HomeMy WebLinkAbout20071055 Ver 1_Application_20070615200?105
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June 15, 2007
U. S. Army Corps of Engineers
Washington Regulatory Field Office PAYMENT
107 Union Drive
Washington, NC 27889 RECEIVED
ATTN: Bill Biddlecome, Regulatory Project Manager
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SUBJECT: Application for Nationwide 27 Authorization for the Implementation of the
Cutawhiskie Creek Stream and Wetland Restoration Project in Hertford County
Please find enclosed with this letter the following items:
1) Preconstruction Notification (PCN) Form (6 copies to DWQ);
2) Conservation easement plat (6 copies to DWQ);
3) Detailed Wetland Restoration Plan (6 copies to DWQ), including Categorical Exclusion
4) Restoration Plan Approval Letter from NCEEP (6 copies to DWQ);
5) Letters from SHPO and DCM;
6) Jurisdictional Wetland Delineation Plat and data sheets
7) Check in the amount of $475.00 (DWQ only)
ProLct Purpose and Description
The purpose of this letter is to provide you with information concerning the Cutawhiskie Creek
Stream and Wetland Restoration Site (SITE). The owner/applicant, Restoration Systems, LLC
(RS), is proposing stream and wetland restoration and stream preservation at the Site to assist the
North Carolina Ecosystem Enhancement Program (EEP) in fulfilling its mitigation goals in the
Chowan River Basin Cataloging Unit 03010204. The SITE is located approximately 9 miles
southwest of Murfreesboro within the USGS Hydrological Unit 0301020400010 (North Carolina
Division of Water Quality [NCDWQ] Subbasin 03-01-02) of the Chowan River Basin (Figures
1, 2). The SITE is characterized by forest fringes, cleared land and agricultural land; although no
portion of the restoration reach will require reduction of forest habitat. Under existing conditions,
the unnamed tributary targeted for restoration is highly incised with moderately eroding
embankments. Agricultural practices constitute point sources of pollution and on-going
sedimentation/erosion particularly along the upper reaches of the restoration channel. Additional
stream impacts include changes in stream power, sediment transport and loss of characteristic
riffle/pool complex morphology. Site floodplains and historical wetlands have been impacted by
deforestation, vegetation maintenance, agricultural chemical application, stream channelization,
and groundwater draw-down from stream channel downcutting. Spoil deposition from historical
dredging operations has been deposited adjacent to the channel. Land use within the upstream
watershed is very similar to that in the immediate project area...rural agricultural and scattered
Pilot Mill • 1101 Haynes St., Suite 107 • Raleigh, NC 2760-1 • www.resturationsystems.cum • Phone 919.755.9-190 • Fax 919.755.0=t92
Bill Biddlecome, USACE
June 15, 2007
Page 2
residential sites interspersed with narrow bands of forest. Less than 10% of the watershed is
impervious.
Insofar as the recent draft guidance on stream restoration, this project conforms to the spirit and
intent of the guidance in terms of meeting the criteria for site selection and design. The channel
is a verifiable stream and not a drainage ditch based on USGS and NRCS mapping and local
contours. Furthermore, the channel is highly incised, has been dredged, and its present
geomorphology precludes normal hydrological interaction with the adjacent floodplain. Finally,
the site was selected, in part, because the restoration activities will not result in disturbances to a
forested community and a positive ecological lift will result from the proposed restoration.
The primary goals of this restoration plan include restoring historic stream and wetland functions
that existed prior to dredging and agricultural activities by (1) reestablishment of an adjacent
floodplain and relocation of a new stream channel within that floodplain; (2) construction of a
stable stream channel with riffle-pool complexes; (3) reintroduction of natural surface water
flood hydrodynamics; and reestablishment of wood wetland and buffer communities along both
sides of restored channel. Obviously such work will result in positive ecological changes,
including the addition of long-lost wetland functions, water quality effects, wildlife and aquatic
habitat enhancements and flood attenuation. The proposed restoration plan is expected to
produce approximately 2,820 stream mitigation units (SMUs) from the restoration of the
unnamed SITE tributary to Cutawhiskie Creek, and approximately 13.7 riparian (riverine)
wetland mitigation units (WMUs) from the restoration and enhancement of floodplain wetlands.
