Loading...
HomeMy WebLinkAbout20051991 Ver 1_Complete File_20051031 O?O? W A ?&9?G 0) Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources December 19, 2005 Mr. Lawrence J. Bayer 300 Crystal Lake Drive Havelock, NC 28532 Subject Property: Slocum Woods Subdivision Slocum Creek [030410, 27-112, SC, SW, NSW] Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Bayer: Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 05-1991 Craven County You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.08 acres of wetland for the purpose of development of residential subdivision lots at the subject property, as described within your application dated September 30, 2005, and received by the N.C. Division of Water Quality (DWQ) on October 31, 2005, with additional information received on November 17, 2005 and December 9, 2005. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) NW18 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and other regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below.. The Additional Conditions of the Certification are: Conditions of Certification: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: 401 OversighVExpress Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699.1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919.733.1786/ FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands None hCarolina Jftirra!!? An Equal Opportunity/Affirmative Action Employer-50% Recycled/10016 Post Consumer Paper Ar Mr. Lawrence J. Bayer Page 2 of 3 December 19, 2006 Amount Approved Units Plan Location or Reference 404/CAMA Wetland 0.08 acres PCN Sediment and Erosion Control: 2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the 404/40 1 Permit Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur; 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H, Section .0500; 6. Deed Notifications - Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project; 7. Construction Stormwater Permit NCGO 10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing a Mr. Lawrence J. Bayer Page 3 of 3 December 19, 2006 construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http://h2o.enr.state.nc.us/su/Forms Documents.htm.; 8. Diffuse Flow (No Review) All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream as identified within 15A NCAC 213 .0233 (5). If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. 9. Culvert Installation Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re- installed correctly. Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each culvert. Therefore, you must provide plans with adequate details that indicate that the current stability of the stream will be maintained or enhanced. You must receive written approval from this Office for the above plans before the culvert(s) is installed. Culvert(s) must be installed according to approved plans. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been R Mr. Lawrence J. Bayer Page 4 of 3 December 19, 2006 completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please send photographs upstream and downstream of each culvert site to document correct installation along with the Certificate of Completion form. Certificate of Completion: 10. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in Raleigh at 919-733-1786 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481. AWK/ym Enclosures: GC 3402 Certificate of Completion Sincerely, '-"'Al W. Klimek, P.E. cc: Avolis Engineering, PA; Attn: Mr. Joseph C. Avolis, P.E.; PO Box 15564; New Bern, NC 28561 USACE Washington Regulatory Field Office Kyle Barnes, DWQ Washington Regional Office DLR Washington Regional Office File Copy Central Files Filename: 051991 SlocumWoodsSD(Craven)401 % :Z3 October 26, 2005 AVOLIS ENGINEERING, P.A. P.O. Box 15564 • New Bern, North Carolina 28561 • (252) 633-0068 Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 RE: 401 Water Quality Certification Request 10.29 Acre Lawrence Bayer Property Chadwick Avenue, Havelock, Craven County, North Carolina AE Project No. 04122 Gentlemen: Enclosed please find the following for the above-referenced project: Seven Copies of Signed PCN Application Seven Copies of Wetland Survey $200 Processing Fee V? C??? pooh We appreciate your assistance with this project. Should you have any questions relating to this matter or need any additional information or assistance, please do not hesitate to call. Sincerely, oseF' ? ?ALvolYis, P.E. Pre ide t t a 3 zo yam- 0?_ W AT FRQ DWi r Pre-Construction Notification (PCN) Application Form For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE) Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's (DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401 Water Quality Certification. The USACE Individual Permit application form is available online at httn://wxvw.saNv.usace.armv.mil/wetlands/Perm ann.lhtm. The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide, Regional or General permits, and to determine which permit applies to your project, please go to the USACE website at http://\vw\v.sa\v.usace.army.mil/wetlands/index.litm, or contact one of the field offices listed on page 3 of this application. Tile website also lists the responsible project manager for each county in North Carolina and provides additional information regarding the identification and regulation of wetlands and waters of the U.S. The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant which 401 Certification will apply until the 404 Permit type has been determined by the USACE. Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at lhttp://h2o.enr.state.nc.us/ncwetIands to read about current requirements for the 401 Water Quality Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The applicant is also advised to read the full text of the General Certification (GC) matching the specific 404 Permit requested. In some cases, written approval for General Certifications is not required, provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should contact DWQ's Central Office in Raleigh at (919) 733-1786. Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC regional coordinator (listed by county on page 4 of this application) prior to submittal of the application. Page 1 of 2 Coastal Area Management Act (CAMA) Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of Coastal Management (DCM). DCM will determine whether or not the project is within a designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits. The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure that the proposed project will have no impact upon any endangered or threatened species or critical habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon any properties listed or eligible for listing on the National Register of Historic Places. Compliance with these regulations is required to be eligible for any Department of the Army permit. The addresses for both agencies are listed on page 3 of this application. USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms, photos, etc. to the applicable USACE Regulatory Field Office. Upon receipt of an application, the USACE will detennine if the application is complete as soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant to address information needs for all USACE Nationwide, Regional or General permits, as well as information required for State authorizations, certifications, and coordination. Fully providing the information requested on this form will result in a complete application for any of the USACE Nationwide, Regional or General permits. To review the minimum amount of information that must be provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed. Reg. 12893 (March 9, 2000), available at http://wxv\v.saNv.usace.army.mi1/wetlands/nwpfinalFedReg.pdf. Processing times vary by permit and begin once the application has been determined to be complete. Please contact the appropriate regulatory field office for specific answers to permit processing periods. 401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401 Certification, then a non-refundable application fee is required. In brief, if project impacts include less than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of 5475 is required. A check made out to the North Carolina Division of Water Quality, with the specific name of the project or applicant identified, should be stapled to the front of the application package. For more information, see the DWQ website at littp://112o.elinr.state.nc.us/ncwetIands/tees.litm1. The fee must be attached with the application unless the applicant is a federal agency in which case the check may be issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules, the application fee does not apply, and the applicant should clearly state (in a cover letter) that only Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional requested information, or denial. Page 2 of 2 US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell Swain US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg Transylvania 151 Patton Avenue Ashe Cherokee Iredell Mitchell Union Room 208 Avery Clay Jackson Polk Watauga Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey Telephone: (828) 271-7980 Burke Gaston Macon Rutherford Fax: (828) 281-8120 Cabarrus Graham Madison Stanley Raleigh Regulatory Field Office Alamance Franklin Nash Surry US Army Corps Of Engineers Caswell Forsyth Northampton Vance 6508 Falls of the Neuse Road Chatham Granville Orange Wake Suite 120 Davidson Guilford Person Warren Raleigh, NC 27615 Davie Halifax Randolph Wilkes Telephone: (919) 876-8441 Durham Johnston Rockingham Wilson Fax: (919) 876-5823 Edgccombe Lee Stokes Yadkin Washington Regulatory Field Office Beaufort Currituck Jones Pitt US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell Post Office Box 1000 Camden Gates Martin Washington Washington, NC 27889-1000 Carteret* Green Pamlico Wayne Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland North Carolina State Agencies Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: (919) 733-1786 Fax: (919) 733-6893 Division of Water Quality Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 Telephone: (919) 733-5208 Fax: (919) 733-5321 State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 733-4763 Fax: (919) 715-2671 US Fish and Wildlife Service / National Marine Fisheries Service US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service Raleigh Field Office Asheville Field Office Habitat Conservation Division Post Office Box 33726 160 Zillicoa Street Pivers Island Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516 Telephone: (919) 856-4520 Telephone: (828) 258-3939 Telephone: (252) 728-5090 Page 3 of 3 CAMA and NC Coastal Counties Division of Coastal Management Beaufort Chowan Hertford Pasquotank 1638 Mail Service Center Bertie Craven Hyde Pender Raleigh, NC 27699-1638 Brunswick Currituck New Ilanover Perquimans Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell Fax: (919) 733-1495 Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Ashe Mitchell Wilkes Kcrnersville, NC 27284-9180 Avery Stokes Telephone: (336) 769-9453 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Fax: (828) 452-7772 Haywood McDowell Yancey APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1 - 4. Page 4 of 4 Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: © Section 404 Permit ? Riparian or Watershed Buffer Rules [] Section 10 Permit ? Isolated Wetland Permit from DWQ ?x 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NW 18 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? IL Applicant Information FE@[R5W1P= R 1. Owner/Applicant Information Q C T 129115 Name: Lawrence J. Bayer Mailing Address: 300 Cyrstal Lake Drive °)pEN'`" , s 1, Y `_1!A7` l?ot?"rH .? [i Q9r®d /Te" Havelock, NC 28532 Telephone Number: 252-622-9676 Fax Number: 252-4.47-0127 E-mail Address: N/A 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Joseph C. Avolis, P.E. Company Affiliation: Avolis Engineering, P.A. Mailing Address: P.O. Box 15564 New Bern, NC 28561 Telephone Number: 252-633-0068 Fax Number: 252-633-6507 E-mail Address: avoliseng@lpmonline.net Page 5 of 