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HomeMy WebLinkAbout20200283 Ver 1_PCN Form Submission_20200220DWR mrlslon 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?* C Yes r No Change only if needed. BIMS # Assigned * Version#* 20200283 1 Is a payment required for this project?* r No payment required What amout is owed?* r Fee received IT $240.00 r Fee needed - send electronic notification r $570.00 Reviewing Office * Winston-Salem Regional Office - (336) 776- Select Project Reviewer* 9800 Sue Homewood:eads\slhomewood Information for Initial Review 1a. Name of project: Longhorn Riparian Buffer Mitigation Project 1a. Who is the Primary Contact?* Kim Williams - Land Management Group 1b. Primary Contact Email:* kWillams@lmgroup.net Date Submitted 2/20/2020 Nearest Body of Water Bob Branch Basin Cape Fear Water Classification WS-IV Site Coordinates 1c. Primary Contact Phone:* (910)452-0001 Latitude: Longitude: 35.842449 -79.883029 A. Processing Information County (or Counties) where the project is located: Randolph 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? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 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 03 - Maintenance 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 - E)press r 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? r Owner W 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: Christopher and Nicole Redding 2b. Deed book and page no.: 2c. Responsible party: Christopher and Nicole Redding 2d.Address Street Address 2546 Marlboro Church Road Address tine 2 City Sofia Postal / Zip Code 27350 2e. Telephone Number: (336)963-4090 2g. Email Address:* reddingfarm@yahoo.com 3. Applicant Information (if different from owner) 3a. Name: Kevin Yates State / Province / Region NC Country USA 2f. Fax Number: r Yes r No r Yes r No 3b. Business Name: Clearwater Mitigation Solutions 3c.Address Street Address 604 Macon Place Address Line 2 CKY Raleigh Postal / Zip Code 27609 3d. Telephone Number: (919)624-6901 3f. Email Address:* clearwatermitigation@gmail.com 4. Agent/Consultant (if applicable) 4a. Name: Kim Williams 4b. Business Name: Land Management Group 4c.Address Street Address 3805 Wrightsville Avenue; Suite 15 Address Une 2 City Wilmington Postal / Zip Code 28403 4d. Telephone Number: (910)452-0001 4f. Email Address:* kWiliams@lmgroup.net Agent Authorization Letter* Chris & Nicole Redding - Land owner auth.pdf State / Province / Rk�gion NC Country USA 3e. Fax Number: State / Rmince / Region NC Country USA 4e. Fax Number: (910)452-0060 215.16KB C. Project Information and Prior Project History C^U 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town: Sofia 2. Project Identification 2a. Property Identification Number: 7736817705;7736822634 2c. Project Address Street Address 2546 Marlboro Church Road Address Line 2 CtY Sofia Postal / Zip Cote 27350 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Bob Branch 2b. Property size: 45.18 State / Province / Region NC Country USA 3b. Water Resources Classification of nearest receiving water:* WS-N 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300030106 4. Project Description and History 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 site is an actively managed cattle pasture with fields extending to the tops of bank of an existing pond and the east side of a stream. Adjacent land use is mostly agricultural fields with some undeveloped and forested areas and scattered residences. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r 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) Figure 3_Topo Map.pdf 434.35KB 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) Figure 5_Soils Map.pdf 349.59KB 4f. List the total estimated acreage of all existing wetlands on the property: - 0.25 4g. List the total estimated linear feet of all existing streams on the property: - 625 4h. Explain the purpose of the proposed project:* The purpose of the project is to restore a vegetated riparian buffer adjacent to a cattle pond and stream for NC Division of Mitigation Services. The stream impact is needed to maintain an existing spillway that is suffering from erosion. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The current pond outlet discharges into a 3-ft wide by 3-ft deep (1:1) bare earthen channel, which has led to scouring and downcutting of the spillway channel over time. We plan to perform maintenance of the spillway by replacing the existing 12" corrugated plastic discharge pipe coming from the pond with one 12" HDPE low -flow pipe and two 15' HDPE high -flow pipes, which will discharge into a new outlet dissipater. The side slopes of the existing channel will be re -contoured to create a 3:1 slope on each side, with a 4-ft wide bottom width. Geotextile fabric will be installed along the channel bottom and side slopes, then lined with approximately 22" of Class I rip -rap to provide long-term stability, reduce downstream sedimentation and turbidity. The proposed work will result in 84 LF of channel impacts (see attached EC drawings). 4j. Please upload project drawings for the proposed project. 2020-02-12 Longhorn Mitigation -EC Plan.pdf 12.2MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No O Unknown Comments: 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: The USACE has not verified the wetland delineation. Sue Homewood with NC DWR performed a stream determination on June 19, 2019. 