HomeMy WebLinkAbout20091038 Ver 1_401 Application_20090909Natural Resource
Restoration & Conservation
October 1, 2009
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
ATTN: Jean Manuele, Chief, Raleigh Regulatory Field Office
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SUBJECT: Application for Nationwide 27 Authorization for the Implementation of the
Repair of an Unnamed Tributary to the Deep River, Lee County
Please find enclosed with this letter the following items:
1) Preconstruction Notification (PCN) Form;
2) Rehabilitation plans
3) Jurisdictional Determination Form
4) Check to NCDWQ for $575.00
The purpose of this letter is to provide you with information concerning the proposed repair and
stabilization of an unnamed tributary to the Deep River (Figure 1) located in the River Bend
Estates community in Lee County. This stream was historically impounded by the Carbonton
Dam. When the dam was removed several years ago, a head-cut formed when the impounded
water was returned to the Deep River. The head cut has undermined the banks of the tributary to
result in chronic instability. Restoration Systems, LLC (RS), the permittee of the dam removal
agreed to accept responsibility for the repair of the UT. RS is proposing to undertake grading
activities that will reshape the vertical, unstable embankments, reconstruct the cross-section and
install grade-control structures at several locations in the channel in an attempt to stabilize the
channel reach. You witnessed the condition of the stream during a field inspection on August 4
and John Dorney/Eric Kulz from the NCDWQ visited the site on August 19, 2009.
Axiom Environmental is leading the design efforts. RS will provide implementation quality
control. Following earthwork and installation of log cross vanes, coir matting and live-stakes
will be installed along the new cut/fill slopes. Of course, the final grade will be seeded to control
erosion. Sediment fencing and other devices will be used to intercept run-off upstream of the
Deep River during the construction interval. Less than 1 acre of land will be disturbed therefore
no plan approval is being requested from the NCDLQ.
Approximately 530 linear feet of the degraded stream channel will be impacted by grading
activity, but the resulting work should stabilize and enhance the unnamed tributary well into the
future. No pump around activity will be employed.
Pilot 41111 • 1 1101 Ha4nes [ Suite 211 Raleigh. NC 2_6.0 4 ' = zt ? , ?K- : rzonSt ct n ci-! ' Phorte 919 '5j 9490 • Fax 919 "i7 949 2
Jean Manuele, USACE
October 1, 2009
Page 2
Please authorize the proposed work under Nationwide 27 at your earliest opportunity so work
can proceed forthwith. Thank you for your time and assistance in this regard. Should you have
any questions about the project, please call me at 919-344-9107. Thank you.
Sincerely,
M. Randa Turner
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Enclosures/
cc: Eric Kulz, NCDWQ
John Dorney, NCDWQ
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Site Location %?
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Directions to the Site
From the Town of Sanford
South on US Route 1 5 ls,!
Right on NC Route 42 - 2 miles ' t s I
Left on Steel Bridge Road - 7.4 miles
Turn Right into Dirt Drive - 1 mile ?? .
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Site is in woods 1 mile '
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Source: 1977 North Carolina Atlas and Gazetteer, pp. 60 & 61.
