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HomeMy WebLinkAbout20071212 Ver 1_Application_2007071207-1212 ~ ~ l_ July 12, 2007 U. S. Army Corps of Engineers Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington NC 28403 ATTN: Kim Garvey, Regulatory Project 1~lanager C ~5 ~~/] uV~ Jv~ 12 za D OI ~~~~u~i ~'R~ SUBJECT: Application for Nationwide 27 Authorization for the Implementation of the Brown Nlarsh Swamp Stream and Wetland Restoration Project in Robeson 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 Restoration Plan (6 copies to DWQ), including Categorical Exclusion 4) Restoration Plan Approval Letter from NCEEP (6 copies to DWQ); ~) Letter from SHPO (6 copies to DWQ); 6) Check in the amount of $47.00 (DWQ only) Project Purpose and Description The purpose of this letter is to provide you with important information about the Brown Marsh Swamp Stream and Wetland Restoration Site (SITE). The owner/applicant, Restoration Systems, LLC (RS), is proposing stream and wetland restoration at the Site to assist the North Carolina Ecosystem Enhancement Program (EEP) in fulfilling its mitigation goals in Lumber River Basin Cataloging Unit 03040204. The SITE is located approximately 3 miles east of Rowland in Robeson County within the USGS Hydrological Unit 03040204037010 (North Carolina Division of Water Quality [NCDWQ] Subbasin 03-07-55) of the Lumber River Basin (Figures 1, 2). The SITE is characterized by active row crop production of corn and tobacco and forest fringes. Under existing conditions, SITE stream reaches (Northern and Southern tributaries to Contrary Swamp) are characterized as highly incised, straightened, eroding channels. Agricultural practices constitute major point sources of pollution and on-going sedimentation;'erosion. Additional stream impacts include bank collapse, changes in stream power, sediment transport and loss of characteristic riffle,'pool complex morphology. Site floodplains and historical wetland functions have been preempted by deforestation, vegetation maintenance, agricultural chemical application, stream channelization, and groundwater draw- down from stream channel downcutting. Land use within the upstream watershed is very similar to that in the immediate project area...rural agricultural interspersed with narrow bands of forest. Less than l0% of the watershed is impervious. Pil~~t Ntill • 1101 Haynes St.. Suite 107 • Ralei~~h. NC 2760-1 • u~~~~ti~.re~,turatiuns~-stems.r~,m • Phune 919.755.9~4~)O • Fax 919.7».9-t9_' Kim Garvey, USAGE July 12, 2007 Page 2 The primary goals of this restoration plan include 1) construction of a stable, riffle-pool stream channel at the historical location of the stream; 2) enhancement of water quality functions in the on-site, upstream, and downstream segments of the channel; 3) creation of a natural vegetation buffer along restored stream channels; 4) reestablishment of historic wetland functions; 5) restoration of wildlife functions associated with a riparian corridor/stable stream, and 6) restoration of aquatic habitat to support a more diverse aquatic community. The proposed restoration plan is expected to produce approximately 5,004 stream mitigation units (SMUs) from the restoration of SITE tributaries, and approximately 5 nonriparian (riverine) wetland mitigation units (WMUs). Project Impacts to Jurisdictional Areas Portions of two unnamed, degraded perennial stream channels (Northern UT and Southern UT) will be impacted in order to accomplish restoration goals. Implementation of stream restoration methodologies and execution of stream restoration designs will involve constructing new channels adjacent to existing channels, followed by diversion of natural stream flow into new channels. Recharging new channel with stream flow will occur only after new channel is stabilized. Pump around methods are likely to be employed, where juxtaposition of new and old channels require dewatering portions of the existing channel while new channel construction is underway. Pump around protocols involve the use of hydraulic pump(s) to divert stream flow to a lower section of existing stream during critical phases of channel construction. Table 1. Effect of Restoration on Stream Lengths REACH EXISTING CHANNEL LENGTH (If) POST-Mitigation CHANNEL LENGTH (lf) Northern UT 2,700 4,465* Southern UT 442 539 TOTALS 3,142 5,004 Note: Figure excludes approximately 60-ft long culvert at crossing of farm road. Each of the existing stream channels will be backfilled following activation of newly constructed channels. Stream restoration design focuses on establishing morphological attributes that will facilitate overbank flooding frequencies to sustain and enhance riparian community development within the 50-ft wide buffer areas. Justifications for Project Impacts to Jurisdictional Areas Each of the degraded stream channel reaches will be restored to greater functionality and these restoration efforts will increase total stream length by approximately 1,862 linear feet. Furthermore, as the result of proposed drainage ditch filling and stream channel restoration, wetland hydrology will be restored to more than 5 acres of hydric that are now functioning as nonjurisdictional uplands. Kim Garvey, USAGE July 12, 2007 Page 3 Protected Species 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.f~r,~s.