5 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Slocum Woods Subdivision 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 6-049-001 4. Location County: Craven Nearest Town: Havelock Subdivision name (include phase/lot number): Slocum Woods Directions to site (include road numbers, landmarks, etc. From U.S. Highway 70 in Havelock, turn north on Chadwick Avenue and to the end. The project is on the left. 5. Site coordinates, if available (UTM or Lat/Long): N34°-53.719' W76°-55.014' (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 10.29 Acres 7. Nearest body of water (stream/river/sound/ocean/lake): Slocum Creek 8. River Basin: Neuse (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://li2o.cnr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Site is undeveloped. Surrounding uses are residential and a school. Page 6 of 6 10. Describe the overall project in detail, including the type of equipment to be used: The project consists of a 24 lot residential subdivision. The two areas proposed to be filled are the headwaters of two seperate and culverted drainage ravines. The roadway crossing over the ravine was constructed in the 1960's. 11. Explain the purpose of the proposed work: The proposed work will eliminate the steep grade associated with the two headwater areas of two drainage ravines. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. There have not been any other wetland permits associated with this site. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. There will not be any future 404 permit requests associated with this site. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 7 1. Provide a written description of the proposed impacts: This project proposes to fill the upper extents of two separate but adjacent drainage ravines which extend onto the site. 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** (es/no Distance to Nearest Stream linear feet Type of Wetland*** A Fill 0.02 Yes 400 Forested B Fill 0.06 Yes 400 Forested * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http:/AVNvw.femaA!ov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 0.08 Acres Total area of wetland impact proposed: 0.08 Acres 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please s ecif None * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.uses.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.nmpquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: None Page 8 of 8 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. None * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: 611, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation N/A If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any snaps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The proposed work will allow the grading of the steep grades associated with two drainage ravines. The existing conditions have resulted in erosion of the drainage area. The proposed work will permit the construction of sidewalks on the roadway shoulder. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 9 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://li2o.enr.state.nc.us/ncwetiands/strmuide.litm1. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The proposed mitigation plan consists of placing a conservation easement for no wetland fill on the R- zoned tract of land across Chadwick Avenue from the site. The tract is acres in size and has water frontage alonc_ Slocum Creek. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at littp://112o.enr.state.nc.us/wrp/index.lltm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres):- Amount of Non-riparian wetland mitigation requested (acres Amount of Coastal wetland mitigation requested (acres):- 0 0 0 Page 10 of 10 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? N/A If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? N/A X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and snap all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No © If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet Multiplier Required Mitigation 1 0 3 0 2 0 1.5 0 Total 0 0 * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 11 of 11 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213 .0242 or .0260. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. The proposed built-upon area for the 10.28 acre site is 27.4%. (2.82 acre built-upon area) XII. Sewage Disposal (required by DWQ) 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. Discharge will be to the City of Havelock gravity sewer collection system. XIII.' Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). None Lawrence J. Bayer Applicant/" gent s S1gnature Date . (Agent's signatur is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 & AVOLIS ENGINEERING, P.A. ?3 P.O. Box 15564 • New Bern, North Carolina 28561 • (252) 633-0068 November 15, 2005 ?-? Ms. Cyndi Karoly, Supervisor 401 Oversight/Express Review Permits Unit 1= 2321 Crabtree Boulevard 1 ??17? 1 ?t?05 Raleigh, NC 27604 RE: DWQ Project No. 05-1991, Craven County Slocum Woods Subdivision, Havelock, North Carolina AE Project No. 04122 Dear Ms. Karoly: As requested by your letter of November 8, 2005 regarding the above-referenced project, enclosed please find the following additional information: 1. Seven copies of revised plans. Please see cover sheet (CS) for an additional location map at a scale sufficient to locate the site. 2. All wetland impacts have been shown on the enclosed plan sheet C4. The area on the southern end of the site is 0.02 acres and is proposed to all be filled. The area on the northern end of the site is 0.06 acres and is proposed to be all filled. The enclosed sheet C4 also shows the proposed lot and roadway layout. There are no possible 404 wetland impacts on this site. The two requested fill areas represent the entire 404 wetland areas on the site (0.08 acres total). 