20070494 Ver 1_More Info Received_20070616

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RE~I=IVED
Natural Resources
Restoration & Consetvation
April 16, 2007
North Carolina Department of Environment
And Natural Resources
Division of Water Quality - ~- ~ r' '- t ` '1
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401 Oversight and Express Permits Unit _: ~:~~
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Mail Service Center 1650 :,
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Raleigh, North Carolina 27699-1650 _,,,k,,,;,
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ATTN: Eric Kulz
SUBJECT: Revision of PCN for Morgan Creek Mitigation Project in Haywood County
The enclosed PCN for the Morgan Creek project reflects revised stream dimensions. Incorrect
values were inadvertently used in the original PCN and application cover letter. I apologize for
the, errors. I also appreciate the time and effort you have invested in meeting with me and with
Rebecca Wargo, our Design Project Manager from Soil & Environmental Consultants. Your
cooperation has been greatly appreciated.
It is my understanding that, with the receipt of the revised PCN, and following discussions you
had with our designer, all of your concerns about the project have been satisfactorily resolved.
Your further assistance in expediting your final review and approval is respectfully requested to
meet construction and planting schedules. Should you have any questions about the project,
please call me at 919-755-9490. Thank you.
Sincerely,
/~~/
M. Randall Turner
Restoration Systems, LLC
1101 Haynes Street, Suite 107
Raleigh, NC 27604
Attachment
Pilot Mill • 1101 Haynes St., Suite 107 • Raleigh, NC 27604 • www.restorationsystems.com • Phone [phone] • Fax [phone]

