HomeMy WebLinkAbout20100952 Ver 1_401 Application_20101110Triage Check List
Date: 11/15/2010 Project Name: Martin's Creek II Mitigation Project
DWQ#: 10-0952
County: Cherokee
To: 401 Staff, Asheville Regional Office
60-day Processing Time: 11/12/2010 -1/11/11
From: Ian McMillan Telephone: (919) 715-4631
? Restoration Project NOT for mitigation issued by RO (copy to Eric/Tammy for comments)
? NON-EEP mitigation project; Issued by RO (copy to Eric/Tammy for comments)
? EEP full Delivery project; issued by RO (copy to Eric/Tammy for comments)
9 EEP design-Bid Build; issued by CO (copy to RO for comments)
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on
hold, please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental,
interim procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a
"second reviewer" as the triage process in Central had previously provided. Also, if you think
of ways to improve this process, especially so that we can plan for the electronic applications, let
me know. Thanks!
s e .
??a<4;:.rznnn
November 12, 2010
Ian McMillan, 401 Coordinator
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699 - 1650
y?s? s 3T?R ?C/0
RB?,cy
20100952
Re: Permit Application- Martin's Creek II Stream Restoration Project, Cherokee County
Dear Mr. McMillan,
Attached for your review are two copies of mitigation plans for Martin's Creek II stream
restoration project in Cherokee County. Please feel free to contact me with any questions
regarding this plan (715-7571).
Thank you very much for your assistance.
Sincerely
Lin Xu
Attachment: Mitigation Plans (2 originals)
PCN
CD containing all electronic files
North arolina Ec E ihancement ro r , -,161 Mail Service (e ?, CIY--* Th, °? ` ?-" / , -? 1' 1` www.nceep.net
OaO? W A T f9O
2 0 1 0 0 9 5 2
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PCN Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
® Section 404 Permit ? Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ? Yes ® 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
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:
? Yes ® No
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 ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Martin's Creek II Mitigation Project
2b. County: Cherokee County
2c. Nearest municipality /town:
Murphy
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state
project no:
3. Owner information
3a. Name(s) on Recorded Deed. NCEEP
3b. Deed Book and Page No. Book 1394, Page 0563-0588
3c. Responsible Party (for LLC if
applicable):
3d. Street address: 2728 Capital Blvd, Suite 1 H 103
3e. City, state, zip: Raleigh, NC27604
3f. Telephone no.: 919-715-7571
3g . Fax no.: 919-715-2219
3h . Email address: lin.xu@ncdenr.gov
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 11
PCN Form -Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 459100146624000
1 b. Site coordinates (in decimal degrees): Latitude: 3505449 Longitude: - 84.02584
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 93.87 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Martin Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: Class C
2c. River basin: Hiwassee
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:
Forest Land, pastureland and agricultural
3b. List the total estimated acreage of all existing wetlands on the property:
1.53
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
6196
3d. Explain the purpose of the proposed project:
Creat geomorphically stable conditions on the Martin Creek II site, ehnance the existing wetland by invasive removal and
hydrological improvement and restore wetland
3e. Describe the overall project in detail, including the type of equipment to be used:
Track hoes and dump trucks will be used to restore 2,470 ft. of stream, enhance 2,764 ft of stream, restore 5.2 ac of
wetland and enhance 1.53 ac of wetland.
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?
Comments:
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: Michael Baker
Name (if known): Carmen McIntyre Enginnering, Inc.
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
March 12, 2009, documents attached in the mitigation plan
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.
Page 3 of 11
PCN Form -Version 1.3 December 10, 2008 Version
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 11
PCN Form -Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
I 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 impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ®T Grading (Wetland Low Mountain
Alluvial Forest ®Yes ®Corps
0.09
A) Wetlands ? No ?DWQ
W2 ? P ®T Grading (Wetland Low Mountain
Alluvial Forest ®Yes ®Corps
0.15
C) Wetlands ? No ?DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0.24
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ? P ®T Enhancement II RP-UT1 & RP
Mainstem ® PER
® INT ® Corps
® DWQ 6.5-10.6 971
S2 ? P ®T Restoration MC-UT1
Reach 2 & 4 ® PER
? INT ® Corps
® DWQ 7.7-8.5 1402
S3 ? P ®T Enhancement I MC-UT1
Reach 3 ® PER
? INT ® Corps
® DWQ 8.5-11 345
S4 ®P ®T Enhancement I MC-UT 1-3
Reach I ® PER
? INT ® Corps
® DWQ 6 516
S5 ®P ? T Restoration MC-UT 1-3 ® PER ® Corps 6.5 1068
Reach 2 ? INT ® DWQ
S6 ? P ? T Enhancement II MC-UT2 & Martin
Creek ® PER
® INT ? Corps
? DWQ 6.5-11.4 932
3h. Total stream and tributary impacts 5234
3i. Comments:
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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. 41b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Pond ID
number
Proposed use or purpose
of pond
Wetland Impacts (acres)
Stream Impacts (feet) Upland
Flooded I Filled I Excavated I Flooded I Filled I Excavated I Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
Project is in which protected basin?
6b. 6c. 6d.
Buffer impact
number - Reason
Permanent (P) or for
Temporary (T) impact
B1 ?P?T
B2 ?P?T
B3 ?P?T
6i. Comments:
? Neuse ? Tar-Pamlico ? Other:
? Catawba ? Randleman
6e. 6f. 6g.
Buffer
Stream name mitigation
required?
? Yes
? No
? Yes
? No
? Yes
? No
6h. Total buffer impacts
Zone 1 impact Zone 2 impact
(square feet) (square feet)
Page 6 of 11
PCN Form -Version 1.3 December 10, 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.
Limit the grading activities within the limit of disturbance area.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Follow the approved sediment control plan , seed mulch and plant.
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
E] 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 7 of 11
PCN Form -Version 1.3 December 10, 2008 Version
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 8 of 11
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments:
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:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
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 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the
use of public (federal/state) land? ®Yes ? No
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ® Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
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
letter.) ® Yes ? No
Comments: see mitigation plan
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 10 of 11
PCN Form -Version 1.3 December 1 0, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
habitat? ? Yes ® No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts? ® Yes ? No
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?
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?
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
? Yes ® No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
8. Flood Zone Designation (Corps Requirement)
8a. 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?
Lin Xu /?? 11/12/10
Applicant/Agent's Printed Name Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided.) Date
Page 11 of 11
PCN Form - Version 1.3 December 10, 2008 Version.