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PROGRAM
13 -0139
September 9, 2013
Eric Kulz
Division of Water Resources
401 Wetlands Unit
1650 Mail Service Center rALD
Raleigh, NC 27699 - 1650
Re: Permit Application- St. Clair Creek Stream and Wetland Restoration Project, Beaufort
County (EEP Full Delivery Project)
Dear Mr. Kulz,
Attached for your review are two sets of copies of 401/404 permit application package and
mitigation plans for St. Clair creek stream and wetland restoration project in Beaufort County. A
memo for the permit application fee is also included in the package. Please feel free to contact
me with any questions regarding this plan (919- 707 - 8319).
Thank you very much for your assistance.
Sincerely
Lin Xu
Attachment: 404/401 Permit Application Package (2 originals) �@� UP g�' Final Mitigation Plan (2 originals)
CD containing all electronic files SE P 1 ?013 1
Prot eaipw our Sta z N-- �CDELN —R
North Carolina Ecosystem Enhancement Program, 1652 Mail Service tenter, Raleigh, NC 27699 -1652 / 919 -715 -0476 /www.nceep.net
t
1
MEMORANDUM:
TO: Cindy Perry
FROM: Lin Xu L)(
SUBJECT: Payment of Permit Fee
401 Permit Application
DATE: September 9, 2013
The Ecosystem Enhancement Program is implementing a mitigation project for
St. Clair Creek Site in Beaufort County. The activities associated with this restoration
project involve stream restoration related temporary stream impact. To conduct these
activities the EEP must submit a Pre - construction Notification (PCN) Form to the
Division of Water Resources (DWR) for review and approval. The DWR assesses a fee
of $570.00 for this review.
Please transfer $570.00 from Fund # 2981, Account # 535120 to DWR as
payment for this review. If you have any questions concerning this matter I can be
reached at 919 - 707 -8319. Thanks for your assistance.
cc: Eric Kulz, DWR
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 - 715 -0476 / www.nceep.net
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Corps action ID no.
-I
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre - Construction Notification C Form
A. Applicant Information
1. Processing -- -- �---��
1 a. Type(s) of approval sought from the
Corps:
® Section 404 Permit ❑ Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
❑ Yes ® No
1d. 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 ® 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 1h
below.
® Yes ❑ No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ® No
2. Project Information
2a. Name of project:
St Clair Creek Restoration Project
2b. County:
Beaufort
2c. Nearest municipality / town:
Bath
LM
2d. Subdivision name:
N/A
S E [ it 13
2e. NCDOT only, T.I.P. or state
project no:
N/A
NR
3. Owner Information
3a. Name(s) on Recorded Deed:
Stephen Richard Poole, III and Chad Ashley Poole
3b. Deed Book and Page No.
DB: 1235; PG: 484
3c. Responsible Party (for LLC if
applicable):
N/A
3d. Street address:
4698 Sidney Road ( '_•
'�
3e. City, state, zip:
Belhaven, NC, 27810
3f. Telephone no.:
252- 943 -1932 —
3g. Fax no.:
N/A NC LCC.•
3h. Email address:
N/A
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:
4b. Name:
Tim Baumgartner
4c. Business name
(if applicabl ): f'
NCDENR Ecosystem Enhancement Program (NCEEP)
4d. Street address: �T
217 West Jones St., Suite 3000A
4e. City, state, zip:
Raleigh, NC, 27603
4f. Telephone no.:
919 - 707 -8543
4g. Fax no.:
919 - 715 -0710
4h. Email address:
Tim. Baumgartner @ncdenr.gov
5. Agent/Consultant Information (if applicable)
5a. Name:
Jacob Byers, PE
5b. Business name
(if applicable):
Michael Baker Engineering, Inc.
5c. Street address:
8000 Regency Parkway, Suite 600
5d. City, state, zip:
Cary, NC 27518
5e. Telephone no.:
919 -463 -5488
5f. Fax no.:
919 -463 -5490
5g. Email address:
jbyers @mbakercorp.com
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):
6672 -78 -3003
1b. Site coordinates (in decimal degrees):
Latitude: 35.452835 Longitude: - 76.7672
(DD.DDDDDD) (- DD.DDDDDD)
1c. Property size:
125 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Saint Clair Creek
proposed project:
2b. Water Quality Classification of nearest receiving water:
C; Sw, NSW
2c. River basin:
Tar - Pamlico
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 property has been used for row crop production, timber production and water fowl impoundments. Currently the
property is being used for timber production and waterfowl impoundments. The sites have been drained, channalized,
and altered in the past for these purposes.
3b. List the total estimated acreage of all existing wetlands on the property:
25.5 on this parcel according to the CONUS NWI shapefile.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Approximately 3,735 linear feet (UT2 = 2,660; UT3 = 1,075). Existing Reach lengths are approximate and calculated by
measuring the lengths of the main ditches that convey the UT2 and UT3 drainages
3d. Explain the purpose of the proposed project:
The primary purpose of the proposed project is to improve ecologic functions to an impaired coastal plain headwater
stream and wetland system that discharges directly into the Saint Clair Creek system. See attached Mitigation Plan for
specific goals and objectives.