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Wes Fryar Agency/Consultant Company: Land Management Group Other: 5d1. Jurisdictional determination upload Stream Determination Letter_ Combined with Figure.pdf 1.83MB 6. Future Project Plans 6a. Is this a phased project?* r Yes f• 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? No D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): r Wetlands W Streams -tributaries r Open Waters r Pond Construction 3. Stream Impacts r Buffers 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact * 3d. S. name * 3e. Stream Type* [J.riscliction* f. Type ofwidth * 3h. Impact :1 (?) length* Maintain wasting spill Permanent Stabilization Ur of Bob Branch Intermittent Both 2 84 fl 9 P Y Average (feet) (linearfeet) 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 84 31. Total stream and ditch impacts: 84 3j. Comments: 31. Total temporary stream impacts: 0 E. Impact Justification and Mitigation U 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The maintenance area is confined to the epsting spillway area. Proposed stabilization will reduce the amount of sediment flowing into the stream. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The maintenance area is confined to the ebsting spillway area. A sedimentation and erosion control plan will be obtained for the project. 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: Impacts are less than 150 LF. F. Stormwater Management and Diffuse Flow Plan (required by DWR) � I 1. Diffuse Flow Plan 1a. 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?* r^ Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r' No Comments: G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 1b. 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 (North Carolina) Environmental Policy Act (NEPA/SEPA)?* r Yes r No Comments:* Project is a NC DMS mitigation site. A categorical exclusion was prepared for the project. 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 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 project is a riparian buffer restoration project. It will not provide access or utilities to adjacent properties. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* C Yes r No C NIA 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 What Federal Agency is involved? Federal Highway Administration 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? LMG evaluated the site's potential to support federally listed threatened or endangered species as identified using the USFWS IPaC system. A search of the North Carolina Natural Heritage Program database was also conducted to identify areas within or around the site that are already known to support rare species. According to their files, no federally or state -protected species are known to occur within the site. One record of a federally listed plant (Schweinitts sunflower; listed as Endangered) has previously been identified within a one -mile radius of the site. LMG staff performed a site evaluation to identify community types within the site that may support federally protected species. The site is currently managed for cattle pasture and site hydrology has been historically altered via the impoundment of waters. It is LMG's opinion that the proposed mitigation work would have no effect on any federally listed plant or animal species. LMG submitted a self -certification package to the USFWS back in September of 2019. Consultation Documentation Upload Longhorn USFWS Project Review Package.pdf 2.78MB 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?* NOAA EFH Mapper 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?* The HPOWeb website was reviewed. No cultural or historic resources are known to occur on or near the project site. 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Map Service Center website was reviewed 'Miscellaneous Comments Miscellaneous attachments not previously requested. Longhorn Vicinity.pdf 1.94MB Longhorn-Mit Plan rev.pdf 1.36MB Signature U * 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: Kimberlee C Williams Signature c�rord�rlrn t���orc Date 2/20/2020 'LANDOWNER AUTHORIZATION FORM PROPERTY LEGAL DESCRITION: Deed Book: 1853 Page: 2356 County: Randolph Parcel ID Number: 7736822634 Street Address: Property Owner (please print: Christopher A. Redding Property Owner (please print): The undersigned, registered property owner(s) of the above property, do hereby authorize (Contractor/Agent/Project Manager)' of Clearwater Mitigation Solutions (Name of Contractor/Agent Firm/Agency)2 to take all actions necessary for the evaluation of the property as a potential stream, wetland and/or riparian buffer mitigation project, including conducting stream and/or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certillcation(s). I agree to allow regulatory agencies, including the US Army Corps of Engineers, to visit the property as part of these environmental reviews. Property Owners(s) Address: IS9(e A0,11bo fa 6) rZA1 swke,, AA— 7_73 S 0 (if different from above) Property Owner Telephone Number: 3 3 (0- 9(D 3` li U 10 Property Owner Telephone Number: Yo - N -7- (_p3 (P (O We hereby certify the above information to be true and accurate to the best of our knowledge. (Property Owner Authorized Signature) (Property Owner Authorized (Date) (Date) 'Name of full delivery staff member (full -deliveries) or ❑MS project manager (design -bid -build). 