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HomeMy WebLinkAbout20021528 Ver 2_401 Application_201102230'1_ ?Sa8u2?- ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Cyndi Karoly, NCDWQ Todd Tugwell, USACE @ ?- D FEB 2 3 2011 FROM: Mark Fowlkes, NCWRC wMNR - DATE: February 21, 2011 SUBJECT: Nationwide Permit 3 application for: maintenance to the Big Warrior Creek mitigation site, Wilkes County, North Carolina. The North Carolina Wildlife Resources Commission (NCWRC) is submitting the enclosed pre- construction notification and plan for 100 linear feet of stream maintenance at the existing North Carolina Ecosystem Enhancement Program's Big warrior Creek mitigation site, Wilkes County for your approval for a 401/404 permit (Nationwide Permit number 3, NCDWQ Water Quality Certification 3687). The project was permitted October 4, 2002 under Nationwide Permit 27, Action ID 200221489 (see attached). This Nationwide Permit expired in 2007. Copies of the plan have been submitted to Ron Linville (NCWRC) and Sue Homewood (NCDWQ Winston-Salem office) for their review. The $240 Pre-Construction Notification Application fee required by NCDWQ has been electronically transferred (electronic warrant # 48443). The email notification for the transfer is enclosed. The site will be monitored for 2 years and stability will be documented with photographs. If I can be of any further assistance please let feel free to contact me at 336-527-1547 or by email at mark.fowlkes@ncwiIdlife.org. Thank you for reviewing this plan in a timely manner. CC: Shannon Deaton, NCWRC Mac Haupt, NCEEP Zack Mondry, NCEEP Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721 Telephone: (919) 707-0220 - Fax: (919) 707-0028 Fowlkes, Mark D From: Cottle, Jason C. . Sent: Thursday, February 17, 2011 8:30 AM To: Andrews, M. Faye Cc: Deaton, Shannon L.; Fowlkes, Mark D Subject: RE: Warrior Creek payment for DWQ permit It went out this morning.... I was actually getting ready to fax the info over to DENR as I got your email. The electronic warrant number is 48443. Jason Cottle Accounts Payable and Payroll Manager North Carolina Wildlife Resources Commission Controller's Office 1702 Mail Service Center Raleigh, NC 27699-1702 Phone: (919) 707-0090 Fax: (919) 707-0094 From: Andrews, M. Faye Sent: Thursday, February 17, 20118:28 AM To: Cottle, Jason C. Subject: FW: Warrior Creek payment for DWQ permit Jason, do you know status on this? Thanks From: Deaton, Shannon L. Sent: Wednesday, February 16, 2011 10:16 PM To: Andrews, M. Faye Subject: FW: Warrior Creek payment for DWQ permit Could you please check on the last check request you processed for me either late last week or early this week. I can't remember. We need to make sure we get the electronic transfer information so we can submit the permit request. From: Fowlkes, Mark D Sent: Wednesday, February 16, 20115:58 PM To: Deaton, Shannon L. Subject: Warrior Creek payment for DWQ permit Do you know the status of the request for payment to DWQ for the Warrior Creek DWQ permit? Thank you, Mark Fowlkes Habitat Conservation Program NC Wildlife Resources Commission P. O. Box 387 Elkin, NC 28621 Dennison, Laurie From: Pickett, Laveta D Sent: Thursday, February 17, 2011 8:48 AM To: Dennison, Laurie Subject: FW: NC E-Pay Remittance Advice Does this transfer belong to you? If so what account does it go in? Thanks -----Original Message----- From: OSC.nc.paymentCp)osc.nc.gov (mailto:OSC.nc.payment Ca?osc.nc.L ova Sent: Thursday, February 17, 2011 2:07 AM Subject: NC E-Pay Remittance Advice TO: DEPT OF ENVIRONMENT & NATURAL RESOURCES CONTROLLERS OFFICE 1606 MAIL SERVICE CENTER RALEIGH NC 27699-160 RE: Direct Deposit Notification A transfer has been created in CMCS for the amount of $240.00 for payment number 17PT0000048443. It is your office's responsibility to confirm that this transfer has been passed and submitted in CMCS. These funds were paid by the following agency: WILDLIFE RESOURCES COMMISSION CONTROLLER'S OFFICE TRADE ACCOUNTS PAYABLE 1751 VARSITY DR RALEIGH, NC 27606-2576 Agency Contact Phone: 919-707-0090 Please direct all questions regarding this payment/transfer to the agency contact phone number listed directly above. This agency maintains information regarding your payment records. Any questions concerning payment amount and invoice information/documentation should be directed to the agency's Accounts Payable office and they will be happy to assist you with your inquiries PLEASE DO NOT REPLY TO THIS EMAIL. CONTACT THE PAYING AGENCY AT THE NUMBER LISTED ABOVE. Invoice Number Inv Date Invoice Amount Discount Amount Net Amount WARRIORCRE021011 02110111 $240.00 $00.00 $240.00 401 PERMIT FOR WARRIOR CREEK, WILKES COUNTY TOTAL: $240.00 This notification was sent from the North Carolina Office of the State Controller. If this notification has been sent in error, please contact the agency listed above to make corrections. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official. ® North Carolina Wildlife Resources Commission 0 24 January 2011 AGENT AUTHORIZATION FORM The undersigned responsible party for the properties identified below, hereby authorizes the North Carolina Wildlife Resources Commission to act as the agent in obtaining permits needed to conduct a stream restoration project for the North Carolina Ecosystem Enhancement Program on the identified properties in Wilkes County, N.C. Specifically, the Commission may act as the agent in obtaining all necessary permits from all units of government including, but not limited to, the United States Army Corps of Engineers and the State of North Carolina, which are needed to accomplish this project. Responsible Party Mac Haft, North Carolina Ecosystem Enhancement Program Address 2728 Capital Blvd, Suite 1H103 Raleigh NC 27604 Phone Number 919-715-1070 Property Location and PIN # Violet Frazier German, PIN #3824-84-8608 Parcel ID # 0302167 John and Wilma Sue German PIN#3824-93-0862 Parcel ID# 0303043 Signature /V14-- Date t - 2.G • tt Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 ,. Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification PC Form A: Applicant Information Atill IF 1. Processing )XV 1a. Type(s) of approval sought from the Corps: ® Section 404 Permit ? Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: NWP3 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 If. 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 1h below. ? Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ? No 2. 2a. Project Information Name of project: Big Warrior Creek mitigation site 2b. County: Wilkes 2c. Nearest municipality / town: Boomer FEB 2 .1 2011 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: R lwiVA g?; & 3. Owner Information 3a. Name(s) on Recorded Deed: John and Wilma Sue German / Violet Frazier German 3b. Deed Book and Page No. 869-577 / 747-133 3c. Responsible Party (for LLC if applicable): 3d. Street address: 6428 S. NC Highway 18 / 6281 S. Nc Highway 18 3e. City, state, zip: Boomer, NC 28606 / Boomer, NC 28606 3f. Telephone no.: 336-921-3216 / 336-921-3985 3g. Fax no.: 3h. Email address: Page 1 of 12 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ® Other, specify: NCEEP owns a conservation easement on the property for stream mitigation 4b. Name: Mac Haupt 4c. Business name (if applicable): North Carolina Ecosystem Enhancement Program 4d. Street address: 2728 Capital Blvd, Suite 1 H103 4e. City, state, zip: Raleigh, NC 27604 4f. Telephone no.: 919-715-1070 4g. Fax no.: 4h. Email address: mac.haupt@ncdenr.gov 5. Agent/Consultant Information (if applicable) 5a. Name: Mark Fowlkes 5b. Business name (if applicable): North Carolina Wildlife Resources Commission 5c. Street address: PO Box 387 5d. City, state, zip: Elkin, NC 28621 5e. Telephone no.: 336-527-1547 5f. Fax no.: 336-527-1547 5g. Email address: mark.fowlkes@ncwildlife.org Page 2 of 12 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): John and Wilma Sue German Parcel ID# 0303043 / Violet Frazier German Parcel ID # 0302167 1 b. Site coordinates (in decimal degrees): Latitude: 36.04919284N Longitude: - 81.27044525W (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 47.49 / 58.3 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Mountain Creek, a tributary of Big Warrior Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Yadkin Page 3 of 12 PCN Form - Version 1.3 December 10, 2008 Version 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 Big Warrior Creek mitigation site (EEP Project #: 00412) is in a watershed of forested, agriculture and residential use. The land use along Mountain Creek, a tributary of Big warrior Creek is composed of small rural farms containing pastures and forested woodlots. Stream restoration was completed November 2004. The project has subsequently undergone five years of monitoring and is currently being considered for closeout. Large storm events between March and December 2009 caused several new problem areas along Mountain Creek. The first rock vane failed at station 0+0 and caused the stream to divert the structure entirely, resulting in 40ft of bank erosion on the right stream bank (Figure 4). Also, massive bank erosion occurred on the left stream bank at station 7+90. The left stream bank moved approximately 10 ft to the left on approximately 60 If of stream. However, the low flow channel did not move to the left stream bank, instead a low inner berm feature was created. The fence defining the easement limits was moved further away from the stream in order tto maintain the fence's integrity. 