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HomeMy WebLinkAbout20070623 Ver 1_401 Application_20070407j MULKEY ENOINEERB & GON9ULTANTB PO Box 331 27 RALEIGH, NC 27636 PHONE: 91 9-851 -1 9 1 2 FAx: 9 1 9-B 5 1- 1 9 1 8 ~~`0623 LETTER OF TRANSMITTAL To: Ms. Cyndi Karoly Date: April 7, 2007 NC DENR/Division of Water Quality, Wetlands Unit 1650 Mail Service Center, Raleigh, NC 27699-1650 Re: Little White Oak Stream Restoration I am sending you the following item(s): COPIES DATE NO. DESCRIPTION 5 NWP 27 permit package including: $250 application fee, cover letter, PCN, NCEEP restoration plan approval letter, restoration plan, erosion control plan, and NEPA CE document These are transmitted as checked below: ^ As requested ^ For approval ^ For review and comment Remarks: Copy to: ® For your use ^ For Signatures Signed: ° ~~~~~ APR ~ 2007 t~E~ -WATER QUALITY 'A~Tt,A-i1D3 A+1~ STt~RA~kIMAT~R 9RRNGN ** HAND DELIVER *" Job No.: 2006237.00 Harold Brady Project Biologist -- MULIGEY US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 ATTENTION: Ms. Lori Beckwith USACE Polk County Regulatory Representative DATE: Apri12, 2007 0 7 0 62 3 SUBJECT: Little White Oak Stream Restoration, Polk County, North Carolina Please fmd attached the Pre-Construction Notification (PCN) Application Form for the referenced project. Mulkey Engineers & Consultants, Inc. (Mulkey) has proposed for and been granted a full delivery stream restoration project involving Little White Oak Creek and several unnamed tributaries (CJTs) in Polk County, approximately 5 miles northeast of Columbus, NC. The project consists of the main stem of Little White Oak Creek, the South Branch of Little White Oak Creek, three direct UTs to Little White Oak Creek, and one UT to the South Branch of Little White Oak Creek. This work will involve impacting approximately 16,278.31inear feet of jurisdictional stream channel and will result in 18,200 linear feet of restored stream channel. The anticipated let date for construction is May 2007. The goals of the Little White Oak Creek Stream Restoration site are as follows: • To improve water quality for the project stream reaches, as well as downstream reaches. • To reduce the rate of bank erosion along the project stream reaches. • To better attenuate flood flows. • To enhance wildlife habitat within the project site. Theses goal will be met through the following objectives: • By using natural channel design to restore stable pattern, dimension, and profile for the project stream reaches. • By reestablishing a flood plain or connecting the stream back to its historic floodplain, or a combination of both, for each project stream reach. • By creating or restoring floodplain features such as vernal pools, off-channel ponds, or riparian wetlands. • By increasing the amount of in-stream habitat through the addition of rock and wood structures. • By re-establishing a more natural riparian buffer, thereby reintroducing shading, cover areas, and travel corridors. MULKEY INC. 6750 TRYON ROAD GARY, NC 27511 PO BOX 33127 RALEIGH, NC 27836 PH: 919-851-1912 FAX: 919-651-7918 wwW.MULKEYINC.COM The goal of improving water quality will be accomplished by meeting two objectives: first, by reducing sedimentation, and second by restoring riparian buffers. Restoring stable stream pattern, dimension, and profile will reduce sedimentation to the stream by preventing the mass wasting of stream banks currently prevalent at the site. All of the stream restoration design and construction will follow methodologies consistent with natural channel design. Our proposed restoration plan includes re-establishing a floodplain and forested riparian buffer which will provide an area of filtration for surface and ground water from the adjacent, heavily grazed pastures. The floodplain will be re-established by raising the existing streambed elevation in order to reconnect the streams to their historic floodplains, or in the cases where this is not feasible due to site constraints, this will be accomplished through the construction of bankfull benches. By reconnecting the streams to their original floodplains or by creating improved floodplains through bankfull bench construction, the streams are provided a much larger area to attenuate flood flows. The sections of abandoned channel that will be left open and modified to create vernal pools, off channel ponds, or riparian wetlands will also provide additional flood storage. The second goal will be to enhance in-stream and terrestrial wildlife habitat and will be achieved by increasing the amount and quality of habitat within the stream and within the riparian buffer. The existing condition of the streams and riparian buffers at the site provide limited available habitat fox aquatic