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HomeMy WebLinkAbout20181671 Ver 1_401 Application_20181206MEMORANDUM November 28, 2018 tv a uepartrrjent ur Environmental Quality Received NOV 3 0 2018 Winston-Salem Regional Of, 20181671 To: William Elliott, Regulatory Project Manager U.S. Army Corps of Engineers, 151 Patton Avenue # 143, Asheville, North Carolina 28801 Sue Homewood, Division of Water Resources, 450 W. Hanes Mill Road, Suite 300, Winston-Salem, NC 27105 Andrea Leslie, North Carolina Wildlife Resources Commission, Mountain Habitat Conservation Coordinator, 645 Fish Hatchery Road, Bldg. B, Marion, NC 29752 From: Joe Mickey, 283 Timberbrook Trail. State Road, NC 28676, 336-366-2982, jhmfish _sugy net RE: Nationwide 13 permit application, Mitchell River, Surry County As the agent for the Mr. Ned Eldridge, I have enclosed a permit application for a small streambank stabilization project the Mitchell River, Surry County. The purpose of this project is to stabilize approximately 100 linear feet of eroding streambank caused by Tropical Storm Michael. Thank you for your time and review of this project. If you have any concerns or q ions with this application, as the applicant's agent, please do not hesitate to contact me. p12 4 Enclosures: Signed Agent Authorization Form DEC 0IR USACE PCN Form, Sept 29, 2018 Ver 3DEQ-WgTER Project Plan 401 &BUFFER Topo & Soil Maps New Submission Page 1 of 14 Ul.ision of AAtrr Rest) u(c rs N. L),2 p a rt ro e n t L, T' Environmental Quality Received NOV 3 0 2018 Winston-Salem Regional Office Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) September 29, 2018 Ver 3 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. Also, if at any point you wish to print a copy of the E -PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. hfps:Hedocs.deq. nc.gov/WaterResources/0/edocl6247041PCN%20Help%20File%202018-1-30.pdf (hftps://edocs.deq.nc.gov/WaterResources/0/doc/60361 O/Page1. aspx) A. Processing Information County (or Counties) where the project is located:* / Add additionalcounty Is this project a public transportation project?* Yes p No This is any publicly funded by municipal,state or federal funds road, rail, airport transportation project. 1a. Type(s) of approval sought from the Corps:* C9 Section 404 Permit (wetlands, streams and waters, Clean Water Act) ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 11/15/2018 New Submission Page 2 of 14 1 b. What type(s) of permit(s) do you wish to seek authorization?* 0 Nationwide Permit (NWP) ❑ Regional General Permit (RGP) ❑ Standard (IP) This form may be used to initiate the standardfindividual permit process with the Corps. Please contact your Corps representative concerning submittals for standard permits. All required items that are not provided in the E -PCN can be added to the miscellaneous upload area located at the bottom of this form. 1c. Has the NWP or GP number been verified by the Corps?* • Yes 0 No 1 d. Type(s) of approval sought from the DWR: * check all that apply 401 Water Quality Certification - ❑ 401 Water Quality Certification - Regular Express ❑ Non -404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑ Individual Permit 1e. Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: O Yes 0 No For the record only for Corps Permit: O Yes ® No 1f. is this an after -the -fact permit application?* O Yes 0 No 1g. 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 in4ou fee program. O Yes Acceptance Letter Attachment Click the upload button or drag and drop flies here to attach document Upload FILE TYPE MUST BE PDF https://edocs.deq.nc.gov/Forms/Pre-COnstruction—Notification Form I JAJJ)V@fig Notification Fonri New Submission 1 h. Is the project located in any of NC's twenty coastal counties?* 0 Yes 0 No 1j. Is the project located in a designated trout watershed?* 4P Yes Q No Page 3 of 14 Link to trout information: http://www.saw.usace.arTny.miUMissions/Regulatory-Permit Program/Agency-Coordinationfrrout.aspx (http://www.saw.usace.army.mil/Missions/Regulatory- Permit Program/Agency-Coordinationfrrout.aspx) B. Applicant Information 1a. Who is the Primary Contact?* Toe- e 01 i c.lcey 1 b. PrimaryContact Email: / 1 d. Who is applying for the permit? * O Owner (Check all that apply) 1c. Primary Contact Phone:* (xxx)xxx-xxxx (3,`� 346 -.1 9tfz ® Applicant (other than owner) 1e. Is there an Agent/Consultant for this project?* 0Yes 0No 2. Owner Information 2a. Name(s) on recorded deed: * A.