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HomeMy WebLinkAbout20091169 Ver 1_More Info Received_20110915Strickland, Bev From: Homewood, Sue Sent: Thursday, September 15, 2011 4:28 PM To: Dennison, Laurie; Strickland, Bev Subject: FK Little Troublesome Revised PCN form Attachments: Little Troublesome PCN 09.06.11.pdf For file 09-1169 Sue Homewood NC DENR Winston-Salem Regional Office Division of Water Quality 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4964 FAX: (336) 771-4630 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Homewood, Sue Sent: Tuesday, September 06, 2011 1:25 PM To: Kulz, Eric Subject: FW: Little Troublesome Revised PCN form Fyi - I have left a voicemail for Todd, will let you know what he says when I talk to him. Sue Homewood NC DENR Winston-Salem Regional Office Division of Water Quality 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4964 FAX: (336) 771-4630 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Matt Jenkins fmailto:mien kins(a)wildlandseng.comI Sent: Tuesday, September 06, 2011 1:17 PM To: Homewood, Sue Subject: RE: Little Troublesome Revised PCN form Sorry about the mix up on UT4, there was some miscommunication on where the centerline should be and where the channel stopped and started. The downstream 130 If will be impacted as a result of the channel construction, as is evident on the plan set; see further revised PCN. The remaining upstream 42 If will be left alone and this area will be planted along with the rest of the riparian areas. This 42 feet is largely located within the existing wetland and the channel makes a 90-degree turn and straight lines to Irvin Creek. As for the wetland enhancements; all temporary impacts will be the result of adjacent stream grading and these areas will be further planted with native riparian vegetation. These areas will most-likely receive further hydrologic enhancement as a result of raising the water table from the elevated stream bed and from overbank flows. No enhancement "structures" (ie-graded depressions, swales, etc.) are being proposed for these areas if that's what you were wondering about. Please note my new email address, effective immediately: mienkins@wildlandseng.com Matt L. Jenkins, PWS Wildlands Engineering, Inc. (Office) 704.332.7754 ext. 107 (Mobile) 704.942.6928 From: Homewood, Sue fmailto:sue.homewood(dncdenr.govl Sent: Tuesday, September 06, 2011 12:47 PM To: Matt Jenkins Subject: RE: Little Troublesome Revised PCN form Thanks Matt, I'm still talking to some Central Office folks to make sure I write the permit correctly. I have 2 follow-up questions for you. What portion of UT4 is being temporarily impacted/enhanced? I don't see it on the plans, I only see the filled section. And for Wetland BB and Wetland CC, you call out enhancement to portions of them, how are they being enhanced? Thanks. Sue Homewood NC DENR Winston-Salem Regional Office Division of Water Quality S85 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4964 FAX: (336) 771-4630 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Matt Jenkins fmailto:mjenkins(&wildlandseng.com] Sent: Tuesday, September 06, 2011 12:38 PM To: Homewood, Sue Subject: Little Troublesome Revised PCN form Hi Sue, I've attached a revised PCN form for Little Troublesome Creek, showing the revised permanent and temporary impacts. Please let me know if you need any additional information. We just got the 404 from Andy, so this should be the last piece of the puzzle we'll need for everything. Thanks again for all your time on this! Please note my new email address, effective immediately: mienkins@wiIdiandseng.com Matt L. Jenkins, PWS Wildlands Engineering, inc. 1430 South Mint Street, Suite 104 Charlotte, NC 28203 (Office) 704.332.7754 ext. 107 (Mobile) 704.942.6928 (Fax) 704.332.3306 Please consider the environment before printing this email. D(? -11 6? ?O?- warps lwmwm? cv? 1 a LE. I Gy Za? t 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 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit E] Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: No. 27 or General Permit (GP) number: 1 c. 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 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: Little Troublesome Creek Mitigation Site 2b. County: Rockingham 2c. Nearest municipality / town: Reidsville, NC 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: (Stream Site) - Wildlands Little Troublesome Creek Holdings, LLC (Wetland Site) - State of North Carolina (NCEEP) - Conservation Easement holder; Jerry D. Apple - parcel owner 3b. Deed Book and Page No. (Wildlands Conservation Easement) - Deed Book 1411, Page No. 2458 (Apple Conservation Easement) - Deed Book 1412, Page No. 1685 3c. Responsible Party (for LLC if applicable): Wildlands Engineering, Inc.