HomeMy WebLinkAbout20090613 Ver 3_401 Application_20110211~~ ::
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NCDENR
North Carolina Department of Environment and
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Natural Resources
Division of Parks and Recreation
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
Lewis Ledford, Director
Ms. Amy Chapman
North Carolina Division of Water Quality
2321 Crabtree Boulevard, Suite 250
Raleigh, NC. 27604
February 8, 2011
RE: Riparian Buffer Authorization Request
Mountains-To-Sea Trail: Quarry To Pleasant Green
Eno River State Park
Dear Ms. Chapman:
Q~c~~ae~~
FEB 0 S 2011
~NR • WATER QUALITY
~1UVrDSAND STORMMIATER BRANCH
I have enclosed five copies of a completed Pre-Construction Notification and supplementary material for a Riparian
Buffer Authorization associated with the above-referenced project. The proposed project involves construction of a
natural surface hiking trail in the central portion of Eno River State Park in Orange County, North Carolina. The
proposed trail will span no greater than 4 feet in width, extend approximately 1.5 miles, and will be designated as part of
the Mountains-To-Sea trail system.
Approximately 2,860 ft2 of Zone 1 impacts and 1,460 ftz of Zone 2 impacts to the wooded riparian buffer adjacent to the
Eno River will be impacted by trail construction. Significant portions of the initial trail alignment have been located
outside of the 50-foot riparian buffer to reduce impacts. However, proposed impacts to the riparian buffer are necessary
due to topographic constraints, adjoining property encroachment, and recreational opportunity to experience the Eno
River. Drawings depicting the proposed project, riparian buffer impacts, land ownership within the project area are
provided as attachments, in addition to a check in the amount of $240 to cover the application fee. Please do not hesitate
to contact me if you require any additional information.
Sincerely,
AC ~ C ~J•~'~~~~
Amin K. Davis
Environmental Review Coordinator
Division of Parks and Recreation, Natural Resources Program
North Carolina Department of Environment and Natural Resources
(919) 715-7584 / amin.davis@ncdenr.gov
1615 Mail Service Center, Raleigh, North Carolina 27699-1615
Phone: 919-733-4181 1 FAX: 919-715-30851 Internet: www.ncparks.gov
An Equal Opportunity /Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper
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Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PCN Form
A. A licant Information
1. Processing
1a. Type(s) of approval sought from the
Corps:
^ Section 404 Permit ^ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ^ Yes ^ 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
1e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
^ Yes ®No For the record only for Corps Permit:
^ Yes ®No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ^ Yes ®No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ^ Yes ®No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ^ Yes ®No
2. Project Information
2a. Name of project: Mountains-To-Sea Trail :Quarry to Pleasant Green
2b. County: Orange
2c. Nearest municipality /town: Durham
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed: Project area is comprised of several parcels. Please see attached map (Figure 4).
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
3d. Street address: B ®~ Z~,1
3e. City, state, zip:
3f. Telephone no.: ~E'MHDSANDSTORMVWgTERBRANCH
3g. Fax no.:
3h. Email address:
Page 1 of 11
PCN Form -Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ®Agent ^ Other, specify:
4b. Name: NCDENR, Division of Parks and Recreation (c/o Eno River State Park)
4c. Business name
(if applicable):
4d. Street address: MSC 1615
4e. City, state, zip: Raleigh, NC. 27699-1615
4f. Telephone no.: (919) 733-4181
4g. Fax no.: (919) 715-3085
4h. Email address: amin.davis@ncdenr.gov
5. AgentlConsultant Information (if applicable)
5a. Name: N/A
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 11
PCN Form -Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): Please see attached map (Figure 4)
1 b. Site coordinates (in decimal degrees): Latitude: 36.044 Longitude: - 79.006
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 4,200 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Eno River
proposed project:
2b. Water Quality Classification of nearest receiving water: WS-IV,B; NSW
2c. River basin: Neuse
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 vast majority of Eno River State Park is forested with typical recreational facilities including trails, campgrounds,
picnic areas, and a park office. General land use in the vicinity of the project is recreational and undeveloped with
interspersed utility easements and residential development.
3b. List the total estimated acreage of all existing wetlands on the property:
0.53 (per NWI wetland mapping; not including Eno River surface waters)
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
146,015' per USGS GIS mapping
3d. Explain the purpose of the proposed project:
Trail construction
3e. Describe the overall project in detail, including the type of equipment to be used:
MST trail will be an unpaved natural surface of 2' in width with limited 1' trimming on each side of the 2' trail alignment.
Proposed trail construction would be with volunteers using hand tools; some chain saw work would be required to remove
downed logs that would be done only by individuals trained in chain saw use and with appropriate protective gear.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property / ^ Yes ®No ^ Unknown
project (including all prior phases) in the past?
Comments:
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): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. 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.
Received Neuse Buffer Authorization from DWQ on 7/17/09 (#2009-0613) for previous portion of MST Trail construction
to the east.
Page 3 of 11
PCN Form -Version 1.3 December 10, 2008 Version
6. Future Project Plans
6a. Is this a phased project? ®Yes ^ No
6b. If yes, explain.
The most recent phase of this trail was constructed beginning east of Cole Mill Road (Pump Station Section) to north of
Howe Street (Cabe Lands Section). A prior phase of this trail was constructed east of this project, beginning at Guess
Road and ending at the eastern-most portion of the Cabe Lands. Future conceptual plans for the statewide Mountains-
to-Sea Trail have been laid out, but specific trail locations have not been determined at this time.