►'eJ- r- C I aL" id & 4..4s G 2b. Deed book and page no.: 01366 0717 PI%A .Y%4 -,60066.19147S 2c. Responsible party: (for Corporations) https:/Iedocs.deq.nc.gov/Forms/Pre-Construction Notification Form 11/15/2018 ivew �iuvrmssion 2d. Address* Street Address Y0/ 6, Aue_xue✓ Address Line 2 city State / Province / Region Ns� I°o�.vt /UG. Postal /Zip Code 2e. Telephone Number* (xxx)XXX xxxx (_336) 38 SO ga_ 2f. Fax Number: 0M)moc--XXXX 2g. Email Address: Add another owner Country 6c.A.1 i _(:C> � Page 4 of 14 C. Project Information and Prior Project History 1. Project Information---­ Ia. nformation 1a. Name of project: * Eldv,d>„� �irvp��v�r 1 b. Subdivision name: Of appropriate) 1 c. Nearest municipality / town: * n 0 10.5 0A) New Submission 2. Project Identification 2a. Property Identification Number: (tax PIN or parcel ID) I?S-Zov'et,, 7O.r- 2c. Project Address Street Address q'1 IF At14� Address Line 2 City 2b. Property size: (in acres) State / Province / Region 74 re�,tyaer A-) Postal / Zip Code 2d. Site coordinates in decimal degrees Page 5 of 14 Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how the location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude:' Longitude: * ex: 34.208504 -77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * M;-ke-AeI/ Ri0e.v- 3b. Water Resources Classification of nearest receiving water. * Surface Water lookup (httpsJ/nodenr.maps.arcgis.conVapps/webappviewerfindex.htmi? id=6el25ad7628f494694e259c80dd64265) fit"°//t ..*,ragov/F'ormsMte-Construction Notification Form 11/15/2018 New Submission 3c. What river basin(s) is your project located in?* yCO.d i,,�I Add another river basin 3d. Please provide the 12 -digit HUC in which the project is located.* O :3(7`O/0/0 -5'0`i River Basin Lookup (http://ncdenr.maps.arcgis.com/apps/Publicinformation/index.htmi? appid=ad3aS5aoc6d644a0b97cdo69db238ac3) 4. Project Description and History Page 6 of 14 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * C$e Le !3G -k f4old o.ii el iko 'Nei w,- 74,c - Fwn11-1 f"Sk 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* O Yes ® No O Unknown 4d. Attach an 8112 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Click the upload button or drag and drop flies here to attach document Upload A File type must be pdf 4e. Attach an 8112 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Click the upload button or drag and drop flies here to attach document Upload A -9a,- - , File type must be pdf https://edocs.deq.nc.gov/Forms/Pre-Construction Notification Form 11/15/2018 New Submission 4f. List the total estimated acreage of all existing wetlands on the property: D 4g. List the total estimated linear feet of all existing streams on the property: (intermittent and perennial) 3s'v -'4 4h. Explain the purpose of the proposed project: * % _sAz41-' /; ze- 0- vk -5 x*� w io .4- Page 7 of 14 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * S A lI A � u syr_ Gt�tc. s �y, �l yb -vCL7 Y �L,�c f ' lea sh �s Cirv� ma i"l� a &A c( 4j. Please upload project drawings for the proposed project. Cid* the upload button or drag and drop Was here to attach document Upload A� File type rust be pdf S. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Q Yes p No ® Unknown Comments: https://edocs.deq.nc.gov/Fonns/Pre-Construction Notification Form 11/15/2018 Nqw Submission Page 8 of 14 5b. If the Corps made a jurisdictional determination, what type of determination was made?* O Preliminary O Approved O Not Verified O Unknown O N/A Corps AID Number: Example: SAW2017-99899 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other. SM. Jurisdictional determination upload Click the upload button or drag and drop files here to attach document Upload File type must be PDF 6. Future Project Plans 6a. Is this a phased project?* O Yes ® No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. No D. Proposed Impacts Inventory 1. Impacts Summary https://edocs.deq.nc.gov/Forms/Pre-Construction Notification Form 11/15/2018 New Submission Page 9 of 14 1a. Where are the impacts associated with your project? (check all that apply): ❑ Wetlands tK Streams -tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: * ✓� Tr'Pe�s+^ 1$µ 1n1 fZGY4Lt.t.z L,-."// A *t A op, #- ifp rr? LLY/NICi�✓Y I... [,,IP Aeaati!G tx y sr v�-e-p"l, wlrrtw i ...s �fi� s >fi'1��tJ++- lr.+��% % � 1[+rxy �` 9�► ca- s>tiJrtr �ttarta`+-. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: * See- a-44 CL, W- , 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? O Yes ® No NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS(https://ribits.usace.amiy.miVribits apexff? p=107:27:2734709611497::NO:RP:P27_BUTTON_KEY:O) website. F. Stormwater Management and Diffuse Flow Plan (required by DWR) **A Recent changes to the stormwater rules have required updates to this section .*** 1. Diffuse Flow Plan https://edoes.deq.nc.gov/FormS/PTe-Constriction Notification Form ul li r" I —__ __.AHf1LIULAW11 1VVu1HiatluirrVLIII New Submission Page 10 of 14 1a. Does the project Include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? O Yes ® No For a list of options to meet the diffuse flow requirements, click here (https:/tfiles.nc.gov/ncdegMater%20Quality/Surface%2OWater%2OProtection/401 /Buffer% 20Ciarification%20MemosfOptions%20for%20Meeting%20Diffuse%20FIow%20Provisions%20of% 20the%20Storwmater%20and%20Riparian%20Buffer%20Protection%20Programs.pdf). 2. Stormwater Management Plan 2a. is this a NCDOT project subject to compliance with NCDOrs Individual NPDES permit NCS000250? * OYes ®No Comments: G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federaUstateAocal) funds or the use of public (federal/state) land?* O Yes ® No 2. Violations (DWR Requirement) 2a. is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A HCAC 28.0200)? * OYes 40No https://edocs.deq.nc.gov/Forms/Pre-Construction—Notification Form 11/15/2018 Ne,w Submission Page 11 of 14 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?* O Yes ® No 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* OYes 0No®N/A 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?* O Yes � 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* O Yes 5d. is another Federal agency involved? * O Yes i No 5e. Is this a DOT project located within Division's 1-8? * O Yes 0 No O Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.?* 0Yes allo 5g. Does this project involve bridge maintenance or removal?* O Yes 0 No Link to the NLEB SLOPES document: http://saw-reg.usace.army.miVNLEB/1-30-17-signed NLEB- SLOPES&apps.pdf (http://saw-reg.usace.army.miVNLEB/1-30-17-signed_NLEB-SLOPES&apps.pctf) 5h. Does this project involve the constructioNinstallation of a wind turbine(s)?* OYes ®No https://edocs.deq.nc.gov/Fonns/Pre-Construction Notification Form 11/15/2018 NCw Submission Page 12 of 14 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?* O Yes • No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?* A'i6a+{i/ Consultation Documentation Upload Click the upload button or drag and drop ties here to attach document Upload File type must be PDF 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* O Yes ® No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* S'sfv, -r* limb -d x* -C-Jsk 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/ (http://gis.ncdcr.gov/hpoweb/) 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)?* O Yes ® No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* i eVt'4 iU&/ (tKt�s��iC{�sL f- !p✓c�f Svc_ ' wt1% hr-��� ie.+`rfv� i f�Si -i ko-Ir. Irz7I is ,4- s Biu-.-!¢ https://edocs.deq.nc.gov/Forms/Pre-Construction Notification Form 11/15/2018 Ncw Submission 7c. Historic or Prehistoric information Upload Cidc the upload button or drag and drop files here to attach document Upload File must be PDF 8. Flood Zone Designation (Corps Requirement Link to the FEMA Floodplain Maps: haps://msc.fema.gov/portal/search (https://msc.fema.gov/portaVsearch) 8a. Will this project occur In a FEMA -designated 100 -year floodplain? * 0 Yes O No 8c. What source(s) did you use to make the floodplain determination?* X S ov top s ,r f= LSF Af A j�tivvd My �C✓C91'c' � CP_w r Oje-A Miscellaneous Comments Miscellaneous attachments not previously requested. Cidc the upload button or drag and drop files here to attach document Upload File must be PDF or KMZ Signature Page 13 of 14 https://edms.deq.nc.gov/Fonns/Pre-Construction Notification Form 11/15/2018 0 , Now Submission Page 14 of 14 ® By checking the box and signing below, I certify that: ■ I have given true, accurate, and complete information on this form; ■ 1 agree that submission of this PCN 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 Ad"); ■ I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND ■ 1 intend to electronically sign and submit the PCN form. Full Name:* zs'c' e Signature Sign ate Illa y le Submit Save as Draft https:Hedocs.deq.ne.gov/Forms/Pre-Construction Notification Form 11/15/201§ AGENT AUTHORIZATION