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Home My WebLink About20120292 Ver 1_401 Application_2012031220120292 Division of Water Quality 401/Wetlands Unit 1650 Mail Service Center Raleigh, INC, 27699 -1650 Attention Division of Water Quality 401/Wetlands Unit Please note that this package includes two copies of the permit application, plans and supporting documentation instead of the required five At their request one copy each was sent directly to Monte Matthews U S Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive Suite 105 Wake Forest, North Carolina 27587 Sue Homewood North Carolina Division of Water Quality 585 Waughtown Street Winston- Salem, NC 27107 Dave McHenry North Carolina Wildlife Resources Commission Old Fish Hatchery 20830 Great Smokey Mountain Expressway Waynesville, NC 27286 D MAR 1 6 2012 DENR W ATER QUALITY @ilantoo k 06--. z 5�� The stream restoration project covered by this application is associated with a national training course being sponsored by Pilot View RC &D The course and start of construction are scheduled for June 4 2012 Sincerely, Rocky Powell Clear Creeks Consulting (Agent) O�O� W A T�cX T. 20120292 Office Use Only Corps action ID no DWQ project no Form Vernon 13 Dec 10 2008 Page 1 of 11 PCN Form — Version 1 3 December 10 2008 Version Pre - Construction Notification PC Form - FAK A Applicant Information 1 Processing 1 a Type(s) of approval sought from the Corps ®Section 404 Permit El Section 10 Permit 1 b Specify Nationwide Permit (NWP) number NW 27 and NW 33 or General Permit (GP) number --FN—Yes 1 c Has the NWP or GP number been venfied by the Corpse ❑ 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 le 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 N 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 1h Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No _2 Project Information 2a Name of project Saddle Mountain Creek Stream Restoration 2b County Sury 2c Nearest municipality / town Dobson 2d Subdivision name NA 2e NCDOT only T I P or state project no 3 Owner Information 3a Name(s) on Recorded Deed Arcadia LLC loll 3b Deed Book and Page No Book 0511 and Page 1434 3c Responsible Party (for LLC if applicable) MAN 1 �2 3d Street address P O Box 2611 DENR WATER ouAUTY 3e City state zip Raleigh NC 27602 ' 3f Telephone no 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 4c Business name (if applicable) 4d Street address 4e City state zip 4f Telephone no 4g Fax no 4h Email address 5 Agent/Consultant Information (if applicable) 5a Name Rocky Powell 5b Business name (if applicable) Clear Creeks Consulting LLC 5c Street address 1317 Knopp Road 5d City state zip Jarrettsvdle MD 21084 5e Telephone no (410) 692 2164 5f Fax no 5g Email address clearcreeks @zoomintemet net 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) 4929 00 81 8126 Latitude 36 26 232 N Longitude lb Site coordinates (in decimal degrees) 80 54 696 W (DD DDDDDD) ( DD DDDDDD) 1c Property size 1149 7 acres 2 Surface Waters 2a Name of nearest body of water (stream river etc ) to Mitchell River proposed project 2b Water Quality Classification of nearest receiving water B Tr ORW 2c River basin Yadkin River 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 dominant land use in the watershed is forest and agriculture The project site is agriculture — pasture for livestock grazing cropland and large wood lots 3b List the total estimated acreage of all existing wetlands on the property 0 0 acres 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 13 000 3d Explain the purpose of the proposed project The restoration effort along Saddle Mountain Creek is intended protect the embankment of the pond in the adjacent floodplain reduce sediment loadings from eroding streambanks improve overall water quality in Saddle Mountain Creek and the Mitchell River and improve in stream habitat 3e Describe the overall project in detail including the type of equipment to be used In the 1950 s the lower reaches of Saddle Mountain Creek were impacted by the construction of a recreational fishing pond located along the floodplain between Chadric Creek and Saddle Mountain Creek Construction of the pond required channelization and straightening and confined the creek between the pond embankment and the adjacent hdlslopes In the 1990 s timber clear -cuts in the upper watershed created unstable channel conditions and contributed to significant sedimentation and channel adjustments The restoration of 2200 LF of along Saddle Mountain Creek includes stabilizing eroding streambanks relocating the channel away from steep fading hdlslopes reconnecting the channel with the floodplain providing a more regular plan form along reaches where meander bends are extremely tight and modifying channel cross sections to improve habitat and sediment transport capacity and installing in stream structures to provide grade control divert flow away from the stabilized banks and create in stream habitat Construction will involve the use of tracked excavators tracked trucks loaders and dump trucks Page 3 of 11 PCN Form — Version 1 3 December 10 2008 Version 4 Jurisdictional Determinations 4a Have lunsdictional 