4. The percent of impervious area to be developed on the proposed project is 27.4% as presented on the Coastal Stormwater Permit application submitted to the DWQ Washington Regional Office. The impervious area is as follows and has also been added to sheet C4 of the plans: Buildings 63,720 SF (1.463 AC) Strats 29,792 SF (0.684 AC) Parking (Driveways) 19,200 SF (0.441 AC) Sidewalks 10,038 SF (0.230 AC) The total site area is 447,797 SF (10.28 AC). The project meets the low density requirements for coastal stormwater permitting. The nitrogen treatment documentation has been submitted to the City of Havelock for their review and administration. 5. Enclosed please find a copy of both the USGS map and the soil survey of the site showing that there are not any blue line streams on the site. We appreciate your assistance with this project. Should you have any questions relating to this matter or need any additional information or assistance, please do not hesitate to call. Sincerely, C qse Avolis, P.E. cc: Mr. Kyle Barnes DWQ Washington Regional Office A -N34!3-75 .. ........ CopyvizMC19"DeL,ormYoumadL,ME"196 Coerce Data: USGS I ft Scak- 1: 12,M Debil: 14-0 Datum: WGMM e) On U: Noe Bra t - r �U 1 lie ar R wo ARfA/ Le A No.. p . v � �. Rc 2 BrB GUA. ` NuLc ® , 1 � Ur La; 48 j tr.,iir F Ud � mmgw On ILANOF/LLS/ �' - � 1 - N - B Ra On 4 NuBAAV Ur - aF u - V NAR u �� reORRo EA Y � Ud Ud -- _ (B.A.) e GuA,.. Ur < GoA .1 i r i.•j'�.-'Y e BraAw— - ti r / �'t• ; j - — It ` - _ fir.. GoA. t J�' r�)' R y�oA ` w Ra , k � y , Haver i (Joi 5000 10000 Feet 1 ? Scale - 1:24000 s Kijometcrs r�TY, NORTH CAROLINA NO. 15 t ?0F \NATF,QP Michael F. Easley, Governor ?O G William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources O .? Alan W. Klimek, P.E. Director Division of Water Quality November 22, 2005 DWQ Project # 05-1991 Craven County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Lawrence J. Bayer 300 Crystal Lake Drive Havelock, NC 28532 Subject Property: Slocum Woods Subdivision Slocum Creek [030410,27-112, SC, SW, NSW] REQUEST FOR MORE INFORMATION Dear Mr. Bayer: On October 31, 2005, the Division of Water Quality (DWQ) received your application to impact 0.08 acres of wetlands to develop the Slocum Woods Subdivision. On November 17, 2005, the DWQ received additional information from you. The DWQ has determined that your application remains incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Please indicate the diffuse flow provision measures on the site plan. According to Neuse River Buffer rules, stormwater must be directed to sheetflow from this site or you must provide on-site stormwater management that removes nitrogen. Your plan does not meet this requirement. Please modify it accordingly. Please respond within three weeks of the date of this letter by sending this information to me in writing and Kyle Barnes of the DWQ Washington Regional Office. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. 401 OversighVExpress Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699.1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733.1786/ FAX 919.733-6893 / Intemet: http://h 2o. en r. state.nc.us/ncwetlands None Carolina Nturatly An Equal Opportunity/Affirmative Action Employer - 50°6 Recycled/10% Post Consumer Paper Lawrence J. Bayer: r Page 2 of 2 November 22, 2005 This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly at 919-733-9721 if you have any questions regarding or would like to set up a meeting to discuss this matter. S' cerely, Cyndi Karoly, Supervisor Ol Oversight/Express Review Permits Unit CBK/ijm cc: Kyle Barnes, DWQ Washington Regional Office USACE Raleigh Regulatory Field Office File Copy Central Files Avolis Engineering, PA; Attn: Mr. Joseph C. Avolis, P.E.; PO Box 15564; New Bern, NC 28561 Filename: 05-1991 Slocum Woods Subdivision (Craven) On l3old2 DWQ # :,54991 Slocum Woods S/D Subject: DWQ # 05-1991 Slocum Woods S/D From: Laurie Dennison <laurie.j.dennison@ncmail.net> Date: Wed, 23 Nov 2005 13:38:15 -0500 To: avoliseng@lpmonline.net Please see attached the Division of Water Quality's request for more information related to your recent application. Please note that this message is being forwarded to you electronically so that you may expedite preparation of your response. Please do not send your response as a reply to this e-mail or via fax. The hard copy is being sent via US Mail. All response correspondence is to be mailed via hard copy to the 401 oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604 unless otherwise noted. 05-1991 Slocum Woods Subdivision (Craven) On Hold2.doc Content-Type: application/msword Content-Encoding: base64 I of 1 11/23/2005 1:38 PM December 7, 2005 AVOLIS ENGINEERING, P.A. P.O. Box 15564 • New Bern, North Carolina 28561 • (252) 633-0068 Ms. Cyndi Karoly, Supervisor BL°;?? ° J 401 Oversight/Express Review Permits Unit r ? ?(1f1rJ 1650 Mail Service Center b Raleigh NC 27699-1650 DENR ?.."T f %%? (if}T:1,11`i,'1 i LCt L.f'n at .I RE: DWQ Project No. 05-1991 Slocum Woods Subdivision, Havelock, North Carolina AE Project No. 04122 Dear Cyndi: This letter is in response to your comments of November 22, 2005 regarding the above- referenced project. The stormwater discharge from this project complies with the City of Havelock stormwater ordinance which includes provisions for nitrogen treatment. The project is using 5:1 side slope drainage swales to provide nitrogen removal. The nitrogen removal aspects of the drainage system have been submitted to the City of Havelock and have been reviewed by the City and their consulting engineer, Hazen and Sawyer. This project has two drainage basins. The future discharge, as is the current discharge, is through two existing stormwater culverts underneath the adjacent existing City of Havelock street. Each of the culverts discharge underneath Chadwick Avenue offsite to a natural drainage area that is not a blue line stream on either the Craven County soils map of the USGS map (copies attached). Tile blue line stream is shown further toward the nearby Slocum Creek. I hope that he above information is sufficient to meet the requirements of your request. Should you have any questions relating to this matter or need any additional information or assistance, please