3b. List the total estimated acreage of all existing wetlands on the property: No wetlands were identified within the existing stream mitigation site. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 11,000 If of prennial and intermittent streams within the Big Warrior Creek mitigation site 3d. Explain the purpose of the proposed project: The goal of this project is to repair the two eroding stream banks at station 0+0 and station 7+90 on Mountain Creek in order for the stream mitigation site to meet USACE success criteria. The overarching goal of the Big Warrior Creek Stream Mitigation Project was to establish a stable planform, cross-section, and profile pattern to Big Warrior Creek and it's tributaries, with the premise that geomorphic and habitat function will follow appropriate channel form. 3e. Describe the overall project in detail, including the type of equipment to be used: See attached Warrior Creek scope of work for more detail. Boulders from the failed rock vane at station 0+00 on Mountain Creek will be removed from the channel. A small rock vane will be installed on the right bank at station 0+00 in order to center the thalweg in the stream channel. Both stream banks will be re-shaped and a bankfull bench will be created based on 2002 design typicals. The boulders from station 0+00 will be used to protect the toe of the eroding left stream bank at station 7+90. The stream bank will be sloped down to the boulder toe protection. All of this work will be accomplished at the back of the inner berm and will not impact the wetted channel. Commission staff will be on site at all times to supervise construction activities. Any modification in design due to changes in on-site conditions will be approved by the Commission designer. Equipment will only access the stream when absolutely necessary. Mountain Creek will be crossed twice at what appears to be an old crossing; once to access the area near station 0+00 and once to leave this work area. It has been determined that removing the rock vane will best be accomplished from the right stream bank. It is anticipated that all track hoe work can be accomplished from the top of the bank. All construction materials including rock, plants, and erosion control materials will be stockpiled at designated locations. To limit disturbance of soils, all equipment will travel along identified travel corridors. Disturbance of soils will be limited to only what work can be accomplished and stabilized on a daily basis. As a structure is completed, the site will be reshaped at a 2:1 slope, hand seeded with a temporary and permanent native seed mix, mulched with straw and covered 700 g/m2 coir fiber erosion control matting. The matting will be anchored in place with 18in stakes. Disturbed floodplain terraces will be hand seeded with a temporary and permanent native seed mix and mulched with straw. The disturbed areas will be further stabilized with native trees and shrubs planted at a density of 450 stems/acre. The disturbed areas in the pasture will be seeded with a pasture seed mixture and mulched with straw. Page 4 of 12 PCN Form - Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / [K Yes ? No ? Unknown project (including all prior phases) in the past? Comments: This is an existing NCEEP stream mitigation site. 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: NCEEP/CDM Name (if known): unknown 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. The USACE pemit (Action ID 200221489) was obtained 04 October 2002 by the NC Wetlands Restoration Program for the Warrior Creek mitigation site and expired in 04 October 2004. Impacts to existing waters of the U.S. authorized by this permit total 9,200 linear feet of stream channel. NCEEP has not been able to find the old NCDWQ 401 certification in their records. 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. Page 5 of 12 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1a. 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) Temporary 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 2h. Comments: 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 intermittent DWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ? P ®T Stabilization Mountain Creek ® PER ? INT ® Corps ? DWQ 10 40 S2 ? P ®T Stabilization Mountain Creek ® PER ? INT ® Corps ? DWQ 15 60 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 100 3i. Comments: Stabilize eroding banks by reshaping banks and installing a rock toe on the back side of an inner berm Page 6 of 12 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. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond 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: 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 impacts require mitigation, then you 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. 69. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? B1 ?P?T ?Yes ? No B2 ?P?T ?Yes ? No B3 ? P ? T ? Yes ? No 6h. Total buffer impacts 6i. Comments: Page 7 of 12 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Only areas with active bank erosion and channel instability will be targeted for maintenance work with the use of heavy equipment. The use of in-stream structures was minimized. Work within the existing channels was preferred over excavating new channels. The length and location of haul roads were minimized. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. During construction, heavy equipment will only access the stream when absolutely necessary. It is anticipated that all track hoe work can be accomplished from the top of the bank. All disturbed areas will) be covered with temporary and permanent seed mixes, straw mulch, and coir matting to reduce erosion. Only the amount of stream bank that can be stabilized by the end of the work day will be disturbed. All staging areas and soil stockpile areas will be on high ground and surrounded by silt fencing. Equipment will be inspected and maintained to prevent any pollutants from leaking into surface waters. Additional sediment and erosion control practices will be implemented when needed. 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): [I DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank E] 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 8of12 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 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). 6h. Comments: Page 9 of 12 PCN Form - Version 1.3 December 10, 2008 Version 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. ? Yes ? No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0.0% 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: We are proposing to repair stream banks on an existing NCEEP stream mitigation project. This project does not involve the addition of impervious development and therefore, does not have density standards associated with it. This project is not subject to the NWP's that require submittal of a Stormwater Management Plan. 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? Wilkes County ? 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 ? HQW 4a. Which of the following state-implemented stormwater management programs apply ? 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 10 of 12 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. 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 ? Yes ? No letter.) 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 11 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? 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? NC Wildlife Resources Commission and NC Natural Heritage program (NCNHP) GIS data and correspondence with Ron Linville NCWRC. The Bog turtle, Clemmys muhlenbergii, listed as threatened due to similarity of appearance was identified in the county. However, the nearest known bog is 9.3 miles from the site and its habitat does not occur within the project area. 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? 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? Disturbed areas will be within the existing and previously permitted NCEEP conservation easement for the Big Warrior Creek mitigation site. A visual assessment of the site was also completed. Any impacts to cultural resources would have been previously addressed. 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: 8c. What source(s) did you use to make the floodplain determination? Wilkes County FEMA-NFIP maps. Mark Fowlkes, NCWRC 21 Feb 2011 Applicant/Agent's Printed Name Appl' t/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 PCN Form - Version 1.3 December 10, 2008 Version 02?- Sag L-) 0,)- PROPOSED SCOPE OF WORK for MAINTENANCE TO THE BIG WARRIOR CREEK MITIGATION SITE, WILKES COUNTY, NORTH CAROLINA EEP PROJECT NUMBER: 00412 Prepared in Partnership with the North Carolina Ecosystem Enhancement Program Steel North Carolina Wildlife Resources Commission Watershed Enhancement Group February 2010 ?. .. ?: 7,o 2 Introduction In 2004, approximately 11,035 liner feet (If) of Big Warrior Creek and two of its tributaries were restored in Wilkes County (Figure 1). Through subsequent monitoring of the project site, woody vegetation densities throughout the project sites did not meet the success criteria of 260 stems/acre (USACE 2003). Additionally, several sections of stream bank and a structure on one of the tributaries, Mountain Creek, have become unstable and are in need of repair (URS 2010). The fifth year of monitoring has been completed and the site is now being proposed for closeout. The