Proposed preservation of 2,790 LF of Cutawhiskie Creek will result in an additiona1558 SMUs.
Project Impacts to Jurisdictional Areas
Approximately 2,080 LF of the unnamed tributary to Cutawhiskie Creek will be filled following
construction of the new, restored channel. The proposed channel will result in a stream length of
2,820 LF. The project will not impact the main channel of Cutawhiskie Creek. In addition to
stream impacts, restoration activities will result in impacts to approximately 0.80 acre of
disturbed riparian wetland within the footprint of the new channel construction. Upon
completion of the work, more than 13 acres of wetlands will be restored to functionality.
Justifications for Project Impacts to Jurisdictional Areas
Proposed restoration activities will increase total stream length by more than 700 LF and will
result in significant increases in stream aquatic community functionality. Furthermore, as the
result of stream channel restoration, wetland hydrology will be restored to approximately 13
acres of wetlands that are presently buried beneath dredging spoil, or have been deprived of
adequate hydrology due to past channel manipulation.
Protected Species
The Endangered Species Act of 1973 (ESA), as amended, requires federal actions to consult with
the Fish and Wildlife Service (Service) under Section 7 of the ESA should potential conflicts
Bill Biddlecome, USACE
June 15, 2007
Page 3
between the proposed action and listed species (those protected by law) potentially exist.
Species with the status of FSC (Federal Species of Concern) are not afforded protection under
the ESA. These species are under consideration for listing, but insufficient information is
available to justify listing at this time. Based on the most recently updated (May 10, 2007)
county-by-county database of federally listed species in North Carolina posted by the USFWS at
http://nc-es.fws.gov/es/count fr.html, the dreaded, endangered red-cockaded woodpecker
(Picoides borealis) is the only listed species for Hertford County. The American eel and the
chowanoke crayfish are listed as FSC species.
The red-cockaded woodpecker (RCW) occupies pine-dominated forests, in which the pine
component is at least 30 years old. Nest trees are typically 60 years old, or older pine trees. The
project actions will not result in the loss of forested habitat of any type; therefore it is reasonable
to conclude the project will have No Effect on the dreaded RCW.
Cultural Resources
The term "cultural resources" refers to prehistoric or historic archaeological sites, structures, or
artifact deposits over 50 years old. "Significant" cultural resources are those that are eligible or
potentially eligible for inclusion in the National Register of Historic Places. Evaluations of
significance are made with reference to the eligibility criteria of the National Register (36 CFR
60) and in consultation with the North Carolina State Historic Preservation Office (SHPO).
RS submitted a letter to the State Historic Preservation Officer (SHPO) on August 1, 2006,
requesting a search be conducted of archival records for the SITE. SHPO responded on
September 15, 2006 that no known recorded archaeological sites occur within the SITE and
recommended that no further investigation be conducted. This documentation provides
confirmation that the project is in compliance with Section 106 of the National Historic
Preservation Act and the Advisory Council on Historic Preservation's Regulations for
Compliance with Section 106 codified at 36 CFR Part 800.
Your time and consideration in reviewing the enclosed material is greatly appreciated. Should
you have any questions about the project, please call me at 919-755-9490. Thank you.