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20 Enterprise St #7 SITE LOCATION Ckd by: WGL FIGURE
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Raleigh. lt393 4 LOFT PROPERTY STREAM STABILIZATION SITE Date:
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Lee County, North Carolina Sept2009
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Axiom Environmental DRAINAGE AREA WQL
Date:
20 Enterpnse St., #7
Raleigh, NC 27607 LOFT PROPERTY STREAM STABILIZATION 7/31/09
(919) 215-1653 Lee County, North Carolina Project:
09-002.01
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Loft Property
Preconstruction Photographs
taken September 2009
Loft Property Stream Stabilization Site Appendices
Preconstruction Photos Restoration Systems, LLC
Loft Property
Preconstruction Photographs
taken September 2009 (continued)
Loft Property Stream Stabilization Site Appendices
Preconstruction Photos Restoration Systems, LLC
8
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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
1 b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1d. 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
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
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: Loft UT Repair
2b. County: Lee
2c. Nearest municipality / town: Carthage
2d. Subdivision name: River Bend Estates
2e. NCDOT only, T.I.P. or state
project no: N/A
3. Owner Information
3a. Name(s) on Recorded Deed: Robert A. Loft, Jr. and Sandra S. Loft
3b. Deed Book and Page No. DB 01016, Page No. 0547
3c. Responsible Party (for LLC if
applicable):
3d. Street address: 319 River Bend Lane
3e. City, state, zip: Sanford, NC 27330
3f. Telephone no.: 910-783-6667
3g. Fax no.: N/A
3h. Email address:
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: M. Randall Turner
4c. Business name
(if applicable): Restoration Systems, LLC
4d. Street address: 1101 Haynes Street
4e. City, state, zip: Raleigh, NC 27604
4f. Telephone no.: 919-755-9490
4g. Fax no.: 919-755-9492
4h. Email address: randy@restorationsystems.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 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): PIN: 8692-58-5671-00
Latitude: 35.285663 Longitude: -
1b. Site coordinates (in decimal degrees): 79.204952
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: 12.6 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Deep River
proposed project:
2b. Water Quality Classification of nearest receiving water: WS-IV HQW
2c. River basin: Cape Fear
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 small, unnamed tributary to the Deep River lies in an undeveloped riparian zone. Sparse residential sites lie within
0.5 mile of the UT.
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:
UT is the only stream on the property other than the Deep River, which forms the property boundary. The UT is
approximately 4,000 feet long.
3d. Explain the purpose of the proposed project:
Restoration Systems is proposing to repair a portion of the UT, which has experienced bank failure following the removal
of the Carbonton Dam. Head cut has undermined portions of the banks within the project limits.
3e. Describe the overall project in detail, including the type of equipment to be used:
Profile and dimension of the existing channel will be modified by changing the bank slopes in vertical sections and adding log
cross vanes at critical cross-section points. Tracked-hoe, dump truck and small dozer will be used to accomplish work.
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: No, but Corps & DWQ has inspected the site.
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: I
Name (if known): I Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
N/A
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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.
The UT was within the impounded reach of the Deep River when the Nationwide 27 was issued for the removal of the
Carbonton Dam.
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
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
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: N/A
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 cut & fill UT to Deep River ® PER
? INT ® Corps
® DWQ 20 530
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 ? DWQ
3h. Total stream and tributary impacts 530
3i. Comments: Impacts are permanent, but will result in only temporary losses; overall lengths will be unchanged
Page 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. 4b. 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: N/A
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments: N/A
5h. Is a dam high hazard permit required?
? Yes ®No if yes, permit ID no:
5i. Expected pond surface area (acres): N/A
5j. Size of pond watershed (acres): N/A
5k. Method of construction: N/A
6. Buffer Impacts (for DWQ)
If project will impact a protected riparia n buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitig ation, 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 impact required?
61 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments: N/A
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.
Avoidance of impacts is not possible if unstable channel reach is to be repaired; design reflects least intrusive impacts in order
to result in stable geo-morphology
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
N/A
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, mitilgation is required by (check all that apply): ? DWQ ? Corps
2c. If yes, ? hich mitigation option will be used for this
project. ? Mitigation bank
? 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: N/A
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: N/A
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.
N/A
Page 7of11
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: N/A. Project is in Cape Fear River Basin
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
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? If no, explain why.
Comments: N/A ? Yes ? No
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: 0 impervious; piedmont
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
N/A
? 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? Lee County
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
apply (check all that apply): ? USMP
? Water Supply Watershed
? Other: N/A
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
4a. Which of the following state-implemented stormwater management programs apply El HQW
? 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 ? 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
letter.) ? Yes ? No
Comments: N/A
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.
N/A
Page 10 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?
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?
USFWS list of species for Lee County and habitat descriptions provided in Federal Register and Recovery Plans. BMPs
will be used to preclude off-site sedimentation to avoid impacts to potential CFS habitat in Deep River
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?
Project located in small tributary in the piedmont.
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?
No structures will be impacted by implementation of stream repair.
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 significant change in elevation of floodplain will result from
project activities.
8c. What source(s) did you use to make the floodplain determination? County GIS Data Layer
M. Randall Turner 10/01/09
ApplicanUAgent's Printed Name App ican gent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 11
PCN Form - Version 1.3 December 10, 2008 Version