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HomeMy WebLinkAbout20090911 Ver 1_401 Application_20090809g r aaF w a rFR o% ?1pc VEN Office Use Only: Corps action ID no. °--. Y DWQ project no. Form Version 1.4 January 2009 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ?X Section 404 Permit ? Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ?X Yes ? No 1d. Type(s) of approval sought from the DWQ (check all that apply): rX_1 401 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 ?X No For the record only for Corps Permit: ? Yes ?X 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 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. 0 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: Retaining wall and fill 2b. County: Hyde 2c. Nearest municipality/ town: Fairfield 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 0 `' • •- 3.. Owner Information LZ au 3a. Name(s) on Recorded Deed: Allan Ballance A U G 1 0 M1019 3b. Deed Book and Page No. Book 122 Page 294 3c. Responsible Party (for LLC if applicable): N/A WETLANDS AND STORMYI!aTElt BRANCH 3d. Street address: 6033 N. Lake Road 3e. City, state, zip: Fairfield, North Carolina 27826 3f. Telephone no.: 252-925-4121 3g. Fax no.: None 3h. Email address: None 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: 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 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1b. Site coordinates (in decimal degrees): Latitude: 35.539033 Longitude: -76.174862 1 c. Property size: 8 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Lake Mattamuskeet 2b. Water Quality Classification of nearest receiving water: Sc 2c. River basin: Pamlico Sound 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: My high ground property along the lake shore has weathered away over the years, and the lake level has receded. There are some residential homes along the shore line and some storage and out-buildings. There are no structures on my property between the highway and the lake, but it is regularly mowed. 3b. List the total estimated acreage of all existing wetlands on the property: 6 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: I want to build a 60 foot long retaining wall and backfill 1,750 square feet of my property along the shore line. 3e. Describe the overall project in detail, including the type of equipment to be used: Construction of a 60 foot long wooden retaining wall with earthen backfill. A dump truck and rubber tire-tractor will be used. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / d project incluin all prior phases) in the past? 0 Yes ? No ? Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? E] Preliminary ?X Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Washington Field Office Agency/Consultant Company: Army Corps of Engineers Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. July 27, 2009 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ? Yes ?X No ? Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ? Yes ? No 6b. If yes, explain. Page 3 of 10 PCN Form - Version 1.4 January 2009 ! . C. Proposed Impacts Inventory 1. Impacts Summary 1a. 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. Wetland impact number Permanent (P) or -Temporary 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) W1 P Fill Non-Riverine Swamp Forest No Corps 0.04 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: 0.04 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) 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. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. 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 an impacts require miti ation, then ou 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 Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet 6g. Zone 2 impact (square feet B 1 Yes/No B2 Yes/No 63 Yes/No B4 - Yes/No B5 Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. I have re-designed my project several times to make it as small as I could and still be able to have an area for a cabin or building. I am using existing high ground for parking and the majority of the building foot print, but will need to go out into the area where I have lost land over the years. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. I originally wanted to fill an area of about 5,600 square feet, but have reduced it to 1,750 square feet. The wall has been shortened and I am only going to go an average of 20 feet out to reclaim my land. I will only use small equipment and no work or equipment will go over the staked and flagged project line for the alignment of the wall. I will stabilize the fill with grass seed right after the fill is put in. 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 ?X 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 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. I am using avoidance and minimization as a form of mitigation since my fill area is small and has been significantly reduced in project scope. Page 6of10 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 OX 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 within one of the NC Riparian Buffer Protection Rules? ? Yes ?- No 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? 0.0001% 2b. Does this project require a Stormwater Management Plan? ? Yes 0 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: 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? 3b. Which of the following locally-implemented stormwater management programs apply (check all that apply): ? Phase II ? NSW ? USMP ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? []Yes ? No 4. DWQ Stormwater Program Review 4a. Which of the following state-implemented stormwater management programs apply (check all that apply): []Coastal counties ?HQW ?ORW []Session Law 2006-246 []Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ? 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 8of10 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 ?X 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 ?X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ?Yes ?X 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 ?X 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. D 1 h t If I decide to build something with a bathroom, I epartment (102 ave a permit from he Hyde County Health 941). Page 9 of 10 PCN Form - Version 1.4 January 2009 'z 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or I El Yes OX No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act I El Yes p No impacts? 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? Corps of Engineers Heritage Data Base and USFWS Web Based Maps 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes QX No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Phone call to NOAA office. They said no EFH in Lake Mattamuskeet. 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 Z 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? Corps of Engineers Heritage Data Base and Web Based SHPO Maps. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes nXX No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Hyde County Courthouse and NC Flood Maps Web Site o l? A Applicant/Agent s Printed Name Applicant/ g n Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 0 .{:. ""+fid �• _- e +T,_ # J Head Lake;loland a Great•Isiand _ Heron±B ytlsland U.S. f^ r pie..'. 4199 l.rt.Ar'' .00