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HomeMy WebLinkAbout20190885 Ver 1_401 Application_20190703Staff Review Does this application have all the attachments needed to accept it into the review process? r Yes r No ID#* 20190885 Version* 1 Is this project a public transportation project?* r Yes r No Reviewer List:* Select Reviewing Office:* Submittal Type:* 401 Application Zan Price:eads\gaprice Asheville Regional Office - (828) 296-4500 Does this project require a request for payment to be sent?* r Yes r No How much is r $240.00 * owed? r $570.00 Project Submittal Form Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: r New Project • Pre -Application Submittal • More Information Response • Other Agency Comments r For the Record Only (Courtesy Copy) New Project - Please check the new project type if you are trying to submit a new project that needs an official approval decision. Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and do not have the expectation that your submittal will be considered a complete application requiring a formal decision. More Information Response - Please check this type if you are responding to a request for information from staff and you have and ID# and version for this response. Other Agency Comments - Please check this if you are submitting comments on an existing project. Project Contact Information Name: Ryan Houston Who is subrritting the information? Email Address: ryan@lawn-n-order.net Project Information Project Name: Kenny Galloway Soggy Lawn Drain Project Is this a public transportation project? Yes c' No Is the project located within a NC DCM Area of Environmental Concern (AEC)? C Yes (-- No C Unknown County (ies) Buncombe Please upload all files that need to be submited. dick the upload button or drag and drop files here to attach docurrent Kenny Galloway PCN Form.pdf 4.38MB K Galloway Drain Blueprint.pdf 696.52KB Signed Authorization Form'Kenny Galloway Soggy 654.25KB Lawn Drain'.pdf Only pdf or IaYz files are accepted. Describe the attachments: K Galloway Drain Blueprint is a rendering on the county GIS imagery, of proposed drainage to be installed to dry out standing subterranean water in the back yard of 38 Old Lime Kiln Rd, that is backed up from a combination of water blockages on 44 Old Lime Kiln Rd, that prevent naturally occurring storm water, from flowing across the properties, in the natural drainage manner to reach and existing pond. There is an ebsting surface drain that has been in place for decades, that is consistently being re -filled with sediment, making passage of water impossible. In addition there is a compacted road on 44 Old Lime Kiln Rd, that has a drain culvert that is positioned too high for the water to cross, which causes it to back up, henceforth saturating the lawn of K Galloway, making the lawn very soggy, and holding stagnant water at times that make the lawn and area of both properties unusable, and also creates a breeding ground for mosquitoes. Our proposal is to install a large French Drain through the lawn of 38 Old Lime Kiln, and across 44 Old Lime Kiln Rd, that will carry water to a concrete drain catchment basin that we will drill with holes, and surround with the gravel, and separate this gravel from the soil using drainage fabric, to allow the water to permeate through the French Drain, and into the Drain Basin, then it will connect into a solid 15" diameter HDPE culvert that will be installed through the driveway and some 50' of land on 44 Old Lime Kiln Rd, and will deposit the water into the pond. The water will be filtered of most sediment from the French Drain, and the water is also following an existing pattern of drainage, so no alteration of the natural flow is occurring, but is simply being improved to make the land usable, and reduce hazardous pests that breed in stagnant water. This will also freshen the water in the pond which will reduce the algae blooms, and make the pond more habitable for wildlife. V By checking the box and signing box below, I certify that: • I have given true, accurate, and complete information on this form; o I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act") • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); o I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND o I intend to electronically sign and submit the online form." Signature: Submittal Date: 7/3/19 Is filled in autorratically. Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 M Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: NV/32-9 or General Permit (GP) number: 2. % 1 c. Has the NWP or GP number been verified by the Corps?es ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑ No For the record only for Corps Permit: ❑ Yes ©'<o 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ©t0 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes MT .14 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes O'NoN 2. Project Information 2a. Name of project: Kw( otdm 'So Ua-w ^ ckin 2b. County: h 4Mb 2c. Nearest municipality / town: f4en 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Otie ` R e—A Q 3b. Deed Book and Page No. $72(02. /05r,�,. 07 I 02 (6 3c. Responsible Party (for LLC if applicable): 3d. Street address: vd. ume .'h 3e. City, state, zip: 6, A 491 3f. Telephone no.: big`% "Z, 3 3g. Fax no.: 3h. Email address: Q"` p�� (� 6Zti.. m r t'?C' ew- ol et M Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ff7Agent ❑ Other, specify: 4b. Name: c L.&^i n 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: PC 2 4f. Telephone no.: ..'%r%y- 2$ `7 Z..' 10 4g. Fax no.: 4h. Email address: 9-r. ��- 5. Agent/Consultant Information (if applicable) 5a. Name: k,% 5b. Business name (if applicable): nn r n' N Or�'tr exs 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: O-W#k— h - C r-CLt)r, f1 Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1b. Site coordinates (in decimal degrees): Latitude: Longitude: .. .5 1c. Property size: (p acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: 2b. Water Quality Classification of nearest receiving water: 2c. River basin: P7.r pn eA ` j r p 3. Project Description 3a. Describe the existingconditionson the site and the general land use in the vicinit/y� of the project at the time of this application: So5J / e10 -L -)V , %ey\?raveA- ,"-v4 u Se a.%If p'1p( r"9voovt- g4OA.,�,e 3b. List the total estimated acreage of all existing wetlands on the property: 1 acre, 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: (� 3d. Explain the purpose of the proposed project: To -Th 2 ' 4 V� ar\ao M alu U"le_ a,^at rt*-^oUe st-wc n"i l 3e. Describe the overall project in detail, including the type of equipment to be used: 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the ❑ Yes o ❑ Unknown Corps or State been requested or obtained for this property / Comments: project(including all priorphases) in thepast? 4b. If the Corps made the jurisdictional determination, what type reliminary ❑ Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Com any: Name (if known): ,N1 ar p�6—:54D Other: Core OT 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for El Yes 11 WO ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. N *- 6. Future Project Plans 6a. Is this a phased project? ❑ Yes o 6b. If yes, explain. PA Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary sctions were completed below for your project (check all that apply): 1 a. Wh;ew-`e�tlands ❑ Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. Wetland impact Type of impact Type of wetland Forested 2e. 2f. Type of jurisdiction Area of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) Temporary T W1 - 1P Choose one Choose one Q,C II Yes/® p .?—!5' W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 _ Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 39 Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact length number intermittent (INT)? jurisdiction stream Permanent (P) or width (linear feet) Temporary (T) (feet) S1 - Choose one - S2 - Choose one - " S3 - Choose one S4 - Choose one - S5 - Choose one - " S6 - Choose one - 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose O2 _ Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require miti ation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designs project. Tki S 1 S AA e.K; s� Ar aQ -tom 1 S a ,/n aA, _0. �aQ2 1 a r.d� to �5 f"IItA5 P 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. ?3v� LAS��o� -f'►���r Ta�r�C P0%1LJe UCVa,'lo- CoA rQk 'fifc(1^5 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the States 