LETTER This agreement made and entered into by and between Joe H. Mickey, Jr., (Agent) and A2e-4 ("Owner"). The Owner hereby grants the Agent permission to act as the Owners' agent to obtain all needed permits from all units of government including, but not limited to, the United States Army Corps of Engineers and the State of North Carolina to accomplish a stream bank stabilization project on the Owner's property. The Owner agrees to pay any permit processing fees required for this project to stabilize eroding stream banks on an unnamed tributary to South Fork Mitchell River (known locally as Beaver Creek) on the Owner's property in Surry County, North Carolina. Signed: 9/29/2017 AW It �� Date: (Property 0%%krr's Signature or designate► 918 Devotion Rd. ( Address) Thurmond, K 28683 (Town. state, zip code) 336-382-8082 (Phone number) Joe Mickey. Jr. River Bend Consulting 283 Timberbrook Trail State Road, NC 28676 336-361-2982 jhmfisW- surry.net Agent/date: / Eldridge Streambank Stabilization project on the Mitchell River, Surry County, North Carolina Prepared By Joe Mickey, State Road, North Carolina For Ned Eldridge, 401 East Farris Avenue, High Point North Carolina 27262 November 1, 2018 Introduction Mr. Ned Eldridge proposes to stabilize approximately 100 linear feet (If) of eroding streambank along the Mitchell River with rock toe protection and two small rock vanes to prevent further bank erosion that occurred following Tropical Storm Michael on his property. The project site is located on the Mitchell River, Surry County, North Carolina (Figure 1 and Figure 2). A site visit was conducted on November 22, 2018 by Joe Mickey to determine the type of measures needed to stabilize the eroding streambanks. This plan identifies the stream issues and measures to correct the streambank erosion problem. Surry County is a trout county and the Mitchell River is classified as C -Trout, Outstanding Resource Water by the State of NC. It should be noted that several streambank stabilization projects have been completed in the past on the Mitchell River upstream from this site. Project Description and Methods Bank Stabilization The unprecedented flooding from Tropical Storm Michael caused the failure of the Kapps Mill Dam 0.4 mile upstream from this site. This flooding caused 501f feet of bank failure at one location (Figure 3) and increased bank erosion along 501f at another location (Figure 4) on Mr. Eldridge's property. Where the bank failed a rock toe structure with bank re -shaping (Figure 5) is proposed to restore the bank and prevent future bank erosion. At the other location two short rock vanes (Figure 6) are proposed to stabilize an eroding bank. Natural stream restoration guidelines will be based upon principles developed by Dave Rosgen, 1996. Less than 500 sq. ft. (0.011) of soil will be disturbed during construction. Once the structures are installed, the bank will be re -sloped and seeded and protected with a straw ground cover. Live stakes of silky willow, silky dogwood and elderberry will be installed to provide long term bank stability. Conclusion This streambank stabilization project will impact less than 0.011 acres of stream and streambanks. Once completed, the project will eliminate bank erosion and failure along the Mitchell River on the Eldridge property. Literature Cited: Rosgen, D. L. 1996. Applied river morphology. Printed Media Companies, Minneapolis, Minnesota. � e� n dad I�ai ps,mt am si4 Kapt�s Mill (load ,fir, � ' + � - t ,•��' ✓' ♦ ' f FIGURE 2 Project site topographical and soil maps. FIGURE 3. 50 linear feet of bank failure due to Tropical Storm Michael to be stabilized by rock toe and bank re -shaping. 3 0 14 . �i- FIGURE 3. 50 linear feet of bank failure due to Tropical Storm Michael to be stabilized by rock toe and bank re -shaping. 3 FIGURE 4. Fifty feet of eroding streambank to be protected by two rock vanes. FIGURE 5. Typical rock toe structure showing rock to protect the toe of the bank and bank re -shaping above the rock toe. 4 FIGURE 6. Typical rock vane structure. The rock vane should have a 4% to 12% slope from top of bankfull or inner berm bench to streambed. There should be no gaps between the rocks in the structure. Note: This rock vane is in the Mitchell River approximately 1 mile upstream from the Eldridge project site. Topographical map for Eldridge site on the Mitchell River, Surry County, NC Soil map for Eldridge site on the Mitchell River, Surry County, NC