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HomeMy WebLinkAbout20090639 Ver 1_401 Application_20090609 Og-0 6 3 9 Sunbury Volunteer Fire Department Sunbury Fire Station II at Corapeake 95 Parkers Fork Road Corapeake, NC 27926 252 465 8670 Attn: Ian McMillan 401 Oversight/Express Permitting Unit Division of Water Quality NC DENR 2321 Crabtree Blvd. Suite 250 Raleigh, NC 27604 Dear Mr. McMillan: PAID June 1, 2009 LER// otif JUN ? 2009 DENR - WATER QUALITY WETLANDS ANDSTORMWATE BRANCH I was advised that a permit from the North Carolina Division of Water Quality is needed prior to construction of the Sunbury Volunteer Fire Department building in Sunbury, NC. Enclosed are the following: 5 copies of cover page of approved nationwide # 14 from Corp of Engineers 5 copies of application to Corps of Engineers 5 copies of impact drawing at 1 inch equals 50 feet Check for $240.00 Please let me know if additional information is required. I may be reached at 252 465 8670 home or 252 333 2689 cell. Sincerely, J. Tom organ, Assistant Fire Chief Sunbury Volunteer Fire Department U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT ORM ID. SAW-2009-00712 County: Gates USGS Quad: Sunbury GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: Sunbury Volunteer Fire Department Address: Attn: Tom Morgan 95 Parkers Fork Road Corapeake, NC 27926 Telephone No.: 252-465-8670 Size and location of property (water body, road name/number, town, etc.): Property is located adjacent to Bennetts Creek, on the east side of HWY 32, just sound of Sunbury, in Gates County, North Carolina Description of projects area and activity: Project involves the filling of 0.07 acres of jurisdictional wetlands for the construction of an access to the Sunbury Volunteer Fire Department Applicable Law: M Section 404 (Clean Water Act, 33 USC 1344) ? Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 14 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Josh Pelletier at (252) 975-1616 extension 34. . Corps Regulatory Officials/ Date: Mav_ 7, 2009 Expiration Date of Verificati . Mav 7, 2011 The Wilmington District is c mitted to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at hM2.-//regulatory.usacesurvey.com/ to complete the survey online. Page 1 of 2 3 i 0 t !!i !E (?fu Gtr % ^©? EG 50` Legend Wet soil on project area Wet Soil To Be - impacted by project ca p a ?4 ? Q 4 E? b v V jQj{ z ?Q .p9-0639 wpr!?-Ate O 4G L MAID 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 I a. Type(s) of approval sought from the Corps: ?X Section 404 Permit ? Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: LO I + or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ? Yes ?X No 1d. 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 le. 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 NX No If. 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 ?X No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. N Yes ? No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ?X No 2. Project Information 2a. Name of project: Sunbury Volunteer Fire Department 2b. County: Gates 2c. Nearest municipality / town: Sunbury 5.) M 5?1 OW ` 2d. Subdivision name: N/A y 2e. NCDOT only, T.I.P. or state project no: N/A JUN 2, 2009 3. Owner Information 3a. Name(s) on Recorded Deed: James M. Holler Sr.. & Joy H. Hofler WETLANDS AND STORMWATER BRANCH 3b. Deed Book and Page No. Book 240 Page 70 3c. Responsible Party (for LLC if applicable): 3d. Street address: P O Box 130 530 NC 32 South 3e. City, state, zip: Sunbury, NC 27979 3f. Telephone no.: 252 465 8810 252 465 8603 3g. Fax no.: N/A 3h. Email address: N/A Page 1 of 10 PCN Form - Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ? Other, specify: Assistant Fire Chief Sunbury VFD 4b. Name: James Tom Morgan Sr.. 4c. Business name (if applicable): Sunbury Volunteer Fire Department 4d. Street address: 95 Parkers Fork Road 4e. City, state, zip: Corapeake, NC 27926 4f. Telephone no.: 252 465 8670 252 333 2689 4g. Fax no.: N/A 4h. Email address: jtmorgan@hughes.net 5. Agent/Consultant Information (if applicable) 5a. Name: Same as above 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 05-00510 1 b. Site coordinates (in decimal degrees): Latitude: 36.43751 Longitude: 76.6092 1c. Property size: 3.75 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Bennetts Creek 2b. Water Quality Classification of nearest receiving water: C;NSW 2c. River basin: Chowan 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: 2.01 Cropland 42 Needle Leaf Coniferous Forest Land 3 Active Forest Management The 2.5 acre lot is 1.75 acres of clean cut woodland planted to pine 2 years old and .75 acres of cultivated farm land. The logging deck was on the lot. The right of way is 100 feet wide and includes the existing farm path to the property. 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: 0 3d. Explain the purpose of the proposed project: Construction of a new fire station for Sunbury VFD. 3e. Describe the overall project in detail, including the type of equipment to be used: The access road will be widened and built up to the height of NC 32. This will require use of an excavator, bulldozer, dump trucks, and a pan. 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 prior phases) in the past? ? Yes ?X No ? Unknown Comments: 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: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ?Yes ? No El Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ?Yes ?X No 6b. If yes, explain. 