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? " - ❑ Yes 0 -1400 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ❑ No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ❑ Yes ❑ No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 2b. Does this project require a Stormwater Management Plan? ❑ Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): ❑ Phase II ❑ NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑Yes ❑ No 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): ❑Coastal counties ❑HQW ❑ORW ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ❑ No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an ❑Yes ❑ No environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval El Yes E] No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, [-]Yes ❑ No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes ❑ No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes ❑ No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act Cl Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑ No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 17. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑ No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? 8. Flood Zone Designation (Corps Requirement) [a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Applicant/Agent's Printed Name Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 Date SAMPLE AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. PLAN NO. PARCEL ID: STREET ADDRESS: Please print: Property Owner: Property Owner: 38 Old Lime Kiln Rd, Arden, NC 28704 Kenneth Galloway Kristina Galloway The undersigned, registered property owners of the above noted property, do hereby authorize Ryan Houston (Contractor / Agent) of Lawn -N -Order Landscaping, Inc. (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): N/A Telephone: 828-772-1135 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signature 5/20/19 Date: Authorized Signature 5/20-19 Date: SAMPLE AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT N0, PLAN NO. STREET ADDRESS: H q 0 PARCEL ID: AfAw NL 2.$1170q-141' Please print: �/ Property Owner: KeA e h_ - Property Owner: t<amet� f &ro 1'l W Com' The undersigned, registered property owners of the above noted property, do hereby authorize 1-ZAQ^ R G, °✓� , of lawn. * 00-jor (,,coxa Sca,45 I+ItC (ContrActor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signature Date: May 10, 2019 C41L,W7. u)a,&- Authorized Signature Date: Mg3j 10,2019 4/26/2019 Search By Deed or Plat Buncombe County GIS Sales Report Buffer Export SUBSECT: ° p a HOUSENUMBER: 38 , NUMBERSUFFIX: DIRECTION: - STREETNAME: OLD LIME KILN STREETTYPE: RD TOWNSHIP: 19 ; ACREAGE: 1.67999995.:" DEEDDATE: 20141119 ,r COUNTY: BUN CITY: FIREDISTRICT: FSK r'�( SCHOOLDISTRICT: t "d J 34L ' k CAREOF:'Z� 38 OLD LIME KILN RD - ADDRESS: CITYNAME: ARDEN STATE: NC ZIPCODE: 28704 CLASS: 100 (https:Hgis.buncomb :r 0�� TOTALMARKETVALUE: 592400` APPRAISEDVALUE: 592400 >� j TAXVALUE: 592400 _v LANDUSE: ` V NEIGHBORHOODCODE: WRAA��� LAN DVALU E: 79900 BUILDINGVALUE: 512500 s 1 Export to Google Map © 2019 - BC :: Information Technology - C IS (http://gis.buncombecounty:or https://gis.buncombecounty.org/buncomap/# Search Results . 4 25Ure Export to Excel Print Results 19b:14 E _ s1 µs aI PropCard PROPERTY CARD (https:/ 5262/0528 DEED BOO K/DEEDPAGE:(http:// regi sterofdeeds.bu bAutoSearch=true&bk=52 i .5 0083/0183 PLATBOOK/PLATPAGE: (http://registerofdeeds.bu^' bAutoSearch=true&bk=83 1A Sales Report: Sales Report PINNUM: 965316739300000 CF OWNER: GALLOWAY KENNETH _. CONDOUNIT: CONDOBUILDING SUBNAME: VERNON D DUCKETT SUBLOT: D SUBBLOCK: SUBSECT: ° p a HOUSENUMBER: 38 , NUMBERSUFFIX: DIRECTION: - STREETNAME: OLD LIME KILN STREETTYPE: RD TOWNSHIP: 19 ; ACREAGE: 1.67999995.:" DEEDDATE: 20141119 ,r COUNTY: BUN CITY: FIREDISTRICT: FSK r'�( SCHOOLDISTRICT: t "d J 34L ' k CAREOF:'Z� 38 OLD LIME KILN RD - ADDRESS: CITYNAME: ARDEN STATE: NC ZIPCODE: 28704 CLASS: 100 (https:Hgis.buncomb :r 0�� TOTALMARKETVALUE: 592400` APPRAISEDVALUE: 592400 >� j TAXVALUE: 592400 _v LANDUSE: ` V NEIGHBORHOODCODE: WRAA��� LAN DVALU E: 79900 BUILDINGVALUE: 512500 s 1 Export to Google Map © 2019 - BC :: Information Technology - C IS (http://gis.buncombecounty:or https://gis.buncombecounty.org/buncomap/#