and terrestrial species in and around the stream. The objective is to utilize the proposed restoration site to enhance habitat within the stream by restoring natural channel stability and through the introduction of in-stream boulder and wood structures. The restoration of a forested riparian buffer will also provide stream shading, as well as cover areas and travel corridors that are vital for traveling, foraging, loafing and nesting for many wildlife species. The site provides an excellent opportunity to restore and preserve a substantial riparian zone on lands that axe currently being used for pasture. The riparian buffers, at least 50 feet in width, will be established along both sides of all of the streams at the site. These buffers will be fenced to prevent future cattle intrusion. Native vegetation (both seedlings and live staking) will be installed following construction. The project area for the Little White Oak Creek Stream Restoration is currently owned by the Walker Family Trust, 2255 Smith Waldrop Road, Mill Springs, North Carolina 27856. The site is located on two parcels owned by the family: the first covering a 312 acre parcel (PIN No. P83-4) and the second covering a 62.9 acre parcel (PIN No. P94-1). The Walker Family has sold a conservation easement for 55.3 acres of land in order to restore the streams within the farm and protect the riparian areas in perpetuity. Acquisition of easement occurred on December 12, 2006. The Little White Oak Creek Stream Restoration site is located within the Broad River Basin, and within the USGS 14-digit hydrologic cataloging unit 03050105030010. The project site is within the NC Division of Water Quality (NCDWQ) subbasin 03-08-02, and consists of first, second, third, and fourth order streams which generally flow eastward toward the main channel of Little White Oak Creek. The Little White Oak Creek confluence with White Oak Creek is approximately 1.25 miles downstream of the project area. Little White Oak Creek and several of the tributaries proposed for restoration (reaches: R2, R2B, R2A, and R1) are depicted on the Pea Ridge, NC topographic quadrangle map. The Polk County soil survey also depicts several of the tributaries proposed for restoration (reaches: R2, R1, and R2A). NCDWQ has assigned a best usage classification of "C" to the Little River and a stream index number is 9-29-46-1. There are no outstanding resource waters (ORW), high quality drinking water supply waters (WS-I and WS-II), or 303(d) listed streams within aone-mile radius of the project study area. As of January 29, 2007, the United States Fish and Wildlife Service (CTSFWS) has identified one Endangered (E) species (white irisette), and two Threatened ('I) species (small whorled pogonia and dwarf flowered heartleaf) for which occurrences have been recorded in Polk County. The land that will be impacted as a result of this project consists of farmland and pasture land with a network of dirt farm roads, and several perennial and intern~ittent mountain streams. It should also be noted that no critical habitat areas are listed by USFWS as occurring in Polk County. The North Carolina National Heritage Program (NCNHP) maps (updated February 2007) were reviewed to determine if any protected species have been identified near the project area. This map review confirmed that no federally protected species and no designated critical habitat areas are known to occur within anone-mile radius of the study area. Suitable habitat is present within the subject property for dwarf-flowered heartleaf and white irisette; however, plant-by-plant surveys conducted for these species in July 2006 yielded no individuals within the subject property. Therefore, the listed federally protected species will have No Effect on the proposed project. Biological conclusions are provided for these species below. • Dwarf-flowered heartleaf (Hexastylis nanifl'ota) Suitable habitat for dwarf-flowered heartleaf consisting of acidic sandy loam soils (specifically Madison and Pacolet types) is not present within the study area but is present within the property encompassing the study site. A pedestrian survey conducted by qualified biologists from Mulkey on July 17, 2006 found no dwarf- flowered heartleaf individuals on the study property during the plant-by-plant survey. A review of NCNHP records showed no occurrence of dwarf-flowered heartleaf within aone-mile radius of the project site. Therefore, project construction will have No Effect on this species. • Small-whorled pogonia (Isottra medeoloides) Suitable habitat for the small-whorled pogonia is not present in the project study area. NCNHP does not list any occurrences of the small-whorled pogonia within a one-mile radius of the project site. Therefore, project