HomeMy WebLinkAbout20140375 Ver 1_More Info Received_20140527Homewood, Sue
From: Justin Church <justin @brec.biz>
Sent: Tuesday, May 27, 2014 10:37 AM
To: Homewood, Sue
Cc: Derek Goddard; Alexander, Tasha L SAW
Subject: Re: [EXTERNAL] Re: Shepherds Way Farm (UNCLASSIFIED)
Attachments: PCN_FORM_05272014.pdf
Tasha/Sue,
Please see that revised PCN form attached. Responses to questions are inline. Let me know if you need
additional information.
On Fri, May 9, 2014 at 11:42 AM, Homewood, Sue <sue.homewood @ncdenr.gov> wrote:
Justin/Derek,
We can discuss these at the site meeting or you can submit information between now and then, it's up to you, I
just wanted you to be prepared for some of my questions.
Can you please provide us with more information about the design. Do you have reference reach comparisons?
I covered this in the updated PCN form, but basically this is a priority 2 /priority 3 restoration design with the
goal of reducing bank erosion by creating a floodplain stabilized with boulder structures and dense woody
vegetation. Some channel realignment will be necessary, but the goal is to use the existing channel to the
maximum extent possible. Typically, we use reference reach data that was compiled by the NCSU Stream
Restoration Program. While we do use reference reach data, our design is not entirely based on reference reach
comparisons. Some design choices are based on experience, and some are based other parameters published in
the academic literature.
Will you be able to meet the "work in the dry" condition of the 401 General Certification?
Yes, a pump will be utilized to work in the dry.
It looks like the first instream structure will be really close to George Shepherd Rd. Have you talked to
NCDOT about the project?
NCDOT has provided comment that this is not of concern to them. I think you have seen that, but let me know
if you haven't.
Can you clarify whether you will be planting trees within the buffer? There are specs for tree planting but the
riparian seeding schedule is just for herbaceous cover and I don't see planting specifically called out anywhere
on the plans.
We will plant a 25' buffer with woody and herbaceous vegetation.
OBOE W A TF9OG
Q <
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 11
PCN Form — Version 1.3 December 10. 2008 Version
Pre - Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1a.
Type(s) of approval sought from the
Corps:
X Section 404 Permit ❑Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes
X No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
X 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 X No
For the record only for Corps Permit:
❑ Yes X 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
X No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
❑ Yes
X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
1 No
2.
Project Information
2a.
Name of project:
Shepherds Way Farm - Piney Branch Stream Restoration
2b.
County:
Ashe
2c.
Nearest municipality / town:
Laurel Springs
2d.
Subdivision name:
NA
2e.
NCDOT only, T.I.P. or state
project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Shepherds Way Farm, LLC
3b.
Deed Book and Page No.
417/370
3c.
Responsible Party (for LLC if
applicable):
Jarvis Dickens
3d.
Street address:
540 George Shepherd Road
3e.
City, state, zip:
Laurel Springs, NC 28644
3f.
Telephone no.:
704 - 437 -4554
3g.
Fax no.:
N/A
3h.
Email address:
N/A
Page 1 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):
14421 -085
1b. Site coordinates (in decimal degrees):
Latitude: 36.440213 Longitude: - 81.287006
(DD.DDDDDD) (- DD.DDDDDD)
1 c. Property size:
67 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Piney Branch
proposed project:
2b. Water Quality Classification of nearest receiving water:
C
2c. River basin:
New
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:
Current land use is agricultural fields with some forest cover. Stream banks are heavily eroded from lack of riparian
buffer.
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:
4800' Perennial
3d. Explain the purpose of the proposed project.
This is a USDA EQIP funded project. The goal of the project is to reduce stream bank erosion.
3e. Describe the overall project in detail, including the type of equipment to be used:
This restoration is a priority 2 /priority 3 design. The goal is to reduce bank stress by creating floodplain benches
stabilized with boulder pool and riffle structures and dense woody vegetation. Some channel realignment will be
necessary to reduce bank stress, however, the existing channel will be utilized as much as possible. Native bed material
will be reused in all channel realignment sections. Work will be completed in the dry and stabilized with coir matting at
the end of each day's work. Any constructed riffles shown on the plansheets that are not necessary to hold grade will not
be installed. Work will be completed with a tracked excavator.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
Yes X No El 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:
Name (if known): Unknown
Other:
46 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 X 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
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
Wetlands X 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
❑ Yes
Corps
No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ 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
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 X P❑ T
Restoration
Piney Branch
X INR
X Corps
8
1.868
S2 P ❑ T
PER
Corps
❑ INT
DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
I ❑ DWQ
3h. Total stream and tributary impacts
1,868
3i. Comments:
Page 5 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.
The only practical alternative to preventing erosion and restoring stream function is a holistic restoration.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Stringent erosion control standards for sensitive water sheds will be adhered too. All disturbances will be stabilized at the
end of each days work.
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 7 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 X 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 X No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why: Project is in forested, rural setting. All
stormwater is diffuse flow over vegetated surfaces.
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
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?
❑ Raleigh
5c.
If yes, indicate the USFWS Field Office you have contacted.
® Asheville
5d.
What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
http: / /www.ncnhp.org - http:// www .saw.usace.army.mil/WETLAND /esa - http : / /www.fws.gov /nc- es /es /es.html
6.
Essential Fish Habitat (Corps Requirement)
6a.
Will this project occur in or near an area designated as essential fish habitat?
FEI Yes ® No
6b.
What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http: // ocean. floridamarine .org /efh_coral /ims /viewer.htm
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?
http: / /www.hpo.ncdcr.gov
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: No rise to the flood way will occur.
8c. What source(s) did you use to make the floodplain determination? http: / /www.ncfloodmaps.com
Derek Goddard
4/11/14
Applicant /Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided
Page 11 of 11