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HomeMy WebLinkAbout20091078 Ver 1_401 Application_20091009PARKSCREATION .09'1078 118 Hamby Road, Suite 336 e Dobson, NC 27017 9 336-401-8235 • Fax: 336-401-8217 October 6, 2009 Mr. Monte Matthews Raleigh Regulatory Field Office Department of the Army, Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Re: Fisher River Park Bank Stabilization Project 401/404 Pre-Construction Notification Application Dear Mr. Matthews: Ogk?51_g n? w1? J O C T 1 3 2009 WETLANDS aNp WATER OVAUTY Enclosed for your consideration and approval is the Pre-Construction Notification for the US Army Corps Nationwide Permit 13 for 100 linear feet of stream bank stabilization for the Fisher River Park Bank Stabilization Project. This project is located in Surry County. Also enclosed is a photo log for your reference in reviewing the PCN application. This is not a stream mitigation project and is funded by Surry County. If I can be of any further assistance, please contact me at 336-401-8237. Sincerely, Le--t- Adam McComb Director, Surry County Parks & Recreation Department Enclosures: PCN, Landowner Authorization Forms, Figures, Photo log CC: Ron Linville WRC Laurie Dennison DWQ AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. PLAN NO. PARCEL ID: 4997-00-63-0796 STREET ADDRESS: Prison Camp Road Dobson, NC 27017 Please print: Clarence McCormick Property Owner: Property Owner: The undersigned, registered property owners of the above noted property, do hereby authorize Adam McComb (Contractor / Agent) of Surry County Park & Rec (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): PO Box 498, Dobson, NC Telephone: (33L) 3M -36lL IWI 11 O % 1 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signature Date: to ' / 'o f 4 Aut orized Signature Date: 16 q- o r ' 1073 O?oF W AT&'y 1 1 >_ ? I ?.l l ° Y Office Use Only: Corps action ID no. DWQ project no. Form Version 1.0 November 2008 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 1 b. Specify Nationwide Permit (NWP) number: 13 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? i 9 Yes El No 1 d. 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 For the record only for DWQ 401 For the record o nly for Corps Permit: because written approval is not required? Certification: ® Yes ? No ? Yes ® No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation ? Yes ® No of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ? Yes ® No below. 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: Fisher River Park Bank Stabilization Project 2b. County: Surry 2c. Nearest municipality / town: Dobson p • • .? 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state t N/A O C T 1 3 2009 projec no: WETLANDS AND STORi TE BRANCH Page 1 of 12 PCN Form - Version 1.0 November 2008 Version Section A. Applicant Information, continued 3. Owner Information 3a. Name on Recorded Deed: Surry County Clarence McCormick 3b. Deed Book and Page No. 0014 0062 0190 0467 3c. Responsible Party (for LLC if applicable): Adam McComb 3d. Street address: 118 Hamby Rd, Suite 336 PO Box 498 3e. City, state, zip: Dobson, NC 27017 Dobson, NC 27017 3f. Telephone no.: 336-401-8235 3g. Fax no.: 336-401-8217 3h. Email address: mccomba@co.surry.nc.us 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ® Other, specify: Owner for the park and Agent for the landowner 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no. 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Adam McComb--Same as in #3 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 12 PCN Form - November 2008 Version Section A. Applicant Information, continued Page 3 of 12 PCN Form - November 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 4997-00-46-5429 (Park parcel) 4997-00-63-0796 1 b. Site coordinates (in decimal degrees): 36°25'6.30'N - 80°43'0.05'W 1c. Property size: 124.72 acres (park parcel) 197.32 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Fisher River proposed project: 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Yadkin Pee-Dee 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The streams flow through Fisher River Park and then onto the McCormick parcel for about 75 feet before entering the Fisher River. The stream historically has been moved and straigtened. The stream has eroded banks due to straightening and lack of vegetation. 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2000 linear feet 3d. Explain the purpose of the proposed project: To stabalize eroding stream banks within the park and to reduce the sediment entering the Fisher River. 3e. Describe the overall project in detail, including the type of equipment to be used: Project will include bank stabalization along approximately 100 linear feet of a UT to Fisher River near the town of Dobson. Work will be conducted track hoes, dump trucks and other equipment typically used for stream stabilization projects. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ? Yes ® No ? Unknown project (including all prior phases) in the past? 4b. If the Corps made the jurisdictional determination, what type ? Preliminary ? Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for ? Yes ® No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ? Yes No 6b. If yes, explain. Page 4 of 12 PCN Form - Version 1.0 November 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ? Wetlands ® Streams - tributaries ? Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number- Type of Type of wetland Forested (Corps - 404, Area of impact (acres) Permanent (P) or impact (if known) DWQ - non-404, other) Temporary (T) W1 ? P ? T ? Yes ? No ? Corps ? DWQ W2 ? PEI T ? Yes ? No ? Corps ? DWQ W3 ? P ? T ? Yes ? No ? Corps ? DWQ W4 ? P ? T ? Yes ? No ? Corps ? DWQ W5 ? PEI T ? Yes ? No ? Corps ? DWQ W6 ? P ? T ? Yes ? No ? Corps ? DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. Stream impact Type of Stream name Perennial (PER) or Average stream width (feet) Impact number - impact intermittent (INT)? length Permanent (P) or (linear feet) Temporary (T) S1 ® P ? T Bank stabilizati UT to Fisher River ® PER ? INT 6 100 on S2 ? P ? T ? PER ? INT S3 ? P ? T ? PER ? INT S4 ? P ? T ? PER ? INT S5 ? P ? T ? PER ? INT S6 ? P ? T ? PER ? INT 3g. Total stream and tributary impacts 600 3h. Comments: Page 5 of 12 PCN Form - Version 1.0 November 2008 Version C. Proposed Impacts Inventory, continued 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individual) list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of impact number waterbody Type of impact Waterbody type Area of impact (acres) - Permanent (if (P) or applicable) Temporary (T) 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: Page 6 of 12 PCN Form - November 2008 Version C. Proposed Impacts Inventory, continued 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. P d ID Wetland Impacts (acres) Stream Impacts (feet) Upland on Proposed use or (acres) number purpose of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Tota I 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ? Neuse ? Tar-Pamlico ? Other: Project is in which protected basin? ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact (square Zone 2 impact Permanent (P) for impact Stream name mitigation feet) (square feet) or Temporary required? T B1 ?P?T ?Yes ?No B2 ?P?T ?Yes ?No B3 ?P?T ?Yes ?No 6h. Total buffer impacts 6i. Comments: Page 7 of 12 PCN Form - November 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Proposed impacts are required to stabilize stream banks. Project will result in bank sloping of 100 linear feet (LF) of stream along the UT at the confluence with Fisher River. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Contractor will work from the top of bank to avoid disturbing the streambed. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ® No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank El Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type 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: warm, cool, cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h.. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 8 of 12 PCN Form - Version 1.0 November 2008 Version D. Impact Justification and Mitigation, continued 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 Reason for impact Total impact (square feet) Multiplier Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 Total buffer mitigation required: 6c. 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). 6d. Comments: Page 9 of 12 PCN Form - November 2008 Version 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 ? Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? ? Yes ® No 2. Determination if the Project Requires a Stormwater Management Plan 2a. Does the project require a Non-404 Jurisdictional General Permit? ? Yes ® No 2b. Is the project subject to General Certification 3704 or 3705? ? Yes ® No 3. Determination of Stormwater Review Jurisdiction 3a. Is this project subject to any of the following state-implemented stormwater ? Coastal counties management programs (check all that apply)? ? HQW El ORW If so, attach one copy of the approval letter from the DWQ and one copy of the ? Session Law 2006-246 approved stormwater management plan. ? Other: 3b. In which local government's jurisdiction is this project? Town of Dobson 3c. Is this local government certified to implement a state stormwater program? ? Yes ? No If so, attach one copy of the approval letter from the local government and one copy of the approved stormwater management plan (or one copy of the approved Stormwater management plan stamped as approved). 4. Information Required for DWQ 401 Unit Stormwater Review 4a. What is the overall percent imperviousness according to the most current site plan? >5 4b. Does this project contain any areas that meet the criteria for "high density" per ? Yes ® No General Certifications 3704 and 3705? 4c. If the site is over 24% impervious and/or contains high density areas, then provide a brief narrative description of the stormwater management plan. 4d. Has a completed BMP Supplement Form with all required items been submitted ? Yes ? No for each stormwater BMP? Page 10 of 12 PCN Form - Version 1.0 November 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No use of public (federal/state) land? 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ? Yes ® No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® 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 11 of 12 PCN Form - Version 1.0 November 2008 Version F. Supplementary Information, continued 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or Y ? es No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ? No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. ? Raleigh ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NCWRC Natural Heritage website, Natural Heritage workroom, USFWS 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? USFWS 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ? Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? North Carolina Office of Archives and History website was searched. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? -0 yes ? No 8b. If yes, explain how project meets FEMA requirements: Bank sloping will not have an adverse impact on the flood levels. 8c. What source(s) did you use to make the floodplain determination? North Carolina Floodplain Mapping Information System, Sury County GIS -?? ' Applicant/Agent's Printed Name Applicant/Agent s Signature (Agent's signature is valid only if an authorization letter from the applicant Date is provide .) Page 12 of 12 PCN Form - November 2008 Version