Sincerely,
~~~~~~
M. Randall Turner
cc: Cyndi Karoly, NCDWQ (6 copies)
Enclosures
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May I5, 2007
Restoration Systems, LLC
Attn: Jay St. Clair
1101 Haynes Street, Suite 107
Raleigh, North Carolina 27604
Subject: Cutawhiskie Creek Stream and Wetland Restoration Site
Chowan River Basin -Cataloging Unit 03010204
Hertford County
Contract # D06066-A
Dear Mr. St. Clair:
In January 2007, Restoration Systems, LLC submitted the subject Restoration Plan for the Cutawhiskie
Creek Stream and Wetland Restoration Full Delivery Project. The plan proposes to restore a 2,820 ft.
section of an unnamed tributary to Cutawhiskie Creek, preserve a 2,790 ft. section of Cutawhiskie Creek,
and to restore 13. L acres and enhance 1.2 acres of riparian wetland. Appropriate vegetation will be
planted in the restored wetland and along the stream's riparian corridor. Successful completion of the
project will improve water quality by protecting aquatic resources both onsite and downstream of the
project through reductions in nutrient and sediment inputs from adjacent agricultural land, and by
providing a more natural habitat both along the stream corridor and in the restored wetland.
The Ecosystem Enhancement Program (EEP) has completed its review of the restoration plan and has no
additional comments at this time. Please proceed with acquiring all necessary permits and/or
certifications and complete the implementation of the earthwork portion of the mitigation project (Task
4). A copy of this letter should be included with your 401/404 permit applications.
For the purpose of obtaining approval of the erosion and sedimentation control plan for this project, I
have also attached a memorandum confirming that Restoration Systems, LLC is the Owner and
Financially Responsible Party, and has fi-Il operational control for all matters pertaining to construction of
this p-•oject. Please sign and attach this memorandum to the Financial Responsibility/Ownership form of
the erosion and sedimentation control plan application. Failure to do so may delay approval of the plan.
If you have any questions, or wish to discuss this matter fiirther, please contact me at (919) 715-1656 or
email at g~~~earce~c~ncmaiLnet.
Sincerely,
1
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Guy C. Pearce
EEP Full Delivery Program Supervisor
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PA.I 2007 05~
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
II.
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
~. 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), che~k~e~~ ,,;°~ ~ '~~ s
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Applicant Information '~'"'
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Owner/Applicant Information '',a b~u~. ~ 3 ~ n'r~s ~~~
Name: John Preyer ~vf Y~l . ~~' ~~ `~'~ ~~ ~"r~'"sP,lai~lCFi
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: ipreyer(a~restorationsystems.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: (919) 755-9490 Fax Number: (919) 755-9492
E-mail Address: randy~restorationsystems.com
Updated I l/1/2005
Page 1 of 8
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: Cutawhiskie 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):5934942185, 5944147803, 5944147803, 5944212284
4. Location
County: Hertford Nearest Town: Woodland (Northhampton Co)
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Raleigh proceed
east on US 64 to US 258 at Princeville; proceed north on US 258 through Woodland
(Northhampton County) to Mineola Road; turn right on Mineola Road and right again
on Jim Hardy Road; bridge over Cutawhiskie Creek lies 1.1 miles ahead
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): 36.3292°N 77.1645°W
6. Property size (acres): 22.85
7. Name of nearest receiving body of water: Cutawhiskie Creek
8. River Basin: Chowan River
(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 subset of a much larger agricultural field complex in
which row crops are grown was grown. Pine-mixed hardwood forest lies adiacent to
one side of the unnamed tributary and completely encloses the reach of Cutawhiskie
Updated l l/I/2001
Page 2 of 8
Creek within the proiect boundaries. One side of the unnamed tributary is occupied by
agricultural fields and a cutover tract with hydric soils.
10. Describe the overall project in detail, including the type of equipment to be used: The primary
objectives of this proiect are to restore and enhance existing degraded stream channel
and to restore/enhance wetland functionality to approximately 13 acres of hydric soils.
Efforts will reestablish pattern, profile and dimension in highly modified (straightened,
entrenched) tributary channel that will ensure long term stability and ecological
functionality to stream. Approximately 13 acres of drained hydric soils within the
cutover tract will be restored as jurisdictional wetlands by restoring historical
floodplain hydrological exchanges from new stream channel design. An additional 1.2
acre of existing wetland will be enhanced by surface soil conditioning and planting.
