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HomeMy WebLinkAbout20180181 Ver 1_PCN Form Submission_20191122DWR Division of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* G Yes r No Change only if needed. BIMS # Assigned 20180181 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office * Central Office - (919) 707-9000 Information for Initial Review 1a. Name of project: Scarborough Mitigation Project 1a. Who is the Primary Contact?* Cara Corder 1b. Primary Contact Email:* cara@v,raterlandsolutions.com Date Submitted 11 /22/2019 Nearest Body of Water Neuse River Basin Neuse Water Classification C, NSW Site Coordinates Latitude: Longitude: 35.320700-77.986659 A. Processing Information County (or Counties) where the project is located: Wayne Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization? * Nationwide Permit (NWP) * Regional General Permit (RGP) 7 Standard (IP) Version#* 1 What amout is owed?* r $240.00 r $570.00 Select Project Reviewer* Mac Haupt:eads\dmhaupt 1c. Primary Contact Phone:* (919)614-5111 V 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit 27 - Restoration le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 Certification: For the record only for Corps Permit: r 401 Water Quality Certification - Express V Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? W Owner r Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Water & Land Solutions LLC 2b. Deed book and page no.: 3427/65 2c. Responsible party: 2d.Address Street Address 7721 Six Forks Road Address Line 2 Suite 130 City Raleigh Fbstal / Zip Code 27615 2e. Telephone Number: (919)614-5111 2g. Email Address:* info@waterlandsolutions.com 2a. Name(s) on recorded deed: Water & Land Solutions, LLC 2b. Deed book and page no.: 3564/54 State/Fr vine/Region NC Country USA 2f. Fax Number: r Yes r No r Yes r No 2c. Responsible party: 2d.Address Street Address 7721 Six Forks Road Address Line 2 Suite 130 City Raleigh Postal / Zip Code 27615 2e. Telephone Number: (919)614-5111 2g. Email Address:* info@waterlandsolutions.com State / Province / Region NC Country USA 2f. Fax Number: C. Project Information and Prior Project History C^U 1. Project Information 1b. Subdivision name: (ff appropriate) 1c. Nearest municipality/ town: Goldsboro 2. Project Identification 2a. Property Identification Number: 3507132313,3507333302 2c. Project Address Street Address Casey Mill Road Address Line 2 city Goldsboro Postal / Zip Code 28333 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Neuse River 3b. Water Resources Classification of nearest receiving water:* Q NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202020103 4. Project Description and History 2b. Property size: 231 State / Province / Fiegion NC Country USA 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:* The majority of the epsting stream reaches and wetland areas have been significantly altered as a result of historic and current agricultural practices on the site including ditching, culverting of the stream, and stream channelization. These practices have altered the hydrology of the site and has allowed unfiltered flowof sediment and excess nutrients from agricultural use. See section 3 of the Mitigation Plan for more detail. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* f Yes r No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Map 2_Topo.pdf 2.73MB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Map 3_NRCS Soil. pdf 2.13MB 4f. List the total estimated acreage of all existing wetlands on the property: 20.52 4g. List the total estimated linear feet of all existing streams on the property: 10,181 4h. Explain the purpose of the proposed project:* The primary purpose of the project is to restore, enhance, preserve and protect approximately 11,342 linear feet of stream and 118.7 acres of wetlands which flowdirectly into the Neuse River approximately 0.4 miles belowthe project site. See section 2 of the attached Mitigation Plan for specific goals and objectives intended to improve aquatic resource functions. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The proposed stream restoration, enhancement, and preservation activities will be conducted on 8 stream reaches in the project area which are unnamed tributaries to the Neuse River. Activities will consist of filling the impaired/channelized portions of existing streams and restoring natural floodplain connections within reaches. Further work to fill non -jurisdictional agricultural ditches on the site will enhance and re-establish approximately 118 acres of wetlands on the site. Work will be conducted using track hoe excavators, dump trucks, tractors with disk harrow or rippers, and other equipment typically used in restoration projects for channel construction, minor floodplain grading and in -stream structure installation. See Mitigation Plan for proposed restoration practices and design approaches for each of the 8 stream reaches as well as common construction elements. 4j. Please upload project drawings for the proposed project. SCARBOROUGH_FINAL MIT PLAN _11-22-19.pdf 16.57MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No r Unknown Comments: PJD to be provided with mitigation bank approval 5b. If the Corps made a jurisdictional determination, what type of determination was made? r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW-2017-02527 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): George Lankford Agency/Consultant Company: George K. Lankford LLC Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR JD submitted March 2019, site visit April 2019, revised JD submitted June 2019, and revised jurisdictional waters and table provided to Sam Dailey in November per draft mitigation plan comments. 5d1. Jurisdictional determination upload Final Scarborough PJD Package 111519.pdf 9.78MB 6. Future Project Plans 6a. Is this a phased project?* r Yes r 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 projector related activity? D. Proposed Impacts Inventory C^U 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): 17 Wetlands W Streams -tributaries r Buffers W Open Waters r Pond Construction 2. Wetland Impacts W1 W4 2a1 Reason (?) Restoration Restoration 2b. Impact type * (?) P P 2c. Type of W.* Headwater Forest Headwater Forest 2d. W. name * W1 W4a 2e. Forested * No ��Corps 2f. Type of Jurisdicition*(?) Corps ]0.990 2g. Impact area* 0.340 (acres) (acres) W5 Restoration P Headwater Forest W5 Yes Corps 0.100 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 1.570 2h. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 1.570 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name* 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact ❑ (?) Jurisdiction* length* S1 Restoration Permanent Excavation Ur1-R1 Intermittent Corps P 4 2,808 Average (feet) (linearfeet) $2 Restoration Permanent Relocation Ur1-R2 Perennial Corps 10 1,450 Average (feet) (linearfeet) S3 Restoration Permanent Relocation Ur1-R3 Perennial Corps 13 1,176 Average (feet) (linearfeet) Restoration Permanent Excavation Ur1A Intermittent Corps 237 Average (feet) (linearfeet) S5 Restoration Permanent Excavation Ur113 Intermittent Corps P 5 1,261 Average (feet) (linearfeet) S6 Restoration Permanent Bank Stabilization F(upper) Perennial Corps 7 590 Average (feet) (linearfeet) S7 Restoration Permanent Relocation (lover) Ur2 lower Perennial Corps P 7 1,662 Average (feet) (lin�rfeet) S8 Restoration Permanent Relocation Uri Intermittent Corps P 4 997 Average (feet) (lines feet) 3i. Total jurisdictional ditch impact in square feet: 31. Total permanent stream impacts: 10,181 31. Total stream and ditch impacts: 1830 3j. Comments: 4. Open Water Impacts 3i. Total temporary stream impacts: 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type �114e. Waterbody type 4f. Impact area 10 Fill/Restoration P Neuse Fill Ditch 0.42 �18 Fill/Restoration P Neuse Fill Ditch 0.07 Fill/Restoration P %use Fill Ditch 0.01 11 Fill/Restoration P %use Fill Ditch 0.06 12 Fill/Restoration P %use Fill Ditch OF27 13 Fill/Restoration P Neuse Fill Ditch 0.33 14 Fill/Restoration P Neuse Fill Ditch 0.32 15 Fill/Restoration P Neuse Fill Ditch 0.52 16 Fill/Restoration P Neuse Fill Ditch 0.23 17 Fill/Restoration P Neuse Fill Ditch 0.17 18 Fill/Restoration P %use Fill Ditch 0.73 19 Fill/Restoration P Neuse Fill Ditch 0.39 20 Fill/Restoration P %use Fill Ditch 0.19 22 Fill/Restoration P Neuse Fill Ditch 0.28 23 Fill/Restoration P Neuse Fill Ditch 0.32 24 Fill/Restoration P %use Fill Ditch 0.18 25 Fill/Restoration P Neuse Fill Ditch 0.02 26 Fill/Restoration P %use Fill Ditch 0.08 27 Fill/Restoration P %use Fill Ditch 1.15 4g. Total temporary open water Impacts: 0.00 4g. Total open water impacts: 5.74 4h. Comments: 4g. Total permanent open water impacts: 5.74 E. Impact Justification and Mitigation ,�; 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Proposed stream and wetland impacts and mitigation approaches are necessary to restore 9,591 LF of stream, enhance 590 LF of stream, preserve 3.33 acres of wetland, enhance 7.92 acres of wetlands, and restore 107.4 acres of wetlands all which flow directly to the Neuse River system. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Sedimentation and Erosion Control measures will be implemented during the construction phase per the NCDEMLR - Land Quality S&EC Planning and Design Manual and approved permit conditions. The stream restoration work will involve filling the old degraded channel and constructing stable design channels. The contractor will work outside the degraded stream banks and only enter the channel from specific locations designated on the plans to minimize buffer disturbances. A pump-around/dewatering operation will be utilized to minimize sediment entering downstream. 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? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: This project is a stream and wetland mitigation project. F. Stormwater Management and Diffuse Flow Plan (required by DWR) u 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No What type of SCM are you providing? r Level Spreader r Vegetated Conveyance (lower SHWT) r Wetland Swale (higher SMNT) r Other SCM that removes minimum 30 % nitrogen W Proposed project will not create concentrated stormwater flow through the buffer Diffuse Flow Documentation 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* (' Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)? r Yes ( No Comments: G. Supplementary Information u 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 21-1.0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. The parcels involved in this stream and wetland restoration project will be put into a conservation easement restricting development in perpetuity. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r No r 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?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* r Yes r No 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No r Unknown Si. 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.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS and NC Natural Heritage Program Database. Contacted/public notice during prospectus stage of project regarding protected species. Four (4) species are listed as Endangered (E) or Threatened (T) for Wayne County, North Carolina, Redcockaded woodpecker (Picoides borealis), Dwarf wedgemussel (Alasmidonta heterodon), Tar River spinymussel (Parvaspina steinstansana), and the Yellow lance (Elliptio lanceolata). Project implementation is not anticipated to have any negative impact on these species. Consultation Documentation Upload 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NCWRC and USFWS websites. 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?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC Office of Archives and History website and the NRIS database was searched. The project area and property do not contain nor are adjacent to any properties listed by the National Register of Historic Places or the N.C. State Historic Preservation Office (NCSHPO). However, SHPO has made us aware of a potential site on property, but no earthwork is proposed in this area. 7c. Historic or Prehistoric Information Upload Scarborough Initial Evaluation Letter 031119.pdf 225.31 KB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year flood plain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: A majority of the project is located in the Neuse River floodway, FEMA Zone "AE". The topography of the site and the design of the restoration project is not anticipated to create potential hydrologic trespass. The applicant will coordinate with the local floodplain administrator to determine if any additional information is required such as a "No -Rise Certification." 8c. What source(s) did you use to make the floodplain determination?