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 A pre application meeting was held on site January 18 2012 to present the project to the permitting agencies The following persons were in attendance Mr Monte Matthews USACOE Ms Sue Homewood NCDWQ Mr Dave McHenry NCWRC Mr Mark Fowlkes NCWRC Mr Dick Everhart South Fork Environmental and Mr Rocky Powell Clear Creeks Consulting At the request of Monte Matthews several areas on site were evaluated for wetland conditions Subsequent evaluation determined that there are no wetlands on site 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 6 Future Project Plans 6a Is this a phased project? ❑ Yes ® No 6b If yes explain Page 4 of 11 PCN Form — Version 1 3 December 10 2008 Version C Proposed Impacts Inventory 1 Impacts Summary la 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 ❑ Yes ❑ Corps W1 ❑ P ❑ T ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ 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 stream bank Saddle Mountain ® PER ® Corps 25 1400 grading Creek El INT ® DWQ S2 ®P ❑ T channel relocation ® PER ❑ INT ® Corps ® DWQ 25 550 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 1950 31 Comments 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 tnbutanes 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 pond 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 517 Total 5g Comments 5h Is a dam high hazard permit required ❑ Yes ❑ No If yes permit ID no 51 Expected pond surface area (acres) 51 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 any impacts require mitigation then you MUST fill out Section D of this form 6a ❑ Neuse El Tar Pamlico ❑Other Project is in which protected basin? ❑ Catawba ❑ Randleman 6b 6c 6d 6e 6f 6g 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 El Yes ❑ No B2 ❑P ❑T El Yes ❑ No B3 ❑P ❑T El Yes ❑ No 6h Total buffer impacts 61 Comments Page 6 of 11 PCN Form — Version 1 3 December 10 2008 Version D Impact Justification and Mitigation 1 Avoidance and Minimization la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project Since the purpose of the project is to restore the 1950 LF of the existing stream channel it was not possible to avoid the impacts 1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques 1) Grading of streambanks will be conducted from the top of the adjacent floodplain or terrace 2) Construction of the relocated channel sections will proceed in the dry after which baseflow will be diverted to the new channel and the old channel will be backfilled 3) Shrubs around the perimeter of the fishing pond will be harvested for transplanting along the restored streambanks and newly created channel to provide immediate stabilization 2 Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State 2a Does the project require Compensatory Mitigation for impacts to Waters of the U S or Waters of the State ❑ Yes ® No 2b If yes mitigation is required by (check all that apply) ❑ DWQ ❑ Corps 2c If yes which mitigation option will be used for this projects ❑ Mitigation bank El Payment to in lieu fee program ❑ Permittee Responsible Mitigation 3 Complete if Using a Mitigation Bank 3a Name of Mitigation Bank ---JType 3b Credits Purchased (attach receipt and letter) Quantity 3c Comments 4 Complete if Making a Payment to In lieu Fee Program 4a Approval letter from in lieu fee program is attached ❑ Yes 4b Stream mitigation requested linear feet 4c If using stream mitigation stream temperature ❑ warm ❑ cool ❑cold 4d Buffer mitigation requested (DWQ only) square feet 4e Riparian wetland mitigation requested acres 4f Non riparian wetland mitigation requested acres 4g Coastal (tidal) wetland mitigation requested acres 4h Comments 5 Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan provide a description of the proposed mitigation plan Page 7 of 11 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 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 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% 2b Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c If this project DOES NOT require a Stormwater Management Plan explain why Stream restoration on rural agricultural land 2d If this project DOES require a Stormwater Management Plan then provide a brief narrative description of the plan ❑ Certified Local Government 2e Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3 Certified Local Government Stormwater Review 3a In which local government s jurisdiction is this project? ❑ Phase II 3b Which of the following locally implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4 DWQ Stormwater Program Review ❑ Coastal counties ❑ 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 9 of 11 PCN Form — Vernon 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)? is 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 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? El 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? Kin Hodges North Carolina Wildlife Resource Commission completed a site visit in Augus 2011 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? Kin Hodges North Carolina Wildlife Commission completed a site visit in Augus 2011 