North Carolina Ecosystem Enhancement Program (EEP) requested the North Carolina Wildlife Resources Commission (Commission) prepare a scope of work entailing supplemental vegetation planting and stream maintenance plan, permit application, management of informal contracts, construction oversight, providing photographic documentation of the repairs, and one year of monitoring. Project Team The team for the project will consist of a biologist experience in natural channel design techniques and a biological technician. They will be responsible for completing all field work associated with the project. This team will be working from the Elkin field office. Mark Fowlkes - Watershed Enhancement Coordinator Joshua Hubbell - Watershed Enhancement Technician Project oversight, quality assurance, and general administration will be handled by the program manager. Shannon L. Deaton, PE - Habitat Conservation Program Manager. Project Need The purpose of this plan is to delineate the additional work that EEP has identified as necessary to ensure the success of the mitigation project on Warrior Creek mitigation site in Wilkes County. Maintenance work is required to ensure the long-term stability of the project and to meet the success criteria required by the regulatory agencies as a condition of releasing the mitigation credits associated with the project. This scope of work describes existing conditions, specific work needed to complete the repairs, and provides a cost estimate to complete the work. Project Goals/Objectives The goals of the project are to provide supplemental planting throughout the project site and repair the stream channel and floodplain bench on Mountain Creek in order to meet the required success criteria (USACE 2003). In order to meet these goals, the project objectives include, but are not limited to the following: 1. Plant native trees and shrubs at designated areas throughout the project site to supplement existing woody vegetation (Figure 2, Table 1). 3 2. Remove a failed rock weir and re-shape the stream banks on the Mountain Creek and reestablish a bankfull bench to restore stream channel dimension. 3. Stabilize the back end of an inner berm by providing toe slope protection. 4. Plant native trees, shrubs, and herbaceous ground cover on all disturbed stream banks to provide long-term bank stability, stream shading, and cover and food for wildlife. 5. Monitor repairs for two growing seasons to document success. Existing Conditions The project is located in the Yadkin River basin, piedmont physiographic region, Wilkes County (Hydrologic Unit Code: 03040101, NCDWQ sub-basin: YADOI). The drainage area of Mountain Creek at the site is 1.7 mil (Figure 1). The land use along Mountain Creek is composed of small rural farms containing pastures and forested woodlots. Creeks in the project site flow through an alluvial valley (Type VIII) with Toccoa sandy loam and Douge fine sandy loam as the dominate soils. Stream restoration was completed November 2004. The project has subsequently undergone five years of monitoring and is currently being considered for closeout. The 2009 Monitoring Year 5 report (URS 2010) indicated that the planted woody vegetation is doing poorly along all three reaches. Only 5 of the 16 vegetation plots met the planted stem success criteria (USACE 2003). When volunteer stems are included, an additional three plots meet the success criteria. Large storm events between March and December 2009 caused several new problem areas along Mountain Creek. The first rock vane failed at station 0+0 and caused the stream to divert the structure entirely, resulting in 40ft of bank erosion on the right stream bank (Figure 4). Also, massive bank erosion occurred on the left stream bank at station 7+90. The left stream bank moved approximately 10 ft to the left on approximately 601f of stream. However, the low flow channel did not move to the left stream bank, instead a low inner berm feature was created. The fence along the conservation easement had to be moved back because of the bank erosion. Proposed Improvements To augment the low woody stem density throughout the Warrior Creek mitigation site, the floodplain will be planted at designated areas (Figure 2) with a total of 345 containerized trees and shrubs (Table 1). These areas will be planted at densities of either 100 stems/acre or 200 stems/acre, in order to exceed the success criteria of 260 stemstacre (USACE 2003). Boulders from the failed rock vane at station 0+00 on Mountain Creek (Figure 3 and 4) will be removed from the channel. A small rock vane will be installed on the right bank at station 0+00 in order to center the thalweg in the stream channel (Figure 5). Both stream banks will be re-shaped and a bankfull bench will be created based on 2002 design typicals (Figure 6). The boulders from station 0+00 will be used to protect the toe of the eroding left stream bank at station 7+90. The stream bank will be sloped down to the boulder toe protection (Figure 7). All of this work will be accomplished at the back of the inner berm and will not impact the wetted channel. 