construction will have No Effect on this species. • White irisette (Sisytrnchium dichotomum) Suitable habitat for the white irisette consisting of clearings and the edges of upland woods where the canopy is thin is present in the project study area. A pedestrian survey conducted by qualified biologists from Mulkey on July 17, 2006 found no white irisette individuals on the study property during the plant-by-plant survey. NCNHP does not list any occurrences of white irisette within aone-mile radius of the project site. Therefore, project construction will have No Effect on this species. Following your review and concurrence with the proposed action, please issue a NWP 27 that will authorize construction activities associated with stream restoration activities at the Little White Oak Stream Restoration site. If you have any questions or comments concerning the project, please contact me at (919) 858-1804. Thank you for your assistance. Sincerely, ~ ~ Harold M. Brady Staff Scientist Mulkey, Inc. Attachments PCN NCEEP Restoration Plan Approval Letter Little White Oak Creek Stream Restoration Plan Erosion Control Narrative and Construction Sequence Report NEPA Categorical Exclusion document cc: (5 copies) Mr. Ian McMillan, NCDWQ-Wetlands Unit (single copies) Mr. Kevin Barnett, NCDWQ -Asheville Regional Office Mr. Scott Hunt, PE, Mulkey, Inc. Ms. Wendee B. Smith, Mulkey, Inc. ft ~ I~ :*;~~ j~~~~ E~ ~~.4ti~~ ~r~t+s f'F~e,R~p,+i March 30, 2007 Ms. Wendee Smith Mulkey, Inc. 6750 Tryon Road Cary, North Carolina 27511 Subject: Restoration Plan Review for the Little White Oak Stream Restoration Project Broad River Basin - CU# 030501.05 Polk County, North Carolina Contract No. D06027-B Dear Ms. Smith: On February 12, 2007 Mulkey, Engineers and Consultants submitted a Restoration Plan for the subject site. The plan proposes to restore reaches of Little White Oak Creek, South Branch Little White Oak Creek, and six (6) unnamed tributaries. Appropriate vegetation will be planted along the riparian corridor(s). Successful completion of the project will restore the channelized degraded streams to a more natural stable condition and provide a riparian buffer that wilt improve water quality and establish/enhance wildlife habitat. The Ecosystem Enhancement Program (EEP) has completed its review of the restoration plan and has no additional comments at this time. Please proceed with acquiring all necessary permits and/or certifications and complete the implementation of the earthwork portion of the mitigation project (Task 4). A copy of this letter shoi-ld be included with your 401/404 permit applications. If you have any questions, or wish to discuss this matter further, please contact me at any time. I can be reached at (919) 71.5-1b56, or email me at gu~pearccrz?ncmail.net. Sincerely, ~ 7 ,. ~~-- _. Guy C. Pearce EEP Full Delivery Program Supervisor ec: file ~~ '.~ti -; 3 . 1 ai `~.4 Ilorth Ca~alif7a Ecosystem Et~h~nce~nent ~rogram,16~2 l~ai1 Service Center, Raleig(~, ~C 2/699-1652 l 919-71S-C"~ ~l www.nceel~,net -Office Use Only: Form Version March OS -0 7 0 62 3 USAGE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 27 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), q ~~ II. A licant Information (i PP - ~~'-~ ~ LOU:I 1. Owner/Applicant Information Name: Mulkey, Inc. „~~~ ~'~`~~~`~` `~°'"~"~~ NBSlL~ 6~7cxx~nr~~'~tt ~R~~ Contact: Wendee B. Smith, Project Manager Mailing Address: 6750 Tyron Road Cary, NC 27511 Telephone Number:~919) 858-1833 Fax Number: (919) 851-1918 E-mail Address: wrsmith(a~mulkeyinc.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number:_ Fax Number: E-mail Address: Page 1 of 10 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Little White Oak Creek Stream Restoration Project 2. T.I.P. Project Number or State Project Number (NCDOT Only) N/A 3. Property Identification Number (Tax PIN): Walker Family Trust; PIN# P83-44 and P94-1. 4. Location County: Polk Nearest Town: Columbia Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From Asheville take US-74 East to Exit 167. Turn left at the ramp and follow NC 9 north toward Mill Springy for approximately 0.3 mile. Turn right onto John Sheehan Road and take the next left onto Whiteside Road. The project stream will be crossed approximately 750 feet from the intersection. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35° 17' 17.39" °N 82° 06' 53.21" °W 6. Property size (acres): 375 acres (conservation easement is 55.6 acres) 7. Name of nearest receiving body of water: Little White Oak Creek 8. River Basin: Broad (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Page 2 of 10 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The project streams lie within two parcels, both owned by the Walker Family, that have historically been used for pasture and forest land. Land uses including_grazing and farming have resulted in substantial degradation to the streams throughout the subject property for more than 50 years. There are approximately 200 head of cattle and horses currently utilizing the pastures with no reduction planned. The livestock have not been fenced from the streams at any location within the subject property. This continual livestock access to the streams has resulted in substantial erosion along the stream banks, channel incision, poor substrate diversity and reduced water quality due to the direct introduction of fecal matter and nutrient contamination into the streams. The property owner explained that many of the streams on the property particularly the smaller tributaries, were historically maintained through channelization/ditching and clearing of the riparian buffer. 10. Describe the overall project in detail, including the type of equipment to be used: Stream restoration b~ use of natural channel design and construction methodolo ig es is proposed for approximately 16,278.3 linear feet of perennial stream channel. This will involve the construction of permanent structures such as, cross-vanes, single-arm rock vanes, J-hooks, constructed riffles, root wads, and at-grade stream crossings. It will also involve the construction of temporary structures such as, temporary stream crossings for construction access and temporary stone dams for pump-around purposes. The exact number of these structures will be determined by the engineer during construction; however, the attached design plans will be followed as closel ay s 1s practicable for construction. Standard stream restoration construction equipment including excavators, dump trucks, and front-end loaders will be used to convey the rock to the stream and construct the structures in the streams. 11. Explain the purpose of the proposed work: The purpose of the Little White Oak Creek Stream Restoration Site is three fold: improve water quality, establish and enhance wildlife habitat, and provide NCEEP with stream mitigation units. The proposed natural channel design that will be implemented for this site will provide restoration of stable pattern, dimension, and profile for six streams on the subject property The goal of improving water quality will be accomplished by meeting two objectives: first, reducing sedimentation, and second by restoring riparian buffers. Restoring stable stream pattern, dimension, and profile will reduce sedimentation to the stream b~preventing the mast wasting of stream banks currently prevalent at the site. Our proposed restoration plan includes re-establishing a floodplain and forested riparian buffer which will both provide an area of filtration for surface and ground water from the adjacent, heavily r~pastures. The floodplain will be re-established through raising the existing streambed elevation in order to reconnect the streams to their historic floodplains, or in the cases where this is not feasible due to site constraints, through the construction of bankfull benches. By reconnecting. the streams to their original floodplains or by creating improved floodplains through bankfull bench construction, the streams are provided a much larger area to attenuate flood flows. The sections of abandoned channel that will be left open and modified to create Page 3 of 10 vernal pools off channel ponds or riparian wetlands will also provide additional flood stora e. The second goal will be achieved by increasing the amount and qualit~f aquatic and terrestrial habitat for wildlife. The existing condition of the streams and riparian buffers at the site provide limited quality habitat for aquatic and terrestrial species within and adiacent to the stream. This project proposes to enhance aquatic habitat by restoring natural channel stability and through the introduction of boulder and wood structures, that mimic natural structures. The proposed project also provides an excellent opportunity to restore and preserve a substantial riparian zone on lands that are currently being used for pasture. The restoration of a forested riparian buffer will improve terrestrial habitat by providing fora~in~ and nesting for many wildlife species and protected corridors for wildlife movement. The riparian buffers at least 50 feet in width, will be established along both sides of all of the restored streams. These buffers will be fenced to prevent any future unauthorized intrusion. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. There have been no previous environmental permits (applied for or otherwise) associated with the Little White Oak Creek stream restoration site or the associated Walker property of which Mulkey, Inc. has any knowledge. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No future stream restoration activities are anticipated to occur once this proposed work is completed. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) Page 4 of 10 should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: The proposed priority one stream restoration activities will involve construction within the existing channel and construction of new channel along approximately 16,278.3 linear feet of existing stream channel 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain (yes/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: None within the project study area. 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Page 5 of 10 Stream Impact Perennial o Average Impact Area of Number Stream Name Type of Impact ~ Intermittent Stream Width Length Impact (indicate on map) . Before Impact (linear feet) (acres) R1 South Branch Little Restoration perennial 20 ft 6530.0 3.0 White Oak Creek (Priority 1) UT to South Restoration R1A Branch Little perennial 906.1 0.19 (priority 1) 9 ft White Oak Creek ~ Little White Oak Restoration perennial 29 ft 5978.3 3.98 Creek (Priority 1) ~`~ UT to Little White Restoration perennial 13 ft 625.0 0.19 Oak Creek (Priority 1) R2B UT to Little White Restoration perennial 7 ft 1713.0 0.28 Oak Creek (Priority 1) R2D UT to Little White Restoration perennial 7 $ 525.9 0.08 Oak Creek (Priority 1) 16,278.3 7.72 Total Stream Impact (by length and acreage) linear feet acres 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on map) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 7.72 Wetland Impact (acres): Open Water Impact (acres): Total Impact to Waters of the U.S. (acres): 7.72 Total Stream Impact (linear feet): 16278.3 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. Page 6 of 10 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area (permanent pool): VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Little White Oak Creek and its tributaries within the subject property experience a lame volume of sediment loss every year due to the severely entrenched and incised stream channel. This accelerated erosion is can also be attributed to the lack of sufficient existing riparian vegetation at these locations. Without these restoration activities these streams will continue to lose sediment at rates the fish mammals macrobenthos and other organisms can not tolerate. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. Page7of10 If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current. site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The Little White Oak Creek Restoration Plan is attached. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will. to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at htt~://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount ofNon-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): No compensatorymitigation is required for a NWP 27. IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ^ 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ® Attached is a copy of the Categorical Exclusion document Page 8 of 10 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 3 (2 for Catawba) 2 1.5 Total * Zone ]extends out 30 feet peryendicular from the top of the near bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. This >,ronosed nroiect is not located within a river basin that requires__basinwide NCDWQ stream buffers. In addition this project will provide stream buffers that currently do not exist on the subject property XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss Stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. There is currently no impervious surface within the Walker property. _No permanent impervious surface is anticipated to be_generated from the proposed stream restoration activities. Page 9 of 10 XII. Sewage Disposal (required by DWQ) 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. No wastewater is anticipated to be produced from this proposed stream restoration project XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this anafter-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at htt~,//h2o.enr.state.nc.us/ncwetla.nds. If no, please provide a short narrative description: No negative cumulative impacts are anticipated to occur as a result of this proposed stream restoration~roiect The goal of this project is to improve water quality wrthm Little White Oak Creek its tributaries and waters downstream. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Standard stream restoration construction Best Mana¢ement Practices will be strictly followed. d ` /D Applicant/Agent's Signature ~ D, s signature is valid only if an authorization letter from the applicant is Page 10 of 10