Loading...
HomeMy WebLinkAbout20180160 Ver 1_401 Application_201802181-22-18 $ PAID Attn: Wetlands Unit I have been communicating with Alan Johnson out of the Mooresville, NC office. I had started a dredging operation at my boat ramp on January 11`h when I was instructed to stop dredging until I received proper permitting from the Army Corp and NC DWQ. Some dirt was removed from the excavation site. Per Mr. Johnson's instructions, I have included pictures provided by Cube Hydro of what the area at my boat ramp looked like before starting and pictures I took of where the project currently stands. I am applying for an "after the fact" permit for the dredging that has already taken place and looking to obtain permission to complete the dredging at the boat ramp. I would also like to extend the dredging to my pier and on either side of my pier. Mr. Johnson instructed me to put everything on this permit. Kyle Yoder E Ld i 2018 O�OF W A rF'9 IMO -c Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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: 30 1 c. 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): N 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 N 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: Kyle Yoder Dredging Project 2b. County: Rowan 2c. Nearest municipality / town: Salisbury 2d. Subdivision name: Pebble Point 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Kyle Yoder 3b. Deed Book and Page No. 1197/243 3c. Responsible Party (for LLC if applicable): 3d. Street address: 635 Pebble Point 3e. City, state, zip: Salisbury, NC 28146 3f. Telephone no.: 704-918-0864 3g. Fax no.: 3h. Email address: yoder.kyle@gmail.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 ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 11 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 606-A-018 Latitude: 35.666162 Longitude: - 1 b. Site coordinates (in decimal degrees): 80.347739 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 0.32 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to High Rock Lake proposed project: 2b. Water Quality Classification of nearest receiving water: Unknown 2c. River basin: Yadkin River 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: There is boat ramp, sea wall, rip rap, and pier currently on the site. The general land use is resendential and the proposed site for dredging is for recreational use. 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: Unknown 3d. Explain the purpose of the proposed project: Dredge in front of resedential property to 8 ft deep along boat ramp and on either side of existing pier. Current depth varies, but is roughly 7 to 7.75 ft at pier floater. 3e. Describe the overall project in detail, including the type of equipment to be used: I plan to dredge the lake bottom using an excavator or mini excavator. A bobcat may be needed to help load the dirt onto F450's with a dump trailer for removal. A larger dump truck could possibly be used if it can back down driveway to speed the removal of dirt. All excavated dirt will be removed inland. Dredging to 8ft will allow easier access of boat launching and removal at the boat ramp and give better depth at the pier since the lake is almost never kept at full pond. The lake bottom in our cove is likely between 10-12 feet. The water was recently down 9.54 feet and we still had plenty of water in our cove. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ❑ Yes ❑ No ® Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ❑ Preliminary ❑ Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version S. 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. Permits were granted by Alcoa to replace the pier and rebuild the detioriating seawall. The boat ramp and rip rap were already in place prior and were listed on my annual pier permit when we purchased the property and had the permit transferred into our name. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 4 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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. 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 W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 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 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. 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 m (INT)? other) (feet) feet) S1 ❑ P [:IT ❑ 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 individually list all open water impacts below. 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 01 ®P ❑ T High Rock Lake Dredging Lake 0.32 02 ❑P❑T 03 ❑ PEI T 04 ❑P[IT 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond 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 P2 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. ❑ 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 impact required? B1 ❑P❑T El Yes ❑ No B2 ❑P[IT ❑Yes ❑ No B3 ❑P❑T El Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 6 of 11 PCN Form -Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 18. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. N/A 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. N/A 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 El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: N/A 3b. Credits Purchased (attach receipt and letter) Type N/A Quantity N/A 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: ❑ 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 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. N/A Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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 8 of 11 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la. 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. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? N/A % 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: N/A 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? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? N/A ❑ 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 ❑ 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 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. 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)? 1 c. 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 letter.) ❑ Yes ❑ No 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 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): The project was started because I had been given previous permission from Alcoa representative Robbie Cole to clean my boat ramp. That project has been started and some dirt was removed. The remainder of the dredging at the boat ramp and around the pier has not been started. The project has been stopped until proper permits have been issued by the Army Corp and NC DWQ, followed by Cube Hydro. 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. N/A Page 10 of 11 PCN Form —Version 1.3 December 10, 2008 Version S. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ 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? None, however dredging is only allowed when the water level is pulled down on High Rock Lake S. 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? None, however dredging is only allowed when the water level is pulled down on High Rock Lake 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 ❑ Yes ® No status (e.g., National 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? None B. 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? Kyle Yoder 01/19/2018 Applicant/Agent's Printed Name Date Applicant/A nt's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version 1/21/2018 Go gle Maps 635 Pebble Point x170 F2-1-7-01 5 The Woodpecker xvo x�l 635 Pebble Point - Google Maps Golden Pond Q M, Campground neo nae 2720 z€ 4, i§ Howlin i;ulnll'y rr,,+, d"e4 Officers Assoclatio_#9 Sunset Pointe Q 1635 Point � • Sa8 - 2x23 Map data 02018 Google 1000 ft 635 Pebble Point Salisbury, NC 28146 https://www.goog le.com/maps/place/635+Pebble+Point,+Salisbury,+NC+28146/@35.6687639,-80.3542738,15z/data=!4m5!3m4! 1 sOx88538e665e896249:Ox7f3l 9baO3l 2fd820!8m2! 3d35.666428!4d-80.... 1/2 1/21/2018 Go gle Maps 635 Pebble Point 635 Pebble Point - Google Maps 635 Pebble Point Salisbury, NC 28146 Imagery 02018 Google, Map date 02018 Google 20 ft hftps://www.google.comlmaps/place/635+Pebble+Point,+Salisbury,+NC+28146/@35.6661407,-80.3478605,96mldata=!3m 1 11 e3!4m5!3m4! 1 sOx88538e665e896249:Ox7f319baO312fd82018m213d35.666... 1/2 � 4�� � 1,�► O� �J�'J � �I �J O `3 a w. Z4 Z'p=pjjjeda6ess9wg�=joao9fojd4a6Z fg£Lpgaaa fig f/xogw#/p/n/liew/woo•el6006.l!ew//:sduy 6df• anzni i.—b «na Lnz a Ln7/77/ . I' yyII IVA yy�� hY w,. Pet I Arm, '. s .. ��+.. 4 :.. : -. ..,-.»•�.. - ..xsa e 'w' ash •, r '".yp' ' �' a.:°`a�.}-+ vX'v!"M"-'' b _ _ .,-*'�..��a ,�,.,,,,:.-,. �.,� �,.+�. ... � � �xu..x tit sati^ •� ,-_. •y � •4,v. "+hc''� ` 1"As eon a. _r Y t is ` All I 22/ZU Its ZU'lt$Ullb_IbJbJUjpg v6v-�- a ��j-S1ns https:Hmail.google.com/mail/u/O/#inbox/l 611 eee6d 138129e?projector=1 &messagePartld=0.1 1/2