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): ?X 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 impact Type of wetland Forested Type of jurisdiction . Area of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) --Temporary T W1 -P Culvert Pine Flat Yes Corps 0.01 W2 -P Fill Pine Flat Yes Corps 0.06 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: 0.07 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 (PER) or Type of Average Impact number Permanent (P) or intermittent (I NT)? jurisdiction stream length Temporary (T) width (linear (feet) feet) S1 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 individual) list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number (if applicable) Type of impact Waterbody Area of impact (acres) Permanent (P) or type Temporary T 01 Choose one Choose 02 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. 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. Pond ID number Proposed use or Wetland Impacts (acres) Stream Impacts (feet) Upland purpose of pond (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one Sf. 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 an impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ? Neuse 0 Tar-Pamlico F] Catawba E] Randleman ? Other: 6b. 6c. 6d. 6e. 6f. 6g. Buffer Impact Reason for impact Stream name Buffer Zone 1 Zone 2 number - mitigation impact impact Permanent (P) or required? (square (square Temporary T feet feet 131 Yes/No B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: I-age 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. Will use existing road bed. Will slope road banks 2 tot and vegetate. Footprint of road will be held to 45 feet through wet areas. Rip Rap will be used at culvert. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Will slope road banks at 2 tot and vegetate. All work will be done from the existing farm path avoiding equipment entry into wet areas. Water conveyance will be thru vegetated structures. 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 ? 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 Makin 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 ? ?X 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 ?X 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 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: Less than 30% impervious surface. Runoff transported by vegetated conveyance systems. Will not use discrete storm water collection. A 30 foot wide vegetative buffer will be maintained. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ? Phase II [] NSW 3b. Which of the following locally-implemented stormwater management programs E] 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) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ?Yes QX 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 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 ?X No or Riparian Buffer Rules (15A NCAC 26 .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 dditi l d l ?Yes ?X No a ona eve opment, 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 prol ect, or available capacity of the subject facility. Septic S stem - Permit Atta h d y c e . 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 ? Yes ?X 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. Raleigh, NC- 5d. What data sources did you use to determine whether your site would impact Endangered Species or Desi nated Criti l g ca Habitat? Phone call and letter to USFW Raleigh, NC. 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? South Atlantic Habitat And Ecosystem IMS web site. 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 ? Yes ? No North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NC Office of State Archaeology - Lea Abbott - No recorded sites near project. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ?X Yes ? No 8b. If yes, explain how project meets FEMA requirements: All structures will be above the 100 year floodplain. The entrance road will pass thru the 100 year floodplain and will be built constructed to be above the 100 year floodplain. 8c. What source(s) did you use to make the floodplain determination? NRCS - Gatesville, NC -New NC State flood maps- Attached James T. Morgan Sr. April 8,2009 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. PLAN NO. PARCEL ID: 05---61o5 Cs STREET ADDRESS: 0 4:1 A16 ?,..2 3- /1 2 7 Please print: Property Owner: Property Owner: , A/0?ki, The undersigned, registered property owners of the above noted property, do hereby authorize of d . f? f ,I f l? AT (Contractor / Agent) (Name of (nsulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): ?-" Telephone: mac. 'Q - /? dJ -- ? p / r We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. c thorized Signature i Date: ? - 31 - 0 ?T ir-? L I 'Ll ?7/-Z? A nz gnat e Date: -3. -? / `Q 9 ?--? ?• -f"--a•?: Wit. ?' 1 ? ??? h, "`?.? r ?Z. ? ^ ?. "? 1 ?? ?`?, ?O_ acs °° ti +? C ` ?, v ?? ? ? a ?., ??. \9at-\40802.p1a 04-06-2000 'ermit: 40802 )wner gORGAN, TOM )5 PARKERS FORK ROAD -ORAPEAKE, NC 27926 Location: NC 32 SOUTH ' Y Albelma-r..?e ? onal Helo Pad Applicant MORGAN, TOM 95 PARKERS FORK ROAD CORAPEAKE, NC 27926 Fire Station` LIAR: 0.4 Water: Public Type II Business GPD: 400 Gates Install 1 1000 gallon Septic Tank 4 lines 80 feet long, 9 ft On Center. Septic Tank\ N a? y Z Z S p ? to ?S 04 Authorized Agent: David Swinney Date: 04/06/2009 Approved: Date: Highway 32 South ALBEMARLE REGIONAL HEALTH SERVICES 40802 .pplicant: MORGAN, TOM )5 PARKERS FORK ROAD CORAPEAKE, NC 27926 Site Location: NC 32 SOUTH Owner: MORGAN, TOM 95 PARKERS FORK ROAD CORAPEAKE, NC 27926 Texture: SL Mineralogy: SEXP GPD: 400 Overall Structure: GR Wetness In.: 40 LTAR: 0.4 Lot Class: S To obtain an Authorization to Construct: -Submit a plat or scale drawing of the lot, showing location and dimensions of all property lines, proposed structures and driveways -Pay Permit Fee of $225 Comments: EHS: Date: 03/07/2009 Ron McDougald THIS APPROVAL WILL BECOME VOID AFTER 12 MONTHS AND A NEW APPLICATION WILL BE NECESSARY Bertie (252) 794-5303 Camden (252) 338-4460 Chowan (252) 482-6023 Currituck (252) 232-6603 Gates (252) 357-1380 Pasquotank (252) 338-4490 Perquimans (252) 426-2100 ?o C IN z V ' v ?v1 Cl) N M z \y L? 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