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? Contacted Dolores Hall Deputy State Archaeologist who confirmed there are no archaeological resources on site Contacted Justin Kockntz NC Historic Preservation Office to evaluate historic resource issues who confirmed there are no historical resources on site 8 Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA designated 100 year floodplain? El No 8b If yes explain how project meets FEMA requirements 8c What source(s) did you use to make the floodplain determination? Reviewed NCFIoodMaps com Rocky Powell March 13 2012 Applicant/Agent s Printed Name Date Applicant/A ent s Signature (Agent s signature is valid only if an authorization letter from the applicant is provided Page 11 of 11 PCN Form — Version 1 3 December 10 2008 Version yJ ado o,o9 WENS srEiron no DR _ Saddle ' i J _ Mt i / f> Al / .L Y v ; e" (tC" {..ern, Knob i _ a a _ 1 r<" ` - Uevotiun Name: ROARING GAP Location: 036 128'05.6" N 080 °56'12.5" W Date: 5/28/2011 Caption: Saddle Mountain Creek Scale: 1 inch equals 2666 feet Drainage Area = 4.53 sq. miles Surry County, NC Copyright (C) 1997, Maptech. Inc August 30 2011 Attn North Carolina Division of Water Quality This letter authorizes Rocky Powell Clear Creeks Consulting to act as my agent in obtaining state and federal permits to implement the restoration of Chadric Creek on my property in Devotion North Carolina Sincerely North Carolina Department of Cultural Resources State Historic Preservation Office R trio M B trto Adnu u t to B h E P d Go Lu d A C It I S t n- ,jit J C o Dpt)S t, October 4 2011 Rock) Powell Clear Creeks Consulting LLC 1317 Knopp Road Jarettsville MD 21084 Oth of A lu d H to D o t H to al R D d B ooh., D to Re Saddle Mountain Creek and Chadric Creek Stream Restoration Surr) Count) ER 11 1837 Dear Mr Powell Thank 3 o for your email of September 13 2011 concerning the above project There are no known archaeological sites widen the proposed project area Based on our kno« ledge of the area it is unlikely that anS archaeological resources that ma) be eligible foi inclusion in the National Register of Historic Places will be affected b) the project We therefore recommend that no archaeological investigation be conducted in connection with this project This project is located within the Devotion Rural I-Mstoric District which has been determined eligible for listing in the National Register of Historic Places HOweN er the proposed ,, ork which includes stabilizing creek banks da) lighting existing piped sections of the creek restoring in stream habitats and remo-, ing die old low head dam will ha-, a no adz erse effect on historic properties The above comments are made pursuant to Section 106 of the National Historic Preser, ation Act and the Adx isory Council on Historic Preservation s Regulations for Compliance a ith Section 106 codified at 36 CFR Part 800 Thank you for your cooperation and consideration If ) ou haA e questions concerning the abox a comment please contact Renee Gledhill Earle) em ironmental re-, new coordinator at 919 807 6579 In all future communication concerning this project please cite the abox e referenced tracking number Siincerel) 6T,(Ramona M Bartos i.ocat on IM L stones Street R le gh \C 7601 Ma hng Address 4617 XFW Sen cc Cc tte Rile gh \C)7699 4617 T 1 ph ne /Fa (919) 807 6 70/807 6599 [Type text) From Hall Dolores <dolores hall @ncdcr gov> To clearcreeks @zoominternet net <ciearcreeks @zoommtemet net> Received Fn 09/09/11 1143 AM Subject RE Chadnck Creek and Saddle Mountain Creek Stream Restoration Project Priority Normal I have looked at our maps and files for archaeological resources We have no recorded archaeological sites and it is not likely that your stream restoration will affect any archaeological resources However you will likely have to check with the staff of the Survey and Planning Branch about reviewing your project as well as it is located within the boundaries of the Devotion Rural Historic District which was determined eligible for the National Register of Historic Places in 2005 You may want to checkout their web site which has GIS layers which will show you the boundaries of the district and other information While your project might not have an effect you will need to consult with them for their determination Dolores A Hall Deputy State Archaeologist Land Office of State Archaeology 4619 Mail Service Center Raleigh NC 27699 -4619 (919) 807 6553 (919) 715 2671 (Fax) As of October 22 2008 my new email address is dolores halla -ncdcr gov E Mail to and from me in connection with the transaction of public business is subject to the North Carolina Public Records Law and may be disclosed to third parties From clearcreeks @zoominternet net [mailto clearcreeks @zoominternet net] Sent Friday, September 09, 2011 11 00 AM To Hall, Dolores Subject Chadrick Creek and Saddle Mountain Creek Stream Restoration Project Ms Hall Per our conversation I in forwarding a project description and location maps for the above referenced project For Corps and DWQ permitting I need confirmation that there are no historic or archaeological issues in our project area Thanks for your assistance Regards Rocky Powell