3e. Describe the overall project in detail, including the type of equipment to be used:
This project will involve restoration of: 3,772 linear feet of two unnamed headwater tributaries to Saint Clair Creek, and
2.8 acres of riparian wetland restoration. The project area will be in a conservation easement and all areas inside of the
conservatione easement will be planted in native riparian species. Work will be done using excavators, dozers, dump
trucks and other equipment typically used in stream and wetland restoration projects.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Yes [I No El Unknown
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.
9/16/08. See attached Mitigation Plan
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes ®No El Unknown
5b. If yes, explain in detail according to "help file" instructions.
Page 3 of 12
PCN Form — Version 1.3 December 10, 2008 Version
A
6. Future Project Plans
6a. Is this a phased project? ❑ Yes ® No
6b. If yes, explain.
Page 4 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
Stream
Restoration
UT2
® PER
❑ INT
[I Corps
❑ DWQ
4
2,660
S2 ® P ❑ T
Stream
Restoration
UT3
❑ PER
® INT
❑ Corps
❑ DWQ
4
1,075
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
3,735
3i. Comments: Average stream widths are represented at the existing channelized stream top of banks and not bankfull
elevations since those features were difficult to consistently identify in the field.
Page 5 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
Tem ora T
01 ❑P [IT
02 ❑ PEI T
03 ❑ PC] T
04 ❑P ❑T
4E 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
5E 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 DWO)
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 ®Tar- Pamlico El 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)
Tem ora T
impact
required?
❑Yes
B1 ❑P ❑T
❑ No
El Yes
B2 ❑P
❑ No
❑Yes
B3 ❑P
❑ No
6h. Total buffer impacts
6i. Comments: This project does occur in the protected Tar - Pamlico River basin but the proposed reaches are not subject to
Page 6 of 12
PCN Form — Version 1.3 December 10, 2008 Version
the Tar - Pamlico Buffer Rules. See attached Mitigation Plan.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Proposed impacts are required to restore 3,274 LF of stream and 2.8 AC of riparian wetlands along two unnamed tributaries to
Saint Clair Creek.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Sediment and Erosion Control measures will be implemented throughout the construction process per the NCDENR - Land
Quality Divisions E &SC Planning and Design Manual and permit approval. A pump- around /dewatering operation will to
utilized throughout the work areas to minimize sediment entering downstream waters. The contractor will stabilize the newly
graded valley prior to any water entering.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
❑ Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this
project?
❑Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
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:
S. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
The proposed full- delivery project will potentially provide 3,274 stream mitigation units (SMUs) and 2.8 wetland mitigation
units (WMUs) in the Tar - Pamlico River Basin for the NCEEP ILF program. A recorded conservation easement consisting
of 17.43 AC will protect the site in perpetuity. See attached Mitigation Plan that provides detailed descriptions, mapping,
and plan sheets of the existing conditions and proposed design approach to generate these assets, as well as the
proposed credit release schedule, vegetation planting plan, and performance monitoring plan to be implemented after
construction is completed.
Page 7 of 12
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 12
PCN Form — Version 1.3 December 10, 2008 Version
,
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified
® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: The streams proposed for restoration are not subject to the Buffer
❑ Yes ® No
Protection Rules.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
<1 %
2b. Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Project site meets the criteria for Low
Density development and will not increase overall percent imperviousness. Site plan is well below 24% impervious
surface area and stormwater /diffuse flows will be transported via vegetated channels and across restored headwater
valley topography.
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?
Beaufort 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
4a. Which of the following state - implemented stormwater management programs apply
El HQW El 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 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)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
® Yes ❑ No
Comments: Refer to the Categorical Exclusion in Appendix B of the approved
Mitigation Plan.
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 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?
5c. If yes, indicate the USFWS Field Office you have contacted.
® Raleigh
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
NCWRC Natural Heritage website (http: / /www.ncnhp.org /Pages /hedtagedata.html), Natural Heritage workroom, USFWS
website (http: / /nc- es.fws.gov /es /countyfr.html). Additionally, letters were sent to USFWS and NCWRC requesting
information regarding potential species impacts to verify that proposed action is not likely to significantly or negatively
impact aquatic and terrestrial wildlife resources. Refer to the Categorical Exclusion in Appendix B of the approved
Mitigation Plan.
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?
NCWRC, NCDWQ, and USFWS website ( http:// nc- es.fws.gov /es /countyfr.htmi). Additionally, letters were sent to USFWS
and NCWRC requesting information regarding potential species impacts to verify that proposed action is not likely to
significantly or negatively impact aquatic and terrestrial wildlife resources. Refer to the Categorical Exclusion in Appendix B of
the approved Mitigation Plan.
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
El 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?
NC Office of Archives and History website and NRIS database was searched. A letter was also sent to the NC Office of
State and Archaeology and the NC Historic Preservation Office. The approval letter can be found in Appendix B of the
approved Mitigation Plan.
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: Project is in the floodplain due to backwater from the Pamlico
River. Baker coordinated with the Beaufort County Floodplain administrator who confirmed that no action was needed.
Correspondence is included in the Mitigation Plan.
8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Information System
Tim Baumgartner
�/ l3
Applicant/Agent's Printed Name
7777!?-
licant/A .'s—s–Ignature
Date
Pdg 11 of 12
PCN Form – Version 1.3 December 10, 2008 Version
(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