do not hesitate to call. Sincerely, ?josePh-Q. voles, Pr!idLnIt w v wuuam u. Koss jr., bccrruuy North Carolina Department of Environment and Natural Resources !7 .? Alan W. Klimek, P.E. Director Division of Water Quality November 22, 2005 DWQ Project # 05-1991 Craven County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Lawrence J. Bayer 300 Cry stal Lake Drive Havelock, NC 28532 Subject Property: Slocum Woods Subdivision Slocum Creek [030410,27-112, SC, SW, NSW] REQUEST FOR MORE INFORMATION Dear Mr. Bayer: On October 31, 2005, the Division of Water Quality (DWQ) received your application to impact 0.08 acres of wetlands to develop the Slocum Woods Subdivision. On November 17, 2005, the DWQ received additional information from you. The DWQ has determined that your application remains incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Please indicate the diffuse flow provision measures on the site plan. According to Neuse River Buffer rules, stormwater must be directed to sheetflow from this site or you must provide on-site stormwater management that removes nitrogen. Your plan does not meet this requirement. Please modify it accordingly. Please respond within three weeks of the date of this letter by sending this information to me in writing and Kyle Barnes of the DWQ Washington Regional Office. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. 401 Oversight/Express Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699.1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733.6893 / Internet http://h2o.enr.state.nc.us/ncwetlands No` tCarolina Natural/U An Equal Opportunity/Attum Live Aclion Employer- 50% Recycled/101/6 Post Consumer Paper Page 2 of 2 November 22, 2005 This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly at 919-733-9721 if you have any questions regarding or would like to set up a meeting to discuss this matter. S' cerely, Cyndi Karoly, Supervisor O1 Oversight/Express Review Permits Unit CBK/ijm cc: Kyle Barnes, DWQ Washington Regional Office USACE Raleigh Regulatory Field Office File Copy Central Files Avolis Engineering, PA; Attn: Mr. Joseph C. Avolis, P.E.; PO Box 15564; New Bern, NC 28561 Filename: 05-1991 Slocum Woods Subdivision (Craven) On liold2 e»E6, ME 040 6 Seine DMs; USG.S f - -?SN R Sedc 1:12. M Ddal 144 Dim: WGSt4 a NoA ?'.ti' I Nos I, M. V oA N0B / Se V 4 J SUD Ur W A' 1 rEl NuB Gc r ?F NuB GoA ® u AuB S1. U Ud NuB U (p (LANG GoA r' , C ; FILLS) - N013 V - -? Ur - N, \ Bill - I Ud RNUB l / uD / it ANOF/LLSr BIB 7W GoA `/ T A BrB Ur L,).eL?' BIB SUD f?A' J Nue Ur h No8 mF w rat :, _ •?r ? s { Lcr)` a'0 m NO Co S MM - Nub t ?. GuA .? SrB 2 J r (j _ t ?r Br6 NAA No8 oB Br6 Ur NuB a r a SrB Ud . SuD Nub . / Ra .... NoA NuB s0r _ ,. -Ur' Ilr Nob .- i-- o NuB B r 1 N? X00 ,.-.?, - H3 ¢.A. Ud J MM r ' Ur No Ud c Nu8`. i - GoA Nu6 !BORE O.. i BIB A - x-' ud _ TI S MARINE CORPS ly' B.A.r Ud Ur U Ra AIR STATION GuA .p CHERRY POINrP ° 70 Nub - - \ MM BrB Lc n;uo 4c Ud GOA .?y?r? - 101 - ?- t s r 4 ?Lt NUB -- ;?:' •?, - l0i -' Lp . GuA ha -- GuA Rc v NuB ,.; \ NuB l Rc t.. -11 v? s f Ra GoA O .? GoA Lc To. C - ,- RB ?00/? MM GuA Havelock Tub Rc rc _ /NOB To R a ? ` - 2 r`: 000 FEET - l 0 000 Feet S Kr17r11ctur5 "Hl;ET NO.15 OF 18 ? ?S z vti, J s ? m SrB Ud Le NOAAREA, F1A r, .` •iSr. � , �.� GuA_ ' Nu' G Br8 arty Lc �' !♦ �S �NuB Au ` Ur fk • tis s+�}l:; ;ty La Ur oa y - r Ud e Nu8' / wr ie LL Si �i t i • L 4.q4 `wit' t. 4.'+•'� • 7 l Lc� l on t On j� 8 :.o8 j . N Ra v s• - � • r a , s L - Ur NU. , ♦ . .r Ogpo U d t' ,tet G� GoA U .10 f Nig �• + r f �. 4 Bre I.. _•�.: r 71' i f VOA `LC. .�,_ ,}P. r N A Haveloe(c �. H (Join + 0! 1 630 lr N 5000 10000 Feet i :ale - 1:24000 3 Kilometers Y'. NORTH CAROLINA NO. 15 . op 1 ?,- U Eyl9 0`,A T ?RQ y Pre-Construction Notification (PCN) Application Form For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE) Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's (DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401 Water Quality Certification. The USACE Individual Permit application form is available online at llttp://www.saw.usace.army.mil/wetlands/Perm a p.htnl. The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide, Regional or General permits, and to determine which pert-nit applies to your project, please go to the USACE website at http://www.saw.usace.arnly.inil/wetlands/index.htlll, or contact one of the field offices listed on page 3 of this application. The website also lists the responsible project manager for each county in North Carolina and provides additional information regarding the identification and regulation of wetlands and waters of the U.S. The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant which 401 Certification will apply until the 404 Permit type has been determined by the USACE. Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The applicant is also advised to read the full text of the General Certification (GC) matching the specific 404 Permit requested. In some cases, written approval for General Certifications is not required, provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should contact DWQ's Central Office in Raleigh at (919) 733-1786. Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC regional coordinator (listed by county on page 4 of this application) prior to submittal of the application. Pagc 1 of 2 Coastal Area Management Act (CAMA) Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of Coastal Management (DCM). DCM will determine whether or not the project is within a designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits. The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure that the proposed project will have no impact upon any endangered or threatened species or critical habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon any properties listed or eligible for listing on the National Register of Historic Places. Compliance with these regulations is required to be eligible for any Department of the Army permit. The addresses for both agencies are listed on page 3 of this application. USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms, photos, etc. to the applicable USACE Regulatory Field Office. Upon receipt of an application, the USACE will detennine if the application is complete as soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant to address information needs for all USACE Nationwide, Regional or General permits, as well as information required for State authorizations, certifications, and coordination. Fully providing the information requested on this form will result in a complete application for any of the USACE Nationwide, Regional or General permits. To review the minimum amount of information that must be provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed. Reg. 12893 (March 9, 2000), available at littp://www.saNv.tisace.armv.mi1/wetlands/nwpfinalFedReQ.pdf. Processing times vary by permit and begin once the application has been determined to be complete. Please contact the appropriate regulatory field office for specific answers to permit processing periods. 401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401 Certification, then a non-refundable application fee is required. In brief, if project impacts include less than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to streams, then a fee of 5200 is required. If either of these thresholds is exceeded, then a fee of 5475 is required. A check made out to the North Carolina Division of Water Quality, with the specific name of the project or applicant identified, should be stapled to the front of the application package. For more information, see the DWQ website at littp://li2o.elinr.state.nc.us/ncwetlands/fees.litml. The fee must be attached with the. application unless the applicant is a federal agency in which case the check may. be issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules, the application fee does not apply, and the applicant should clearly state (in a cover letter) that only Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional requested information, or denial. Page 2 of 2 US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell Swain US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg Transylvania 151 Patton Avenue Ashe Cherokee Iredell Mitchell Union Room 208 Avery Clay Jackson Polk Watauga Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey Telephone: (828) 271-7980 Burke Gaston Macon Rutherford Fax: (828) 281-8120 Cabarrus Graham Madison Stanley Raleigh Regulatory Field Office Alamance Franklin Nash Surry US Army Corps Of Engineers Caswell Forsyth Northampton Vance 6508 Falls of the Neuse Road Chatham Granville Orange Wake Suite 120 Davidson Guilford Person Warren Raleigh, NC 27615 Davie Halifax Randolph Wilkes Telephone: (919) 876-8441 Durham Johnston Rockingham Wilson Fax: (919) 876-5823 Edgecombe Lee Stokes Yadkin Washington Regulatory Field Office Beaufort Currituck Jones Pitt US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell Post Office Box 1000 Camden Gates Martin Washington Washington, NC 27889-1000 Carteret* Green Pamlico Wayne Telephone: (252) 975-1616 Chowan Ilertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland North Carolina State Agencies Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: (919) 733-1786 Fax: (919) 733-6893 US Fis US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 Division of Water Quality Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 Telephone: (919) 733-5208 Fax: (919) 733-5321 h and Wildlife Service / National N1 US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 258-3939 State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 733-4763 Fax: (919) 715-2671 arine Fisheries Service National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, NC 28516 Telephone: (252) 728-5090 Page 3 of 3 CAMA and NC Coastal Counties Division of Coastal Management Beaufort Chowan Hertford Pasquotank 1638 Mail Service Center Bcrtie Craven Hyde Pender Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell Fax: (919) 733-1495 Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Ashe Mitchell Wilkes Kernersville, NC 27284-9180 Avery Stokes Telephone: (336) 769-9453 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Fax: (828) 452-7772 Haywood McDowell Yancey APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1 - 4. Page 4 of 4 Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: © Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ 0 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NW 18 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details) check here: ?r= II. Applicant Information OCT' 3 j U05 1. Owner/Applicant Information Name: Lawrence J. Bayer Di leii f_Y.l -t ttsi<,;1jY Mailing Address: 300 Cyrstal Lake Drive Havelock, NC 28532 Telephone Number: 252-622-9676 Fax Number: 252-447-0127 E-mail Address: N/A 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Joseph C. Avolis, P.E. Company Affiliation: Avolis Engineering, P.A. Mailing Address: P.O. Box 15564 New Bern, NC 28561 Telephone Number: 252-633-0068 Fax Number: 252-633-6507 E-mail Address: avoliseng@lpmonline.net Page 5 of 5 111. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 1 I by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project Slocum Woods Subdivision 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A Property Identification Number (Tax PIN): 6-049-001 4. Location County: Craven Nearest Town: Havelock Subdivision name (include phase/lot number): Slocum Woods Directions to site (include road numbers, landmarks, etc.): From U.S. Highway 70 in Havelock, turn north on Chadwick Avenue and go to the end. The project is on the left. 5. Site coordinates, if available (UTM or Lat/Long): N34°-53.719' W76°-55.014' (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 10.29 Acres 7. Nearest body of water (stream/river/sound/ocean/lake): Slocum Creek 8. River Basin: Neuse (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at littp://112o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application:Site is undeveloped. Surrounding uses are residential and a school. Page 6 of 6 10. Describe the overall project in detail, including the type of equipment to be used: The project consists of a 24 lot residential subdivision. The two areas proposed to be filled are the headwaters of two senerate and culverted drainage ravines. The roadway crossing over the ravine was constructed in the 1960's. 11. Explain the purpose of the proposed work: The proposed work will eliminate the steep grade associated with the two headwater areas of two drainage ravines. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. There have not been any other wetland permits associated with this site. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. There will not be any future 404 permit requests associated with this site. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to detennine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 7 1. Provide a written description of the proposed impacts: This project proposes to fill the upper extents of two separate but adjacent drainage ravines which extend onto the site. 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** A Fill 0.02 Yes 400 Forested B Fill 0.06 Yes 400 Forested List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. '• 100-Year floodplains are identified through the Federal Emergency Management Agency's (FENIA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FENIA Map Service Center at 1-800-358-9616, or online at http://\vww.fema.cov. "• List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested. wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if,,wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 0.08 Acres Total area of wetland impact proposed: 0.08 Acres 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please secif None * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.uses.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tapozone.com, www.mapqucst.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: None Page 8 of 8 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. None * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation N/A If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stortnwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The proposed work will allow the grading of the steep grades associated with two drainage ravines. The existing conditions have resulted in erosion of the drainage area. The proposed work will permit the construction of sidewalks on the roadway shoulder. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 9 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at littp://li2o.enr.state.nc.us/ncxvetiands/strmtide.litml. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The proposed mitigation plan consists of placing a conservation easement for no wetland fill on the R-20 zoned tract of land across Chadwick Avenue from the site. The tract is acres in size and has water frontage along Slocum Creek. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://li2o.enr.state.11e.us/wrp/index.litm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): 0 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount of Non-riparian wetland mitigation requested (acres): 0 Amount of Coastal wetland mitigation requested (acres): 0 Page 10 of 10 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call tile SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? N/A If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? N/A X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet Multiplier Required Mitication 1 0 3 0 2 0 1.5 0 Total 0 0 Lone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 11 of I 1 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. The proposed built-upon area for the 10.28 acre site is 27.4%. (2.82 acre built-upon area) XII. Sewage Disposal (required by DWQ) 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. Discharge will be to the City of Havelock avity sewer collection system XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). None Lawrence J. Bayerp Applicangent s nature Date (Agent's signatur is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 r QF W ATF9 Michael F. Easley, Governor P \Q 61 William G. Ross Jr., Secretary Cq North Carolina Department of Environment and Natural Resources .? Alan W. Klimek, P.E. Director Division of Water Quality November 08, 2005 DWQ Project # 05-1991 Craven County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Lawrence J. Bayer 300 Crystal Lake Drive Havelock, NC 28532 Subject Property: Slocum Woods Subdivision Havelock, NC REQUEST FOR MORE INFORMATION Dear Mr. Bayer: On October 31, 2005, the Division of Water Quality (DWQ) received your application to impact 0.08 acres of wetlands to develop the Slocum Woods Subdivision. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Please provide a location map for the project, at a scale sufficient to locate the site. 2. Please show all wetland impacts including fill slopes on the site plan. 3. Please indicate proposed lot layout as overlays on the site plan. Please note that lots should be located such that additional stream and wetland impacts would not be required in the future. 4. Please specify the percent of project imperviousness area based on the estimated built-out conditions. Specifically provide a breakdown of impervious areas based upon your site plan. 5. Please provide a copy of the USGS map and soil survey for this property, demonstrating that blue-line features are indeed not located onsite. Please respond within three weeks of the date of this letter by sending this information to me in writing and Kyle Barnes of the DWQ Washington Regional Office. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. 