4 Commission staff will be on site at all times to supervise construction activities. Any modification in design due to changes in on-site conditions will be approved by the Commission designer. Equipment will only access the stream when absolutely necessary. Mountain Creek will be crossed twice at what appears to be an old crossing; once to access the area near station 0+00 and once to leave this work area. It has been determined that removing the rock vane will best be accomplished from the right stream bank. It is anticipated that all track hoe work can be accomplished from the top of the bank. All construction materials including rock, plants, and erosion control materials will be stockpiled at designated locations (Figure 3). To limit disturbance of soils, all equipment will travel along identified travel corridors. Disturbance of soils will be limited to only what work can be accomplished and stabilized on a daily basis. As a structure is completed, the site will be reshaped at a 2:1 slope, hand seeded with a temporary and permanent native seed mix (Table 2), mulched with straw and covered 700 ghn2 coir fiber erosion control matting (Figure 8). The matting will be anchored in place with 18in stakes. Disturbed floodplain terraces will be hand seeded with a temporary and permanent native seed mix and mulched with straw. The disturbed areas will be further stabilized with native trees and shrubs (Table 1) planted at a density of 450 stems/acre. The disturbed areas in the pasture will be seeded with a pasture seed mixture and mulched with straw (Table 2). Sediment and Erosion Control A Certificate of Plan Approval from the North Carolina Division of Land Resources, Land Quality Section is not required for this project because only 0.30 acre of land will be disturbed. However, standard erosion and sediment control practices will be used. We will access the property from Highway 18 on to an improved paved/gravel access road. Heavy equipment will be unloaded and loaded from this point and travel along an unimproved farm road to the stream repair site. Monitoring Vegetation and the stream repair will be monitored for two growing seasons, September 2011 and July 2012. Monitoring will consist of photographic documentation and planted vegetation stem counts to determine survivorship at four plots (Figure 9). A monitoring summary report will be produced at the end of each monitoring year. Project Schedule The project schedule depends on the date EEP issues a project agreement. The following is a tentative project timeline based on an estimated agreement execution date: • Scoping document and design plans to EEP • EEP issues project agreement and design plan approval • USACE, DWQ permit submittal February 2, 2011 February 4, 2011 February 21, 2011 5 + Woody vegetation plantings complete • Permits obtained • Site construction and final planting • As-built report • 2011 Monitoring and monitoring report • 2012 Monitoring and monitoring report March 15, 2011 March 18, 2011 April 30, 2011 May 30,2011 September 30, 2011 September 30, 2012 Conclusion Completion of this maintenance work will ensure adequate densities of woody vegetation and significantly reduce stream bank erosion and associated in-stream structure failure that is occurring on Mountain Creek. These repairs and improvements will contribute to ensuring the overall success of this restoration project and qualify it for closeout consideration by the regulatory agencies. References NCDWQ (North Carolina Division of Water Quality). 2003. Yadkin-Pee Dee River basin water quality plan. Raleigh, North Carolina. URS (URS Corporation-North Carolina). 2010. Big Warrior Creek stream restoration, 2009 final monitoring report, monitoring year 5. Morrisville, North Carolina. USACE (United States Army Corps of Engineers, Wilmington District, United States Environmental Protection Agency, North Carolina Wildlife Resources Commission, and North Carolina Division of Water Quality). 2003. Stream mitigation guidelines. 6 Figure 1.-Warrior Creek mitigation site vicinity map. e ? &I ' t 4 W Kerr Scott Reservoir _ i• 7,A, F Ilk x S- j xb\ x? 268 r r x? 1 '+^r t r\ s, / tl.4 t V` r 1 1. , !!'i' 1 -F Z r ? - --'77 4o- Boorner s? s _ w r l!' ? t r ?k Warrior Creek r Unnamed Tributary v - ankful n :- a f Mountain Creek r? / ? i Repair 40ft of eroding stream bank and e protect 60ft of the floodplain bench toe.