(EEP Stream Mitigation Full-Delivery Provider) Contact: John Hutton 3d. Street address: 5605 Chapel Hill Road, Suite 122 3e. City, state, zip: Raleigh, NC 27607 3f. Telephone no.: 919-851-9986 3g. Fax no.: 919-851-9987 3h. Email address: jhutton@wildlandsinc.com Page 1 of 12 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ® Other, specify: Engineer/Consultant 4b. Name: John Hutton 4c. Business name (if applicable): Wildlands Engineering, Inc. 4d. Street address: 5605 Chapel Hill Road, Suite 122 4e. City, state, zip: Raleigh, NC 27607 4f. Telephone no.: 919-851-9986 4g. Fax no.: 919-851-9987 4h. Email address: jhutton@wildlandsinc.com 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 12 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): PIN# 175706, 159491, 156941 1 b. Site coordinates (in decimal degrees): (Stream Site) Latitude: 36.329409 Longitude: 79.658261 (Wetland Site) Latitude: 36.275194 Longitude: 79.609577 1 c. Property size: (Stream Site) - 34.5 acre tract (Wetland Site) - 19 acre tract 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Little Troublesome Creek 2b. Water Quality Classification of nearest receiving water: Class C; NSW 2c. River basin: Cape Fear 03030002 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 stream portion of this project is located within an urbanized watershed of Reidsville, NC. Little Troublesome Creek and Irvin Creek exhibit severe bank erosion, incision, and over-widening. The wetland portion of this project is located in a relatively rural watershed, south of Reidsville. The existing and proposed wetlands are located entirely within an active agricultural crop field. 3b. List the total estimated acreage of all existing wetlands on the property: The stream site inclldes approximately 1.7 acres; the wetland site includes 3.7 acres for a total of 5.4 acres of existing wetlands. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 5,326 linear feet of intermittent and perennial channel within the project area. 3d. Explain the purpose of the proposed project: The primary goal for the project is to reclaim the natural and beneficial functions of the floodplain and stream channel within Little Troublesome Creek and Irvin Creek through enhancement and restoration activities. As well as improve terrestrial wetland habitat adjacent to Little Troublesome Creek through enhancement and creation activities. 3e. Describe the overall project in detail, including the type of equipment to be used: Grading and planting bank slopes with native riparian species, excavation of new channel and floodplain, excavation of riffle and pool bedform features and installation of in-stream structures. A trackhoe will be used for in-stream work. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ®Yes ? No ? Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type f ? Preliminary ®Final o determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Matt L. Jenkins, PWS - Wildlands Eng. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. SAW2009-02113, dated May 5, 2011 (enclosed in Appendix 2 of the report) 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ? Yes ® No ? Unknown 5b. If yes, explain in detail according to "help file" instructions. Page 3 of 12 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. Page 4 of 12 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 impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary T BB ®P ? T Fill Bottomland ® Yes ® Corps 086 0 Hardwood ? No ® DWQ . BB ? PET Temporary - Bottomland ® Yes ® Corps 1 30 Enhancement Hardwood ? No ® DWQ . CC ® P ? T Fill Bottomland ® Yes ® Corps 0 030 Hardwood ? No ® DWQ . CC ? P ®T Temporary - Bottomland ® Yes ® Corps 0 06 Enhancement Hardwood ? No ® DWQ . WL-1 ? P ®T Temporary - Palustrine Emergent Yes ? ® Corps 0 9 Enhancement (crop field) ® No ® DWQ . WL-2 [] P ®T Temporary - Palustrine Emergent ? Yes ® Corps 2 76 Enhancement (crop field) ® No ® DWQ . 2g. Total wetland impacts 5.14 2h. Comments: Portions of Wetlands BB and CC will be temporarily graded from adjacent channel construction and will be planted and enhanced with native vegetation. Wetlands WL-1 and WL-2 will be enhanced and planted with native vegetation. 