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Home My WebLink About20160366 Ver 1_401 Application_20170323ROY COOPER Governor Environmental Quality March 21, 2017 Karen Higgins, 401 & Buffer Permitting Unit Supervisor Division of Water Resources 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699 - 1617 Re: Permit Application- Martin Dairy Mitigation Project, Orange County (DMS Full Delivery Project) Dear Ms. Higgins: Attached for your review is 404/401 permit application package for the subject project. Another copy has been sent to the Raleigh Regional Office for review. A memo for the permit application fee is also included in the package. Please feel free to contact me with any questions regarding this plan (919-707-8319). Thank you very much for your assistance. Sincerely Lin Xu Attachment: 404/401 Permit Application Package Final Mitigation Plan Permit Application Fee Memo CD containing all electronic files State of North Carolina i Environmental Quality 217 West Jones Street 1 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919 707 8600 ROB` COOPER Governor Environmental Quality March 21, 2017 Danny Smith, Regional Supervisor, Water Quality Regional Operations Section NC DEQ Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 Re: Permit Application- Martin Dairy Mitigation Project, Orange County (DMS Full Delivery Project) Dear Mr. Smith: Attached for your review is 404/401 permit application package for the subject project. Please feel free to contact me with any questions regarding this plan (919-707-8319). Thank you very much for your assistance. Sincerely /_ Lin Xu Attachment: 404/401 Permit Application Package Final Mitigation Plan State of North Carolina I Environmental Quality 217 West Jones Street 1 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919 707 8600 Environmental Quality MEMORANDUM: TO: FROM: SUBJECT: DATE: Sharon Jones Lin Xu LX Payment of Permit Fee 401 Permit Application March 21, 2017 ROY COOPER Governor The Division of Mitigation Services (DMS) is implementing a mitigation project for Martin Dairy Mitigation Project in Orange County (DMS IMS # 97087). The activities associated with this restoration project involve stream restoration related temporary stream impact. To conduct these activities, the DMS must submit a Pre -construction Notification (PCN) Form to the Division of Water Resources (DWR) for review and approval. The DWR assesses a fee of $570.00 for this review. Please transfer $570.00 from DMS Fund # 2981, Account # 535120 to DWR as payment for this review. If you have any questions concerning this matter I can be reached at 919-707-8319. Thanks for your assistance. cc: Karen Higgins, DWR State of North Carolina I Environmental Quality 217 West Jones Street 1 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919 707 8600 U�G4> '04 ArA � 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 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. 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 N 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 N No For the record only for Corps Permit: ❑ Yes N No 1 f. 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 N No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes N No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes N No 2. Project Information 2a. Name of project: Martin Dairy Mitigation Site 2b. County: Orange 2c. Nearest municipality / town: Hillsborough, 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: Martin, Ted H. & Ruby; 3b. Deed Book and Page No. DB 4973 PN 348 & 341, 3c. Responsible Party (for LLC if applicable): NCDENR - North Carolina Division of Mitigation Services Contact: Tim Baumgartner, Deputy Director DMS 3d. Street address: 217 West Jones Street, Suite 3000A 3e. City, state, zip: Raleigh, NC 27603 3f. Telephone no.: 919-707-8543 3g. Fax no.: 919-707-8976 3h. Email address: Tim.Baumgartner@ncdenr.gov Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is.: Ll Agent Other, specify: 4b. Name: Tim Baumgartner 4c. Business name (if applicable): NCDENR — Division of Mitigation Services 4d. Street address: 217 W. Jones St, Suite 3000A 4e. City, state; zip: Raleigh; NC 27603 4f. Telephone no.: 919-707-8543 4g. Fax no.: 919-707-8976 4h. Email address: Tim. Baumgartner@ncdenr.gov 5. Agent/Consultant Information (if applicable) 5a. Name: Win Taylor 5b. Business name (if applicable). Wildlands Engineering, Inc. 5c. Street address: 497 Bramson Court, Suite 104 5d. City, state, zip! Mt. Pleasant, SC 29464 5e. Telephone no.: 843-277-6221 5f. Fax no.: 843-212-2101 5g. Email address: wtaylor@wildlandseng.com Page 2 of 12 B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): PIN# 9896830483, 9896839111 1b. Site coordinates (in decimal degrees): Latitude: 36.123353' N Longitude: 79.003978' W 1 c. Property size: Final protected easement acreage will be 11.14 Acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Buckwater Creek proposed project: 2b. Water Quality Classification of nearest receiving water: Class WS-IV; 2c. River basin: Neuse: 03020201 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 project area is located within a rural watershed of Orange County, NC. Martin Dairy and UT1 have been impacted by straightening, past agricultural activities, and historic livestock grazing. The streams run through historic pasture and have a history of straightening and ditching. While the streams within the project site are not named/ Wildlands assigned the names Martin Dairy Creek and Unnamed Tributary 1 (UT1) to facilitate labeling and communication in the mitigation plan and for the life of the project. 3b. List the total estimated acreage of all existing wetlands on the property. - The project site includes four jurisdictional wetlands, approximately 2.85 acre in size. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 1,814 linear feet of 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 Martin Dairy Creek and UT1 through restoration activities and riparian buffer re -vegetation. 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 / ®Yes ❑ 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): Win Taylor— Wildlands Engineering Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation_ A Request for Jurisdictional Determination was approved by Samantha Dailey of the USACE on December 9, 2016. A copy of the approved Jurisdictional Determination is included in Appendix 5 (Action Id. SAW-2016-00874). S. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ® No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 3 of 12 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): X VJetlands 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 r:umber — Type of impact Type of wetland Forested (Corps - 4047 10 Area of impact Permanent (P) or (if known) DWQ — non-404, other) (acres) Terr ora (T) W1- Wetland A Floodplain Seep ❑ Yes Corps 0.007 [-IP Z T Grading ;� No DWQ Excavation — N✓V2-Wetland A construction of Seep El Yes Corps 0.003 Z, P ❑ T restored stream ® No ® DWQ channel 0.197 W3- Wetland B Floodplain ❑ Yes IZI Corps ❑ P iZ T Grading Z No 1Z DWQ Excavation — W4- Wetland B construction of Seep ❑ Yes ® Corps 0.184 ® P ❑ T restored stream ® No ® DWQ channel ✓V5- Wetland C Floodplain See p El Yes Z Corps 0.355 ❑ P kZ T %trading Excavation — El No Z DWQ _ bV6- Wetland C construction of Seep ❑ Yes Z Corps 0.226 � P ❑ restored stream �i No ® DWQ channel W7- Wetland D Gravel Drive Seep ❑ Yes ZCorps 0.014 ® P El Creation ---ZNo Z DWQ 2g. Total wetland impacts 0.986 2h. Comments: Permanent impacts to wetlands areas were avoided to the extent possible during the design phase. Permanent impacts will occur where excavation is necessary to construct restored channels. Permanent impacts will total 0.427 acres which represents approximately 15% of the site's existing wetlands. Temporary impacts include floodplain grading to restore floodplains to historic elevations resulting in floodplain connectivity. On site wetlands are significantly degraded and the project will result in an overall net uplift in wetland function. Furthermore, the enhanced wetlands will be protected by a permanent conservation easement. 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 I number - (PER) or (Corps - 404, 10 stream length i Permanent (P) or intermittent DWQ — non-404, width (linear Temporary (T) (INT)? other) (feet) feet) F PER Z Corps S1 ❑ P Z T Restoration i Martin Dairy Creek I ® DWQ 8.6-14 i 1,676 S2 ❑ P T Restoration UT! to Martin Dairy Creek Q PER ❑1 INT Corps DWQ 5.7 138 3h. Total stream and tributary impacts i 1,814 Page 4 of 12 3i. Comments: Impacts to on -site streams include restoration activities and will result in a net gain of 321 linear feet of perennial stream channel and will promote ecological uplift to the degraded aquatic and riparian resources at the Site. 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. Open water impact number— Permanent (P) or —Temporary 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 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond' 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) 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 5 of 12 6. Buffer Impacts (for DWQ) i If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse ❑Tgr-Pamlico ❑Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone i impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary (T) impact required? 81 ❑P❑T El Yes ❑ No a FI Yes B2 ❑P❑T El No ❑ Yes B3 j❑P❑T i ❑No i 6h. Total buffer impacts 6i. Comments: Page 6 of 12 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The project constitutes a positive impact, restoring stream function and habitat by improving bed features in the streams and establishing flood storage. Wetland and buffer habitat will also be enhanced through replanting of native 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 ❑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 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 ❑ Yes ® No buffer mitigation? 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. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (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 8 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. Comments: The project is located in the Neuse River Watershed (HUC 03020201) ❑ Yes ❑ No which isn't included with the NC Riparian Buffer Protection Rules. 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 4a. Which of the following state -implemented stormwater management programs apply ❑ 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 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 N1 Yes C 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.) IX Yes ❑ No Comments: The approved Categorical Exclusion is attached in Appendix 7 of the mitigation plan. i 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)7 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 vioiation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in, ❑Yes ®No j 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 and enhancement 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 10 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 U.S. Fish and Wildlife Service (USFWS) and North Carolina Natural Heritage Program (NHP) databases in order to identify federally listed Threatened and Endangered plant and animal species for Orange County, NC. There are 11 federally endangered or threatened species listed for Orange County including: the bald eagle (Haliaeetus leucocephalus), dwarf wedgemussel (Alasmidonta heterodon), triangle floater (Alasmidonta undulata), brook floater (Alasmidonta varicose), atlantic pigtoe (Fusconaia mason), yellow lampmussel (Lampsilis cariosa), green floater (Lasmigona subviridis), savannah lilliput (Toxolasma pullus), carolina creekshell (Villosa vauganiana), smooth coneflower (Echinacea laevigata), and the michaux's sumac (Rhus michauxii). Review and comment from the USFWS was requested on potential project impacts to threatened and endangered species. The USFWS commented that "the subject project is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated habitat, or species currently proposed for listing." Correspondence with the USFWS is included in Appendix 6 of the mitigation plan. 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? The NC Wildlife Resource Commission (NCWRC) was contacted for comment related to fish and wildlife issues associated with the proposed stream mitigation project. The NCWRC responded on 5i5116 and didn't anticipate the project to result in significant adverse impacts to aquatic or terrestrial wildlife resources (see correspondence in Appendix 6 of the mitigation plan). 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 (see correspondence in Appendix 6 of the mitigation plan). 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: Martin Dairy Creek and UT1 are not mapped within a FEMA Special Flood Hazard Area (SFHA). There are no hydrologic trespass concerns or risks associated with the proposed project activities. The NC DMS Floodplain Requirements Checklist is included in Appendix 7 of the mitigation plan. 8c. What source(s) did you use to make the floodplain determination? FIRM Panel 9896 Page 11 of 12 Tim Baumgartner �` / Date -� Director, NCDENT R - DNIS Applicant/Agent's Printed Name ApplicantAgent's Signature / (Agent's s4yra Ljre is •vaVd only `tf an authorization ietter'rom the appl�lcar; is provlded.i Page 12 of 12