401 Oversight/Express Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919.733.1786 / FAX 919.733-6893 / Internet: htto://h2o.enr.state.nc.us/ncwetiands None hCarolina Naturally An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Lawrence J. Bayer: ** Page 2 of 2 ! November 8, 2005 This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly at 919-733-9721 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, Cyndi Karoly, Supervisor 401 Oversight/Express Review Permits Unit CBK/asc cc: Kyle Barnes, DWQ Washington Regional Office USACE Raleigh Regulatory Field Office File Copy Central Files Avolis Engineering, PA; Attn: Mr. Joseph C. Avolis, P.E.; PO Box 15564; New Bern, NC 28561 Filename: 05-1991 Slocum Woods Subdivision (Craven) On Bold DWO # 05 1991 Slocum Woods S/D (. Subject: DWQ # 05-1991 Slocum Woods S/D From: Laurie Dennison <laurie.j.dennison@ncmail.net> Date: Tue, 08 Nov 2005 15:34:39 -0500 To: avoliseng@lpmonline.net Please see attached the Division of Water Quality's request for more information related to your recent application. Please note that this message is being forwarded to you electronically so that you may expedite preparation of your response. Please do not send your response as a reply to this e-mail or via fax. The hard copy is being sent via US Mail. All response correspondence is to be mailed via hard copy to the 401 oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604 unless otherwise noted. 05-1991 Slocum Woods Subdivision (Craven) On Hold.doc Content-Type: application/msword Content-Encoding: base64 1 of 1 11/8/2005 3:35 PM DWQ# Date /? - Who Reviewed: Plan Detail Incomplete CEf r Please provide a location map for the project ; i f i C Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan. C_Z Please show all wetland impacts including fill slopes on the site plan. • ? Please indicate all buffer impacts on the site plan. leafse indicate proposed lot layout as overlays on the site plan. / J J-? G ? ? / Please indicate the location of the protected buffers as overlays on the site plan. G J ?? ` r ?? ??` / ?'r -J ? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan. f(, ? Please provide cross section details showing the provisions for aquatic life passage. ? Please locate any planned sewer lines on the site plan. ? Please provide the location of any proposed stormwater management practices as required by GC ? Please provide detail for the stormwater management practices as required by GC Please specify the percent of project imperv iousness area based on the estimated built-out conditions S ? Please indicate all stormwater outfalls on the site plan. ? Please indicate the diffuse flow provision measures on the site plan. ' ? Please indicate whether or not the proposed impacts already been conducted. Avoidance and/or Minimization Not Provided ? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional information as to why it is necessary for this project. ? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the . Please revise the plans to avoid the impacts. ? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the . Please revise the plans to minimize the impacts. ? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because . Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management practices that remove nutrients before the stonmwater can be discharged through the buffer. Other ? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please provide $ . This additional fee must be received before your application can be reviewed. ? Please complete Section(s) on the application. ? Please provide a signed copy of the application. ? Please provide Mitigation copies of the application, copies of the site plans and other supporting information. ? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The plan must conform to the requirements in 15 A NCAC 2H.0500 and must be appropriate to the type of impacts proposed. ? Please indicate which 404 Permit the USACE would use to authorize this project. ?0?5 DWQ# Date Who Reviewed: Z / Plan Detail Incomplete ?- ? Please provide a location map for the project. C _ ? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site t I Ct( f e S plan. C ? Please show all wetland impacts including fill slopes on the site plan. / ? Please indicate all buffer impacts on the site plan. ? Please indicate proposed lot layout as overlays on the site plan. ? Please indicate the location of the protected buffers as overlays on the site plan. ? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan. ? Please provide cross section details showing the provisions for aquatic life passage. ? Please locate any planned sewer lines on the site plan. ? Please provide the location of any proposed stormwater management practices as required by GC ? Please provide detail for the stormwater management practices as required by GC ? Please specify the percent of project imperviousness area based on the estimated built-out conditions. ? Please indicate all stormwater outfalls on the site plan. n ?-GlQ__? Please indicate the diffuse flow provision measures on the site plan. ? 1to (Z3L.i ,,,n,Cf s ? Please indicate whether or not the proposed impacts already been conducted. (? /`^?"`?`? ^ C0 Avoidance and/or Minimization Not Provided ? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional information as to why it is necessary for this project. ? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the Please revise the plans to avoid the impacts. ? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the Please revise the plans to minimize the impacts. ? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because . Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management practices that remove nutrients before the stormwater can be discharged through the buffer. Other ? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please provide $ . This additional fee must be received before your application can be reviewed. ? Please complete Section(s) on the application. ? Please provide a signed copy of the application. ? Please provide copies of the application, Mitigation copies of the site plans and other supporting information. ? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The plan must conform to the requirements in 15 A NCAC 2-H.0500 and must be appropriate to the type of impacts proposed. ? Please indicate which 404 Permit the USACE would use to authorize this project. rAU 5 Y-A /94A? ct C-CO