Office Use Only: Form Version March OS
USACE Action ID No. DWQ No. ~ ~ - '~ ~`}' 9 ~}
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing PAYMENT
RECEIVED
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit 27
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^ N/A
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^ N/A
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here. ^
~,- ~
II. Applicant Information ~~~~, ~ " ~ ) j i~1
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1. Owner/Applicant Information
Name: John Pre er ~~~ ~,..d ,;~~_~~~s~
Mailing Address: Restoration Systems, LLC
1101 Haynes Street
Suite 107
Raleigh, North Carolina 27604
Telephone Number: 919-755-9490 Fax Number: 919-755-9492
E-mail Address: jpreyer(a~restorationsvstems.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: M. Randall Turner
Company Affiliation: Restoration Systems, LLC
Mailing Address: 1101 Haynes Street, Suite 107, Raleigh, North Carolina 27604
Telephone Number: [phone] Fax_Number: (919755-9492
E-mail Address: randy(a~restorationsystems.com
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III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Morgan Creek Stream and Wetland Restoration Project
2. T.LP. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): OSA8722-68-4970 and OSA8722-66-6784
4. Location
County: Haywood Nearest Town: Waynesville
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Waynesville
travel west on I-40 to exit 15; turn right on Fines Creek Road and travel +/- 3 miles;
turn left onto Kirkpatrick Road (lust past Fines Creek SchooULibrary); Morgan's
Creek is on right.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.6884 °N 82.9533 °W
6. Property size (acres): 10.24
7. Name of nearest receiving body of water: Fines Creek
8. River Basin: French Broad River Basin
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project at the
time of this application: Site is a narrowly defined, 10.25 acre easement, which is oriented
north-to- south along the eastern boundary of a narrow valley. Kirkpatrick Road (SR
1340), oriented north- to-south, lies iust to the west of the western boundary of the
easement. The land use within the easement and beyond is predominately agriculture,
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including hay production and cattle gazing. Stream scape is severely impacted by
cattle activity. A few residential sites are located adjacent to the project easement.
Relatively undisturbed woodland lies north and east of the site.
10. Describe the overall project in detail, including the type of equipment to be used: The primary
objectives of this restoration project are to reestablish historic natural stream and
wetland attributes. The existing stream reaches are highly degraded and historic
riparian wetlands have been lost to past and present land use practices. Targeted
stream reaches will be restored, using Rosgen Priority 1 methodologies, which will
reestablish hydraulic connectivity to the adjacent floodplain. Efforts will restore
aquatic habitats, stable riffle-pool complexes and appropriate geomorphic character
based on attributes found in reference systems. Planting of riparian buffers on both
sides of stream and installation of cattle exclusion fencing will reestablish functional
wildlife habitat, water quality buffering and will protect the stream from cattle
encroachment. Work proposed will include belt-width preparation and grading,
floodplain bench excavation, channel excavation, installation of in-stream structures,
and backfilling of the abandoned channel. Temporary pump-around methods will be
used since existing and proposed channels are so tightly juxtaposed in several locations.
Finally, following completion of channel work and floodplain grading activities, buffer
and wetland plantings will be established.
Equipment that will be utilized to implement the restoration plan may include, but is
not limited to track hoes, front end loader, tracked dump trucks, and bulldozers.
11. Explain the purpose of the proposed work: Restoration Systems is proposing stream and
wetland restoration at the Morgan Creek Restoration Site as a full delivery project to
assist the North Carolina Ecosystem Enhancement Program in fulfilling its goals.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
No previous permits have been obtained or requested for this project.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No additional permit requests are anticipated.
VI. Proposed Impacts to Waters of the United States/Waters of the State
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It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below.
1. Provide a written description of the proposed impacts: Four stream reaches, including a
portion of Morgan Creek and three unnamed tributaries to Morgan Creek will be
impacted as part of the Proiect restoration efforts. Proposed impacts to these stream
reaches are: Reach 1 (3,064 lf); Reach 2 (385 lf); Reach 3 (270 lf) and Reach 4 (310 lf).
Proiect site contains 14 small wetland area, remnants of a much larger, multi-acre
wetland matrix. If combined, these small wetlands would occupy 1.286 acres of land
area. Of this area, the proposed Proiect will unavoidably impact approximately 0.66
acre of wetland. It is important to point out that stream restoration will actually
increase stream length by 979 lf. Existing wetland pockets are mostly sites that are
heavily trodden by cattle. Proiect restoration efforts will Provide functionality to more
than 4 acres of jurisdictional wetlands.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number Type of Impact (Fill
or Cut) Type of Wetland
(forested, herbaceous, etc.) In 100-year
Floodplain (y/n)? Distance to
Stream (lf) .Area of Impact
(ac)
1 Cut Forested N/A <1' 0.015
2 Cut Forested/Disturbed N/A <1' 0.097
2A Cut Herbaceous N/A <1' 0.198
3 Cut Herbaceous N/A <2' 0.023
4 Fill Herbaceous N/A <1' 0.014
5 Cut Herbaceous N/A 25' 0.019
6 Fill Herbaceous N/A <1' 0.008
6A Cut Herbaceous N/A 75' 0
7 Fill Herbaceous N/A 125' 0.096
7A Cut Herbaceous N/A <1' 0
8 Fill Herbaceous N/A <1' 0.056
9 Fill Herbaceous N/A <1' 0.017
10 Cut Herbaceous N/A <I' 0.070
11 Cut Herbaceous/Forested N/A <1' 0.050
Total Wetland Impact (acres) 0.663
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3. List the total acreage (estimated) of all existing wetlands on the property: 1.286
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
Perennial 07
Intermittent. Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)
Reach 1 Morgan Creek Fill Perennial 10 3064 0.703
Reach 2 Unnamed Trib Fill Perennial 6 385 0.053
Reach 3 Unnamed Trib Fill Perennial 5 270 0.031
Reach 4 Unnamed Trib Fill Perennial 4 310 0.028
Total Stream Impact (by length and acreage) 4029 0.815
s. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc. N/A
Open Water Impact
Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, Impact
(indicate on ma) ba ,ocean, etc.) (acres)

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.815
Wetland Impact (acres): 0.663
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.815
Total Stream Impact (linear feet): 4029
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
N/A
Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
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Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. Existing, degraded stream
channels will be restored using Rosgen Priority 1 methods. Work will impact 4,029 if of
impaired stream reaches, including Morgan Creek Mainstem and 3 unnamed tribs.
Resulting length of restored stream channels will increase to 5,008 If. In addition stream
restoration will facilitate restoration of more than 4 acres of riparian wetlands, while 0.66
acre of wetland will be impacted.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
httL://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
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and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
N/A
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes (funds from FHWA); No federal lands
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ® No ^
A CE document has been prepared per FHWA guidance (See Appendix F in Restoration Plan)
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No
See attached letter from the NCEEP.
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
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1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multinliers. N/A
* Impact Required
Zone „ _ r ~~ Multiplier ,~,~;+;,,,,«;,,,,
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
Stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. No impervious surface currently exists within
the Site and no impervious surface will result from the restoration activities. A sediment
and erosion control plan approval will be obtained from the Division of Land Quality prior
to construction.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
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Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
The primary goals of this stream and wetland restoration project focus on improving water
quality, enhancing flood attenuation, and restoring aquatic and riparian habitat.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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