Page 4 of 11
PCN Form -Version 1.3 December 10, 2008 Version
---
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
^ Wetlands ^ Streams -tributaries ®Buffers
^ Open Waters ^ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ -non-404, other) (acres)
Tem ora T
W1 ^ P ^ T ^ Yes ^ Corps
^ No ^DWQ
W2 ^ P ^ T ^ Yes ^ Corps
^ No ^DWQ
W3 ^ P ^ T ^ Yes ^ Corps
^ No ^DWQ
W4 ^ P ^ T ^ Yes ^ Corps
^ No ^DWQ
W5 ^ P ^ T ^ Yes ^ Corps
^ No ^DWQ
W6 ^ P ^ T ^ Yes ^ Corps
^ No ^DWQ
2g. Total wetland impacts 0
2h. Comments: Jurisdictional wetlands were not observed within/adjacent to proposed trail alignment; therefore wetland
impacts not anticipated.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - PER or
(Corps - 404, 10
stream
length
Permanent (P) or i term ttent DWQ -non-404, width (linear
Temporary (T) (INS? other) (feet) feet)
S1 ^ P ^ T ^ PER ^ Corps
^ INT ^DWQ
S2 ^ P ^ T ^ PER ^ Corps
^ INT ^DWQ
S3 ^ P ^ T ^ PER ^ Corps
^ INT ^DWQ
S4 ^ P ^ T ^ PER ^ Corps
^ INT ^DWQ
S5 ^ P ^ T ^ PER ^ Corps
^ INT ^DWQ
S6 ^ P ^ T ^ PER ^ Corps
^ INT ^DWQ
3h. Total stream and tributary impacts 0
3i. Comments: Intermittent and perennial streams requiring a pedestrian crossing will be bridged; therefore stream impacts not
anticipated.
Page 5 of 11
PCN Form -Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number
- Permanent
(P) or
Tem ora T 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
04 ^P^T
4f. Total open water impacts 0
4g. Comments: Open waters were not observed within the project area; therefore open water impacts are not anticipated.
5. Pond or Lake Construction
If and or lake construction ro osed, then com lete the chart below.
5a.
Pond ID 5b.
Proposed use or purpose of 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland
(acres)
number pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
Sf. Total
5g. Comments: N/A
5h. Is a dam high hazard permit required?
^ Yes ®No If yes, permit ID no:
5i. Expected pond surface area (acres): N/A
5j. Size of pond watershed (acres): N/A
5k. Method of construction: N/A
Page 6 of 11
PCN Form -Version 1.3 December 10, 2008 Version
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an im acts re uire miti ation, then ou MUST fill out Section D of this form.
6a.
® Neuse ^Tar-Pamlico ^ Other:
Project is in which protected basin? ^ Catawba ^ Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason for Buffer Zone 1 impact Zone 2 impact
Permanent (P) impact Stream name mitigation (square feet) (square feet)
or Temporary required?
61 ®P ^ T Con t ulction Eno River ®Nos 1,260 260
62 ®P ^ T ~ Nos 1,600 1,200
B3 ^P^T ^Yes
^ No
6h. Total buffer impacts 2,860 1,460
6i. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Significant portions of initial trail alignment have been moved outside of the 50' riparian buffer and FEMA floodplain, trail width
is minimized, trail designed according to IMBA sustainable trail guidelines, and trail surface will consist of existing natural
material to avoid the addition of impervious surfaces.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Significant portions of trail alignment sited on existing foot paths. Trail surface will consist of existing natural material to avoid
the addition of impervious surfaces. Vegetation clearing will be minimal and done using hand tools. Stream crossings/bridges
will be constructed in upland areas to avoid impacts to jurisdictional waters. Appropriate measures to minimize sediment and
erosion will be implemented.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ^Yes ®No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ^DWQ ^ Corps
^ Mitigation bank
2c. If yes, which mitigation option will be used for this project? ^ 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
Page 7 of 11
PCN Form -Version 1.3 December 10, 2008 Version
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.
N/A
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) -required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ^ Yes . ®No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
N/A
6h. Comments:
Page 8 of 11
PCN Form -Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified ®Yes ^ No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: Not required per previous consultation with Amy Chapman (NC DWO ^Yes ®No
staff) on related MST project.
2. Stormwater Mana ement Plan
2a. What is the overall percent imperviousness of this project? <1
2b. Does this project require a Stormwater Management Plan? ^Yes ®No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Well below required threshold.
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? N/A
^ 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 Pro ram Review
^ Coastal counties
^ HQW
4a. Which of the following state-implemented stormwater management programs apply ^ ORW
(check all that apply):
^ Session Law 2006-246
® Other: N/A
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ^Yes ^ No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ^Yes ^ No
5b. Have all of the 401 Unit submittal requirements been met? ^Yes ^ No
Page 9 of 11
PCN Form -Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ®Yes ^ No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ^Yes ®No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ^Yes ^ No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ^Yes ®No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ^Yes ®No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ^Yes ®No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
N/A
Page 10 of 11
PCN Form -Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ^ Yes ®No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ^ Yes ®No
impacts?
^ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
^ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
GIS file provided by the NC Natural Heritage Program.
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?
Previous related consultations with Ron Sechler (NOAA staff).
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?
Onsite consultations with NC State Historic Preservation Office staff.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in aFEMA-designated 100-year floodplain? ®Yes ^ No
8b. If yes, explain how project meets FEMA requirements: Although small portions of the proposed trail alignment are within
the 100-year floodplain, stream crossing/bridges will be located outside of the 100-year floodplain.
8c. What source(s) did you use to make the floodplain determination? GIS data provided by http:!/www.ncfloodmaps.com/
Amin Davis 2/8/11
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is rovided.
Page 11 of 11
PCN Form -Version 1.3 December 10, 2008 Version
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