* North Carolina Floodmaps / Floodplain Mapping Information System and FIRM Panels 37202597001</3720350600J Miscellaneous L• Comments Attached are the project location map, existing hydrography maps, wetland impacts map, ditch impacts map, agent authorization forms, final mitigation plan, and WLS's response letter to the draft mitigation plan comments. Miscellaneous attachments not previously requested. Sleepy Creek landowner form.pdf 214.53KB Agent Form.pdf 172.12KB Map 1_Project Location.pdf 2.61MB Map 4_Existing Hydrography.pdf 2.51 MB Map 5_Wetland Impacts.pdf 2.46MB Map 14_Ditches.pdf 2.38MB Scarborough_MP_FINAL 112219.pdf 131.25MB Scarborough_MP_FINAL_IRT Response Letter.pdf 368.14KB Signature W By checking the box and signing below, I certify that: • I have given true, accurate, and complete information on this form; • I 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 Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Kyle Obermiller Signature Date 11 /22/2019 AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: DEED PG, 658 DEED BOOK 31S6 PARCEL M: 3507039221 STREET ADDRESS: 2157 Pecan Road, Goldsboro, NC Property Owner: Scarborough Heirs Farms of Wayne County LLC J WATER & LAND SOLUTIONS 11030 Raven Ridge Rd Suite 119 Raleigh, NC 27614 waterlandsolufions.com 919-614-5111 The undersigned, registered property owners of the above noted property, do hereby authorize Adam McIntyre, CEO r of. Water & Land Solutions. LLC to review nay property and to act on my behalf to take all actions necessary for the processing, issuance and acceptance of necessary permits and/or certifications and any and all standard and special conditions attached. This authorization allows the individual to represent on my behalf to the necessary Government agency personnel for the proposed property. Property Owner's Address (if different than property above): Telephone: (252)468-1688 _^ We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. 0 Authorizedd Signature Authorized Signature Date: �/Z a gf2 Z -7 Date: 4 WATER & LAND SOLUTIONS 7721 Six Forks Rd AGENT AUTHORIZATION FORM Suite 130 Raleigh, NC 27615 waterlandsolutions.com 919-614-5111 PROPERTY LEGAL DESCRIPTION: DEED BOOK: 3 0 z Q PAGE: 3 8/ PARCEL ID: �O 3 Z 71 O STREET ADDRESS: 4., O /" C- —7W cill S u, Zo g7- / `79 ; A,�,��iy�-moo/✓ Please Print: Property Owner: Property Owner: The undersigned, registered property owners of the above noted property, do hereby authorize Adam V. McIntyre of Water and Land Solutions. LLC (Contractor / Agent) (Name of consulting firm) to review my property and to act on my behalf to take all actions necessary for the processing, issuance and acceptance of necessary permits and/or certifications and any and all standard and special conditions attached. This authorization allows the individual to represent on my behalf to the necessary Government agency personnel for the proposed property. Propellty Ow'sAddress (idiff�rethaG r p� ty a� G .� rF,B ✓� .j 61 age /✓. C' - �.. � .fire..... Telephone: 9 ' 1 2— 2 i. We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. prized Sign Authorized Signature Date: �_ l� Date: Legend Project Location O NC Cities Wayne Co. Hydrography Proposed Conservation Easement Wayne Co. Parcels HUC-12 NC Counties HUC-8 (Neuse) Wayne County 0 50 100 oMiles Project is located in HUC-8:03020202 Neuse Subbasin Location: 35.32110000' -77.98972222' U, 0 2.5 5 !LEMiles 6 sboro Wayne County 0 N Sources: Esri, HERE; Garmin, USGS' In'termap, IN6REME-NT P; NR/,\ jiiiili;;L� ,250 2,500 ' i , v Esri Japan ETI, Esri�hina (H0ng'Kong), Esri`"rea; Esri (Thailar Feet NGCC, (c) OpenStreetM'ap co'ntnbutors, and the GIS User Gom um nIty WATER & LAND" Scarborough Project Location FIGURE SOLUTIONS Mitigation Project Map NAD 1983 2011 State Plane North Carolina FIPS 3200 FT US Legend Sew\1' QProposed Conservation Easement �DispoExisting Stream lall Flowlines Catchment 55 acres 71 acres O C 75 acres 86 acres 176 acres C529 acres 0 604 acres 'r 0 625 1,250 2,500 Feet =b — _` —Copyri V@ 2013 N tiorn kdeographic So -iety, i,'--cubed '"" WATER & LAND Scarborough USGS Topographic FIGURE SOLUTIONS Mitigation Project Map 2 NAD 1983 2011 State Plane North Carolina FIPS 3200 FT US Legend Q Proposed Conservation Easement — Existing Stream Ditches Hydric Soils (LSS Determined): Hydroperiod 9-12% Hydric Soils (LSS Determined): Hydroperiod 12-16% Unverified Jurisdictional Wetlands } O 0 O . 00 Q O UT1-R3 UT1B D8 i Des UT3 D17 LO AIR UT1-R1 t o UT1-R2 F. /WATER &LAND" J SOLUTIONS LJ I Scarborough Mitigation Project Existing Hydrography Map4 FIGURE NAD 1983 2011 State Plane North Carolina FIPS 3200 FT I 0 356 700 1,400 Fe WATER & LA N D" SOLUTIONS Scarborough Mitigation Project Legend Q Proposed Conservation Easement Wetland Impacts — Proposed Streams Unverified Jurisdictional Wetlands '•106« �M , E- h r Geo gr phi s, CNEaS/Airbu's,� I I PA IGN, th GI"Si Us ca mu N Wetland Impacts FIGURE Map NAD 1983 2011 State Plane firth Carolina FIPS 3200 FT US