Riparian buffers including over 14 acres of wetland forested communities will be
planted, which will add significant ecological relevance to this headwater ecosystem.
Monitoring activities, including vegetation, hydrology and stream geomorphics will
follow implementation.
Equipment that will be utilized to implement the restoration plan may include, but is
not limited to tracked backhoes, front end loader, tracked dump trucks, and bulldozers.
11. Explain the purpose of the proposed work: Restoration Systems is proposing stream and
wetland restoration, wetland enhancement and stream preservation at the Cutawhiskie
Creek Site as a full delivery proiect to assist the North Carolina Ecosystem
Enhancement Program in fulfilling its mitigation goals for the Chowan River Basin.
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
rp oject•
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.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
Updated 1 I/I/?OOi
Page 3 of 8
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: A single unnamed tributary stream
will be filled following construction and stabilization of new channel. Total impacts will
be 2,080 lf, although more than 2,820 if of channel will be restored to a higher level of
functionality. In addition, approximately 0.8 acre of existing wetland will be filled
during construction of the new channel, but total restoration work will result in an
increase of more than 13 acres of wetland at the site.
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. 0 impacts
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
( es/no) (linear feet)
Wetland A Fill Herbaceous 0 0.008
Wetland C Cut Herbaceous 100 0.11
Wetland D Cut Woody Cutover 50-100 0.68
Total Wetland Impact (acres) 0.798
3. List the total acreage (estimated) of all existing wetlands on the property: 2
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
Type of
Perennial or Average Impact Area of
Number Stream Name Impact Intermittent? Stream Width Length Impact
(indicate on ma) Before Im act (linear feet) (acres)
Unnamed Trib to Fill Perennial 35 ft 2,080 1.67
Cutawhiskie Crk
Total Stream Impact (by length and acreage) 2,080 1.67
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc. N/A
Updated I I / 1 /2005
Page 4 of 8
Open Water Impact
Name of Waterbody Type of Waterbody Area of
Site Number
(if applicable) T e of Im act
yp P
(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 fmm the nrn;ect•
Stream Impact (acres): 1.67
Wetland Impact (acres): O,g
Open Water Impact (acres): p
Total Impact to Waters of the U.S. (acres) 2.47
Total Stream Impact (linear feet): 2,080
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
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
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. ImpactJustification (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. An existing, degraded stream
channel and a complex of drained wetlands {_13.1 acres) will be restored and some (1.2
acres) existing wetlands that have been denuded by logging operations will be enhanced In
order to accomplish the work required, the channel is being restored to its valley location,
which will unavoidably impact 0.68 acre of wetland. Filling of the existing channel
following construction of new channel will unavoidably impact approximately 1.2 acres of
wetlands within existing drainage features. Furthermore, additional wetland areas will
Updated 11/1/2005
Page 5 of 8
form in portions of the old channel that will only be partially backfilled to encourage the
development of wet pockets.
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
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
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
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at 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): N/A
Updated I UI/200>
Page 6 of 8
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount ofNon-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
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 aNEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ® No ^
A CE document has been prepared per FHWA guidance (See Appendix C 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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), I SA NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers. N/A
* I Im act
Zone (square feet) Multiplier M ti~eatie~
I 3 (2 for Catawba)
~ 1.5
Total
* Zone I extends out 30 feet perpendicular from the top of the near bank of channel; "Lone 2 extends an
additional 20 feet from the edge of zone 1.
Updated I1/1/?005
Page 7 of 8
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 Resources
prior to construction. DWQ has exempted the project from SW Hermit requirements
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)
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/newetlands. 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 Proposed
activities will not be a factor in local land-use decisions that might result in development
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
~~m ~'i i i-i /,~/1t~' June 15 X007
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated I ]/1/2001
Page 8 of 8
~, eN.rrRe
~.