` P Brn • Al7•K99 ,l ?"" i : ? G? 1 ,.. PMT-ear.. PrQa,eE - l b? t? ? C''&' Project: MMor Creek Monitoring Year: Figure 1 100 PMmdMPak DM Big M ll", NCzrseo ` Stream Restoration q 2008t Legend gl.w;;,s00 wakes County. Nc PMie& PAwh Project Vicinity Z'.EYri?'S?E'ili Project Number: Date: 0 0.5 1 00412 February 2009 Miles N zl! N hy?y a N W sb. r.:Asi? rq? krT f+.,, ?+?*F tMM iy? d?`t 4 ap _N E h i-i U O N Lr ?• 4, w ba q?? : ??? ";r S '??'"`?d`r?.`' \? `?` ? Sit ,. '``?'T?? s°.?: i. a s , \ Ile s' r p ?t 3n •'C9e• k ?r ??? ? ?'? ?? ? ? L \ eX ai'7r Gg N z . p„ a w 4 p N r ax Ll +? N ?8g ?=° U V adz v •o ? ?. U a ?'3W3 t L? R \ k C figure 3.-Warrior Creek mitigation site component map. Legend 1- ;; Unimproved farm road to entrance. ® Area of disturbance >y" >1:. + - ?--,; -+-+- Silt fence Bank sloping .10 y . . '? Use rock from failing vane to stabilize the.' t+ back end of the inner berm."' r Stockpile area TAI ` V Total Area of distUrbance is 0.3 acres. . _E x r 9 ? . yr! 011 dof PP ` o So? IMonta Alm 41 ^o in Creek , Remove existing failing rock vane, G, tf% W . install small rock vane on right bank, 4 •? reshape banks. e A,/ , Stockpile area 4 ,ra 100 • 'r50 y" 0 1A0.F et" Project Component Map. Warrior Creek Mitigation Site 7 EEP Project Number: 00412 66 ?' C()S felIl woes County, North Carolina 8 9 Figure 4.-Photographs of the two site on Mountain Creek with proposed repairs and bank sloping. tee. _ #' _"r , ..'R; -• . At, 5?. h+lYi ,. ` 4 Station 0+00: Remove boulders from channel. Install small rock vane, using one boulder along the right bank at station 0+0. Re-shape both banks and create a bankfull bench. Station 7+90: Install boulders along the toe of the eroding left bank and reshape bank to provide bank stability. 10 Figure 5.-Typical rock vane design. Typical rock vane structure showing plan and cross section views. NOTE: There should be no gaps between the rocks in the rock vane structure. The rock vane should have a 2 % to 7 % slope from the top of bankfull or inner berm bench to streambed. Rock size should range from 4 cu R. to 18 cu ft. Arm length will vary depending on size of stream. PLAN VIEW our ale CROSS-SECTION VIEW 11 Figure 6.-Typical riffle cross-section from 2002 design. F"SH GRADE AS SHOWN FNSN GRADE AS SHOWN ON GRADING PLANS 210' ON GRADING PLANS 5.0, TYWAL CwU SECTION - mmi MOUNTAIN CR. TMI STA. 0+00 - U+15 NOT TO SCALE FLASH GRADE AS SHOWN ON GRAOM PLANS TYMCAL CROSS SECTION - MM MIN AM MOUNMAIN CR. TIM STA. 0+00 - 24 +15 NOT T4 SCALE N b 0 0 0 ^o^ U w_ r m a L CY? i ?I Nag r n rp° \ Z W ?ir z fill JJ,JJ ` Wr9 `W ? G?W 4 N r ri w ui au 13 Figure 8.-Typical bank sloping and re-vegetation. Plant Rooted Trees_ 2-6 Plant Live Stakes and/or native shrubs ,Plant Herbaceous CCS OD . ?r O E O W 91 U ti O 3 y Ills. .. ef F R ?. 310 f`R . a b Mon f}ri A 4r R ?t ?a? S? 4` ' ` rO F 41 h `? P Y"'f i .yI• j i ` ??j f ..? M•1 r.r (0 U- u s ? ?? 5v ? .' i e aj., O A. - it P .• 5. w \ F` 53.A} '"e Mme` ?'?>? ? '?'". iPy? <" t? M ? `j? +? ,`aR yL $ y M!A .c ?e+y. 4 .!`': •??+w `5 T ? T ??'?( e?yy?5 ?'??' F. ? ? "l., ?. J opt` ? ' r4 ?' +w:°y '',, ;S?" 3 ;fs ?, .,. qfj \K?y.;'? '? y? ?' o "f?.? w iL \ . s 14 O Cs. _ a O r -AIM +" Fr ?i a ?r-t ?'fP?' ? r^>,pr q ?,., ?.'.?, 1??£.: ? ` ..?,.,? ? A ,?` l„v+s" ? ? • ?. l "J: CRS a•d' #7^yF"^r?t37 :r -t w,o,.+cq .ICds:> `h' ? ? T .+. Soo. -14 - cA 15 Fable 1. Planting Summary for Vegetation per Planting Zone. Planting Zone 1'- Maintain Creek R it Acres 0.04 Species Name Common Name Maximum Spacing Unit T d Size Stmtumr Individual Spacing Number of Stems Corns aronmm Silky dogwood 2 ft L 24 in Shrub 2 ft 150 Sa& serfcea Sil willow 2 ft L 24 in Shrub 2 ft 100 Physocarpus o li olius Ninebark loft R 5 gal Shrub loft 5 Salix sericea Silky willow 5 ft P 5 gal Shrub 5 ft 13 Subtotal 268 Planting Zone 2b- Mountain Creek Repair Acres 0.04 Species Name Common Name Maximum Spacing Unit Type Size Stratum Individual Spacing Number of Stems C inns carohniana Ironwood 10 ft P 1 gal. SSubcanopy 1011 8 Salix ni a Black willow 8 ft P 5 gal Shrub 8 ft 10 Subtotal 18 Planting Zone 3'- Warrior Creek Supplemental Plantin Acres 2.91 Species Name Common Name Maximum Spacing Unit Type Size Stratum Individual Spacing Number of Stems coma arbu ' olia Red chokeberry lift P 5 gal Shrub lift 50 Ca inns carolhdarra Ironwood lift P 5 gal SSubcanopy 11 ft 83 Ce halanthus occidentalts Button bush lift P 5 Ral Shrub lift 50 raxsmrs carokniana Carolina ashe lift P 5 Canopy lift 12 ysocwpus li olius Ninebark 11 ft R 5 gal Shrub lift 40 Quercus rubra Northern red oak lift P 5 gal Canopy lift 100 Salir nigra Black willow 10 ft P 5 gal Shrub loft 10 Subtotal 345 Total 631 Total Acres 2.99 'Zone 1- Mountain Creek stream repair from the waters edge to bankful. bZone 2 - Mountain Creek repair includes disturbed areas above the bankful elevation, including the floodplain. 