2Name of company (full -deliveries) or DMS (design -bid -build). Longhorn Riparian Buffer Mitigation Site Randolph County, NC LMG19.249 Figure 1 Vicinity Map 0 1 20.5 Miles¯L:\WETLANDS\2018 WETLANDS FILES\LMG19.249 --- Longhorn Riparian Buffer Mitigation/CE Boundaries are approximate and not meant to be absolute.Map Source: DeLorme 2012 Atlas & Gazeteer SITE Longhorn Riparian Buffer Mitigation SiteCataloging Unit 03030003Randolph County, NCMap Date: 01-07-19LMG # 40-18-457 Figure 3Topographic Map 0 400 800200Feet¯L:\WETLANDS\2018 WETLANDS FILES\LMG18.457 --- Randleman DMSBuffer Site, Kevin Yates\MapsBoundaries are approximate and not meant to be absolute. Legend Parcel Boundary: ~45.33 Acres Longhorn Conservation Easement: ~19.45 Acres Bob Branch Map Source: USGS Glenola Quadrangle 7.5 Minute SITE Esri, HERE, Garmin, (c) OpenStreetMap contributors Longhorn Riparian Buffer Mitigation SiteCataloging Unit 03030003Randolph County, NCMap Date: 01-07-19LMG # 40-18-457 Figure 5Soils Map 0 700 1,400350Feet¯L:\WETLANDS\2018 WETLANDS FILES\LMG18.457 --- Randleman DMS Buffer Site, Kevin Yates\MapsBoundaries are approximate and not meant to be absolute.Map Source: NRCS Randolph County Soil Survey, 2006 SITE LegendCmA: Chewacla and Wehadkee soils, 0-2% slopes, frequently floodedCnB2: Coronaca clay loam, 2-8% slopes, moderately erodedCnC2: Coronaca clay loam, 8-15% slopes, moderately erodedHeB: Helena sandy loam, 2-6% slopesHeC: Helena sandy loam, 6-10% slopesMaC: Mecklenburg loam, 8-15% slopesMeB2: Mecklenburg clay loam, 2-8% slopes, moderately erodedMeC2: Mecklenburg clay loam, 8-15% slopes, moderately erodedWtB: Wynott-Enon complex, 2-8% slopesWtC: Wynott-Enon complex, 8-15% slopesWvB2: Wynott-Enon complex, 2-8% slopes, moderately erodedWvC2: Wynott-Enon complex, 8-15% slopes, moderately erodedWzB: Wynott-Wilkes-Poindexter complex, 2-8% slopes Longhorn Conservation Easement L:\WETLANDS\2018 WETLANDS FILES\LMG18.457 --- Randleman DMS Buffer Site, Kevin Yates\CAD\Longhorn.dwgLEGENDParcel Boundary(~45.18 ac.)Top Of Bank (Stream)(~0.04 ac.)Conservation Easement(~14.24 ac.)Buffer Restoration - Stream (0 ft - 100 ft)(6.10 ac. = 265,679.720 BMU)Buffer Enhancement (Cattle Exclusion)(0.24 ac. = 5,233.465 BMUBuffer Restoration - Stream (101 ft - 200 ft)(6.60 ac. = 94,825.632 BMU)Conservation Area (0.82 ac. = No credits)Buffer Enhancement(0.41 ac. = 8,882.170 BMU)TOTAL CREDITS (13.35 ac = 374,620.987 BMU)NOTES:1.TAX PARCEL BOUNDARIES AND 2018 AERIAL FROM NCONEMAP.2.BOUNDARIES ARE APPROXIMATE AND NOT MEANT TO BE ABSOLUTE.Project:Title:Mitigation Plan LayoutGSFDrawn By:Date:Scale:1"=300'June 20198Job Number:Figure:Revision Date:LMG18.457N/ALonghorn Riparian BufferMitigation SiteCatalog Unit 030300036003000150HeadwaterWetland Area(Herbaceous)A1P1Stream Start35.842449°79.883372°Temporary Construction AccessTemporary Construction AccessTemporaryStaging AreaTemp Construction Access Temp Staging AreasTemporary Staging AreasTempStagingArea ROY COOPER Governor MICHAEL S. REGAL Secretary LINDA CULPEPPER rhrector Kevin Yates Clearwater Mitigation Solutions 604 Macon Place Raleigh, NC 27609 NORTH CAROLINA Environmental Quality July 24, 2019 Subject: On -Site Determination for Applicability to the Randleman Lake Buffer Rules (15A NCAC 2B .0250) Subject Property: Longhorn Buffer Mitigation Site, 2546 Marlboro Church Rd, Sophia NC, Randolph County DWR # 2019-0681 Dear Mr. Yates: On June 19, 2019, at your request, Sue Homewood conducted an on -site determination to review features located on the subject project for stream determinations with regards to the above noted state regulations. Katie Merritt with the Division of Water Resources (Division) — 401 & Buffer Permitting Branch was also present during the site visit. The attached sketch depicts the channels that were reviewed during the site visit. Channel Al and Pond P1 as shown on the attached sketch were determined to be subject to the Randleman Buffer Rules cited above. Please note that these regulations may be subject to change in the future. The owner for future owners) should notify the Division (and other relevant agencies) of this decision in any future correspondences concerning this property. This on -site determination shall expire five (5) years from the date of this letter. North Carolina Department of Environmental Qualo I Division of Water Resources ' �• �,�j Winston-Salem Regional Office 1 450 W_ Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105 —.1.....�..' *' 336-776-9800 Landowners or affected parties that dispute a determination made by the Division or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o 401 & Buffer Permitting Branch, 1650 Mail Service Center, Raleigh, NC 27699-1650. Individuals that dispute a determination by the Division or Delegated Local Authority that "exempts" surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. The Division recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days. This letter only addresses the applicability to the buffer rules and does not approve any activity within Waters of the United States or Waters of the State or their associated buffers. If you have any additional questions or require additional information, please contact me at 336-776-9693 or sue. homewoo dgnc deer. gov. Sincerely, DacuSigned by: iYOswGWOO� 456ED63109BF411... Sue Homewood Winston-Salem Regional Office Enclosures: USGS Topo Map Clearwater Mitigation Solutions Mitigation Plan Layout — DWR initialed/dated Cc: Curtis Redding, 4126 Baker Farm Rd, Sophia NC 27530 Katie Merritt, DWR (via email) Jeremiah Dow, DMS (via email) DWR, Winston-Salem Regional Office Page 2 of 2