North Garolina Department of Environment and Natural Resources
Qivision of Coastal Management
Michael F. Easley, Governor Charles 5, Jones, plrector William G. Ross, Jr., Secretary
26 October ZOOb
Restoration Systems, LLC
Ivlr. M. Randall T~irner
1101 Haynes St•
Suite 107, Pilot Mill
Raleigh, North Carolina 27604
Dear Mr. Turner:
This Letter is in reference to your request for a jtrisdictional determination for the purpose
of conducting stream and wetland restoration of axe unnamed tributary to Cutawhiskie Creek
located off SR 11 S2 near Ahoslcie in Hertford County. I have reviewed in-house jurisdictional
determination references and been on-site with Teny Moore to determine if permits for the
proposed development are required per the Coastal Area Management Act or the State's Dredge
and Fill Law.
From our review of the area we have determined that Cutawhiskie Creek does fall within
the jurisdiction of the Division of Coastal Management (DCIvI) at that location. Additionally the
lateral di.tch/stream that flows into Cutawhiskie Creek at the project location is also found to be
within tli~ jurisdiction of the DCM for a distance of opproximately 75 feet as measured in an
upstream direction from its confluence with Cutawhiskie Creek. The spcciflc Areas of
Envirotunental Coztcern (AEC) that would be affected by the proposed project are Public Trust
Area and Public Trust Shoreline. Any activities defined, as development occurring in or within
30' of Cutawhiskie Creek and the downstream eztd of the lateral ditch/stream will require a
permit from the Division of Coastal Management. Per our previous conversation the DCM has a
General Permit for such projects provided all permit conditions cant be complied with (see
attached).
Thank you for your time and concern ix- these matters. If you have at~.y questions
regardixag permit requirements for this project or future projects, please do not hesitate to contact
me at (252) 948-3853.
Sincerely, ^
~~~~~
R. XCelly Spivey
Coastal Management Representative
Attachment
cc: Terry E. Moore- District Manager, Washington Office, DCM
Raleigh Bland - U.S, Az~ny Corps of Engineers, Washingto~x Office
943 Washington Square Mall, Waahinpton, NoM Carotins 27889
Phone; 282.946.8481 1 PAX: 252.9db•0478 1 Internet www,nccnestaenanagementnaV
An Eque! OpportUnily 1 Attlrmetive Action Empbyer - 50°!a Recycled 110% Poet Goneumer Pepar
SEP .~ 9 1006
Michael i~. 13asley, Governor
l.isbeth C. (SVatle, Secretary
Jeffrey). Crow, Deputy Secmtary
September 15, 2006
North Carolina Department of Cultural Resources
State Historic Preservation Q~ce
Pctcr II. Sandheck, Administrator
Office of archives and History
Division of Historical Resources
David Arook, Director
Jay St. Clair
Restoration Systems, Id:C
Pilot Mill
1101 Haynes Street, Suite 107
Raleigh, NC 27604
Re: EEP, Cutawhiskie Creek Stream and Wetland Restoration, Hertford County, ER 06-2102
Dear Mr. St. Clair:
"I11ank you for your letter of August 1, 2006, concerning the above project.
We have conducted a review of the proposed undertaking and are aware of no historic resources that would be
affected by the project. Therefore, we have no comment on the undertaking as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on F-Istoric Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Parr 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763, ext. 246. In all future
communication concerning this project, please cite the above referenced tracking number.
Sincerely,
~~" ~ . Sc~'h~,E.~.
Peter Sandbeck ~ A~P•~
Location
ADMINISTRATION Sol N. IStount titrcct, Raleigh NC Mailing Addre~a
4(il7 Mail tictvicc Cen[cr, Raleigh NC 27699-4617 Tckphane/Frtc
(919)733-4763/733-8653
RESTORATION S15 lv. l3ltwnt Street, Raleigh NC
SURVBY & PLANNING 515 N
131ount Sttect
Ralei
h
NC 4(,17 Mail Service Ccntcr. Raleigh NC 27699-4617 (919)733.!,547/715-4801
.
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, MSIl Mail Scn~icc Ccntcr, Italcigh NC 2760}g617 (919)733-6545/715-0801