~ov,!es;'countvfr.html, 3 federally protected species are listed for Robeson County. The following table lists the federally protected species for Onslow County and indicates if potential habitat exists within the Site for each. Careful evaluation of habitats within the site by walking reconnaissance confirmed that there is no suitable habitat for any of the listed species. The habitat matrix is a corn field with drainage channels coursing through the field and narrow wooded fringes adjacent to the property. As the result of this evaluation, the project will have No Effect on any listed species. Federally Protected Species for Onslow Co Habitat Status Biological Common Name Scientific Name Present * Conclusion Within Site Vertebrates American alligator Alligator mississippiensis T(S/A) Yes N/A Redcockaded wood ecker Picoides borealis E No No Effect Vascular Plants Michaux's sumac Rhus michacrxii E Yes No Effect *E (Endangered = a taxon "in danger of extinction throughout all or a significant portion of its range"); T (Threatened = a taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range"); T S/A (Threatened (SiA) = a species that is threatened due to similarity of appearance with other rare species and is listed For its protection; these species are not biologically endangered or threatened and are not subject to Section 7 consultation.) The North Carolina Natural Heritage Program (NCNHP) records were reviewed and no known NCNHP element occurrences have been documented within 4 miles of the Site. No pine-dominated forested habitat will be impacted by project implementation so it is reasonable to conclude the project will have No Effect on the red-cockaded woodpecker. While habitat for Michaux's sumac is only marginally available along the existing stream banks and forest ecotones at the outer perimeter of the project, scientifically sound surveys were conducted for this species and it can be reported without question that the species is not present within the Site, or within habitat adjacent to the Site. Based on the results of the surveys it is reasonable to conclude that the project will have No Effect on Michaux's sumac. 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 Kim Garvey, USACE July 12, 2007 Page 4 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 July 31, 2006, requesting a search be conducted of archival records for the SITE. SHPO responded on August 23, 2006 (see attached) that no known recorded archaeological sites occur within the SITE. 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 ., .,~.~3 a I :'^2(9G;: ~l ~A June 25, 2007 Paul Parker Restoration Systems, LLC 1101 Haynes Street, Suite 107 Raleigh, North Carolina 27604 Subject: Restoration Plan Review for the Brown Marsh Swamp Stream Restoration Project Lumber River Basin - CU# 03040204 Robeson County, North Carolina, Contract No. # D06038-A Dear Mr. Parker: On December 17, 2007, Restoration Systems, LLC (RS) submitted a Restoration Plan for the subject site. After discussions between Restoration Systems and EEP, the EEP requested that the US Corp of Engineers (COE) provide a site review and onsite comment prior to proceeding with approval of the restoration plan. A site review including the COE, EEP, Restoration Systems, and Ko Engineering was conducted on June 14, 2007. Comments from the COE from that meeting indicated that the site would provide substantial uplift and there were no concerns that existed to move the project further. The plan proposes to restore two (2) unnamed tributaries (Northern UT and Southern UT) to Contrary Swamp and nonriverine wetlands. Appropriate vegetation will be planted along the riparian corridor(s). Successful completion of the project will restore the channelized degraded streams to a more natural stable condition and provide a riparian buffer that will improve water quality and establish/enhance wildlife habitat. 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 Environmental Banc and Exchange, LLC is the Owner and Financially Responsible Party, and has full operational control for all matters pertaining to construction of this project. 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 further, please contact me at any time. I can be reached at (919) 715-1656, or email me at g_u~pearce(a~ncmail.net. Sincerely, c ~ tt. Qo Guy C. Pearce EEP Full Delivery Program Supervisor CC: Files ,; r, . , Office Use Only: Form Version March OS 07-1212 USACE Action ID No. DWQ No. ~~~ any pantcutar uem is not appucante to trits project, please enter "Not Applicable" or "N/A".) I. Processing ~-a .y' `:,~ _ 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), the N/A D ~ U V [I. Applicant Information O ~u~ 1 2 zoo? 1. Owner/Applicant Information Name: John Preyer DENt~2 • VvA7Ek QU:~~17Y HAIR! Aun nT H 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: NI. Randall Turner Company Affiliation: Restoration Systems, LLC Mailing Address:_ 1101 Haynes Street, Suite 107, Raleigh, North Carolina 27604 Telephone Number: (9191755-9490 Fax_Number: (919) 755-9492 E-mail Address:__ randy~restorationsystems.com l;pdated t I i ?005 Page l 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 USAGE 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: Brown Marsh Swamp Stream and Wetland Restoration Project 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 1916-O1-020 4. Location County: Robeson Nearest Town: Rowland Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From Raleigh proceed south on I-40; take I-95 southwest to NC 130 just south of Rowland; proceed south on NC 130; turn right on Butler Road approximately 3 miles south of I-95: site is immediately on right. 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): 34°29'31.85"N 79°16'26.87"°W 6. Property size (acres): 20.25 (conservation easement) 7. Name of nearest receiving body of water: Contrary Swamp (Drains to Hayes Swamp then to Little Pee Dee River) 8. River Basin: Lumber (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http:i h2o.enr.state.nc.usiadmin,~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 30+ acre subset of a much larger agricultural field complex in which corn. tobacco and other row crops are cultivated Pine-mixed forest Updated t l 1 ?005 Page 2 of 8 plantation lies immediately adjacent to site along the eastern and southwestern boundaries. 