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 Restoration Little Troublesome ® PER ® Corps 20 887 Creek ? INT ® DWQ S2 ? P ®T Restoration Irvin Creek ® PER ? INT ® Corps ® DWQ 15-20 3,544 S2 ? P ®T Restoration UT1 ? PER ® INT ® Corps ® DWQ 3-4 161 S2 ®P ? T Fill UT2 ? PER ® Corps 3-4 87 ® INT ® DWQ S3 ® P ? T Fill UT4 ? PER ® Corps 2 130 ® INT ® DWQ S3 ? P ®T Enhancement UT4 ? PER ® Corps 2 42 ® INT ® DWQ 3h. Total stream and tributary impacts 4,851 3i. Comments: Impacts to on-site streams typically include temporary enhancement and restoration activities and will result in Page 5 of 12 PCN Form - Version 1.3 December 10, 2008 Version a net gain of 702 linear feet of perennial stream channel. The lower 87 linear feet of UT2 is being listed as a permanent impact despite recent impacts from ATV activity eliminating downstream channel function and taking this channel offline through Wetland BB. The 130 linear feet of UT4 will be filled as a result of the new channel construction of Irvin Creek. 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. 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 ?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. Pond ID 5b. Proposed use or purpose 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated 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: Page 6 of 12 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, the n 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. ? 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 Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T im act required? 131 ?P?T ?Yes ? No B2 ?P?T ?Yes ? No B3 ?P?T ?Yes ? No 6h. Total buffer impacts 6i. Comments: Page 7 of 12 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The project constitutes a positive impact, enhancing and restoring stream function and habitat by improving bed features in the streams and establishing flood storage. Wetland habitat will also be enhanced and created through improved hydrologic function and vegetation. Biodegradable coir fiber matting and native vegetation will be used to stabilize the newly graded banks throughout the project. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction practices will follow guidelines from the NC Erosion and Sediment Control Planning and Design Manual. 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 1.3 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 9 of 12 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? 0% 2b . Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This project involves the restoration and enhancement of on-site jurisdictional stream channels and wetlands, no increase in impervious cover will result from the construction of this project. 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 10 of 12 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 ® Yes ? No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ® Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 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 ® Yes ? No letter.) Comments: The approved Categorical Exclusion is attached in Appendix 3. 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. This is a stream and wetland restoration project and will not cause an increase in development nor will it negatively impact downstream water quality. 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 1.3 December 10, 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 ? Yes ® 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? Utilized the NC Natural Heritage Program's element occurrence GIS data layer as well as contact the USFWS Raleigh office for any additional information on the presence of endangered or protected species or critical habitat (Appendix 3). Wildlands Engineering also performed a pedestrian survey of the site on July 21, 2009. 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? Contacted NC Wildlife Resource Commission (see enclosed letter in Appendix 3). 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? The NC State Historic Preservation Office (SHPO) was contacted regarding the presence historic properties or cultural resources within the project area. SHPO conducted a review of the area and "are aware of no historic resources which would be affected by the project" (see enclosed letter, Appendix 3). 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. A Conditional Letter of Map Revision (CLOMR) application has been submitted to NC Emergency Management (NCEM), a Cooperating Technical Partner with FEMA with authority to approve floodplain impacts to the Stream Site. After completion of the project, a Letter of Map Revision (LOMR) will be completed to revise floodplain mapping to reflect post- project floodplain conditions. No FEMA requirements were needed for the wetland portion of the project; a technical memo was prepared for Rockingham County with construction plans and proposed affects on hydrology. 8c. What source(s) did you use to make the floodplain determination? FIRM Panels 8903, 8904, 8911, 9812, 8921, and 9822 John Hutton I September 6, Wildlands Engineering j 2011 ' pplicant/Agent's Signature Date Applicant/Agent s Printed Name (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12