'Zone 3 - Supplemental planting throughout the project as indicated in Figure 2. d Unit Type - L = Live stake, B = Ball & Budap, P = Potted or containerized material, R =Bare root, S = Seed. e Size - Length of Live stakes (in.), Caliber size of B&B material (in.), Pot size (2-3gal), Height of woody material (ft). rStratum - Herb, Shrub, Subcanopy, & Canopy 16 Table 2.-Seeding Summary for Sediment and Erosion Control by Community Type. CommunitVy Type: Ri arian Acres 0.08 Total Approved Date Species Name Common Name Stratum" Pounds Lolium multi orum Rye grain Herb 9.60 Bidens wistosa a Tickseed sunflower Herb 0.12 Coreo sis I&weolata ° Lance leaved coreo sis Herb 0.12 EI us vir 'nicus Vir ' a wild a Herb 0.36 Panicum vir atum Switch ass Herb 0.36 Pol ovum a lvanicum Penn lvania smartweed Herb 0.12 Rubeckia hirta o Black Fled susan Herb 0.12 Subtotal 10.80 Communi T e : Pasture Acres 0.22 Total Approved Date Species Name Common Name Stratum Pounds Lolium multi orum Rye grain Herb 26.4 Lolium arun&nacea Fescue Herb 13.2 Tri olium pretense Red clover Herb 2.2 Subtotal 41.80 Total 52.60 0.30 'North Carolina Ecotype bStratum - Herbaceous, Shrub, Subcanopy, & Canopy Substitutions may occur due to seed availability 16 Table 2.-Seeding Summary for Sediment and Erosion Control by Community Type. Community Type: Ri arian Acres 0.08 Total Approved Date Species Name Common Name Stratumb Pounds Lolium multi orum Rye grain Herb 9.60 Bidens aristosaa Tickseed sunflower Herb 0.12 Cored sis lanceolata a Lance leaved cored sis Herb 0.12 El us vir 'nicus Vir ' wild a Herb 0.36 Panicum vir atom Switch ass Herb 0.36 Pa ovum a lvanicum Pennsylvania smartweed Herb 0.12 Rubeckia hirta ° Black ed susan Herb 0.12 Subtotal 10.80 Community T e : Pasture Acres 0.22 Total A oved Date S cies Name Common Name Stratum Pounds Lolium multi orum Rye grain Herb 26.4 Lolium arun&nacea Fescue Herb 13.2 Tri olium pretense Red clover Herb 2.2 Subtotal 41.80 Total 52.60 0.30 'North Carolina Ecotype bStratum - Herbaceous, Shrub, Subcanopy, & Canopy Substitutions may occur due to seed availability N ()a- ISOLS 02. U.S. ARMY CORPS OF ENGINEERS Wilmington District Action ID: 200221489 County: Wilkes GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner NC Wetlands Restoration Pro ram Attn: Jeff Jurek Address 1619 Mail Service Center Raleigh, NC 27699-1619 Telephone Number 336-733-5208 Authorized Agent NA Address Telephone Number, Size and Location of Property (waterbody, Highway name/number, town, etc.): The project is located along Warrior Creek, southwest of Wilkesboro, Wilkes County, North Carolina. The site is located in the Yadkin River Basin. Description of Activity: This permit authorizes stream channel excavation and relocation, the placement of fill material (stream diversion plugs), and the installation of in-stream structures (including coir fiber rolls, log and rock vanes, root wads, riprap, etc.) associated with the construction of the Warrior Stream Restoration Project. Impacts to existing waters of the U.S. authorized by this permit total 9,200 linear feet of stream channel. See attached special conditions. Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only. Section 10 (River and Harbor Act of 1899) only. Authorization: Regional General Permit Number 27 Nationwide Permit Number Any violation of the conditions of the Regional General or Nationwide Permit referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army Regional General Permit or Nationwide Permit verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If you have any questions regarding the Corps of Engineers regulatory program, please contact Todd Tug_well at telephone number (919) 876 - 8441 extension 26 Regulatory Project Manager Signature Authorization Date October 4, 2002 Expiration Date October 4, 2004 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CF: Jennifer Frye, NCDWQ, WSRO, 585 Waughtown Street, Winston-Salem, NC 27107 Action ID: 200221489 County: Wilkes Special Conditions 1. This Nationwide Permit verification does not imply approval of the suitability of this property for compensatory wetland mitigation for any particular project. The use of any portion of this site as compensatory mitigation for a particular project will be determined during our public interest review and 404 (b) (1) Guidelines analysis during the permit review process for that project. 2. Appropriate measures shall be taken to reduce the risk of petroleum contamination, including the use of low- hour or new equipment for activities located within the streambed, and accessibility to emergency containment materials to prevent the migration of contaminants in the event of a spill.