213 .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.
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.
On-site wastewater or small community with subsurface disposal will be permitted through the Pender County Health
Deparetment
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or El Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes
®No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. El Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Not applicable
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? T Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Not applicable
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
t
t
N
? Yes ®No
s
a
us (e.g.,
ational Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Not applicable
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? Pender County Planning and Zoning GIS website flood
maps
Ellen and James Cornette 1/28/2009
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is rovided.
Page 11 of 11
Adapted from U.S.G.S. Topographic
Map "Topsail, N.C.," 1970
Contour Interval = 5'
7 rplied Resource Management f G
P. O. Box 882, Hampstead, NC 28443
(910) 270-2919 FAX 270-2988
TITLE:
Site Vicinity Map
JOB: SCALE; DATE: DRAWN BY:
0607 1 "= 1,000' 1/28/09 EFC
FIGURE;
,'I
r,
h�
•
4F
s
4&1,
•
•
•
J
�R
_ R
Opt
04,
1:j
+e•. $
ads-
� �i'3
7►
f�'^t )�'.. y a$� +444"a�
"
,. 999 •.Y
MAI
1
s
1
I
TITLE:
FIGURE:
II '/ K650urce, Mariaclernerit
1 1 1•