10. Describe the overall project in detail, including the type of equipment to be used: The primary objectives of this restoration project are to restore existing degraded stream channel reaches (northern and southern tributaries to Contrary Swamp) and to restore wetland functionality to a 5-acre matrix of hvdric soils. Efforts will reestablish pattern, profile and dimension that will ensure long term stability to these historically relevant drainage features. Five acres of hvdric soils within the farm field will be restored as jurisdictional wetlands after blocking two drainage ditches that deprive the area of sufficient hydrology; the prospective wetland will be planted with wetland species common to the region. Similarly, riparian buffer areas (at least 50' on each side of stream channel) will be planted with species that are ecologically relevant to such ecotones. 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 track hoes, front end loader, dump trucks, and bulldozers. 1 1. Explain the purpose of the proposed work: Restoration Systems is proposing stream and wetland restoration at the Brown Marsh Swamp site as a full delivery project to assist the North Carolina Ecosystem Enhancement Program in fulfilling its mitigation goals for the Lumber River Basin. [V. Prior Project History If jurisdictional determinations andlor 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 USAGE 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. 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 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. Updated l I l 300 Page 3 of 8 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: Two stream reaches, each within tributaries to Contrary Swamp, will be impacted during project implementation. Proposed impacts to these stream reaches are: Northern Tributary (2,700 lfl; Southern Tributary (442 lfl. No other jurisdictional streams or wetlands will be impacted by project activities. While a total of 3,142 if of existinE stream channel will be impacted during restoration activities, the result of this effort will be an increase of 1,862 If of functional and stable stream channel. 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. N/A Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain ( es~no) Distance to Nearest Stream (linear feet) Area of Impact (acres) Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: 0 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 o 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 Northern Trib Contrar Swam Fill Perennial 12 2,700 0.74 Southern Trib Unnamed Trib to Fill Perennial 7 5 442 0 08 Contrar Swam . . Total Stream Impact (by length and acreage) 4,100 0.82 Updated I I 12005 Page 4 of 8 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 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 map) bay, 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): 0.82 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.82 Total Stream Impact (linear feet): 3,142 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. 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 wilt be restored using Rosgen Priority II methods. Work will impact approximately 3,150 if of impaired stream reaches. Post-restoration length of restored Updated I I 1200 Page 5 of 8 stream channels will increase to approximately 5,000 l£ In addition, more than 4 acres of riparian wetlands will be restored to functionality by restoring hydroloEV and wetland plant components to hydric soil complex. VIII. 1•Iitigation 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:/ih2o.enr.state.nc.us; ncwetlandsistrmyide.html. 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, ~~ rp-'index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: N/A Updated I l I ?005 Page 6 of 8 Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A [X. 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 (ands 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 (919) 733-5083 to review current thresholds for environmental documentation. Yes ® No ^ A CE document has been prepared per FHWA guidance (See Appendix 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 (Neuse), 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 multipliers. N/A Zone* Impact Multiplier Required (square feet) Mitigation 1 3 (2 for Catawba) 2 1.5 Total * Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone l . Updated l l I ?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 1 SA 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. 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 (1 SA 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:iih2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The primary Eoals of this stream and wetland restoration protect 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). -, _~ ;!~ ~ ~~'l,~ r ~ ~% r~ ~^~~~l~f July 12 2007 ---~ -tom ~-~ Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updated I l l 2005 Page 8 of 8 Robeson Count North Carolina PROJE( ~~ ~~~ AREA 3a, 501 1137 2460 2504 } ~- 2435 t 2495 Sot Sat 1139 13 2464 2516 ~y 2494 2492 2462 PROJECT ~~ A-REA ~~. `~~ 2493 2465 ,~~ ``` ,,~ Q 2465 t~,\ ~jc> 2492 ~~~ ;°l or. ,, ~ ~~ ,~` 2491 ~3 2462 2490 Vicinity Map i ' I Restoration Plan Brown Marsh Swamp Robeson County, North Carolina / KO ~ ASSOCIATES, P.C. a Consulting Engineers Date: L0~07 F"~gure: 1 !0!1 SCRAUB ()R., SUITE #1202 RALElGR, Y.C. 27606 (9!9) 85/-6066 2463 ..:} ~~ ~ f ~ : ~. ~ ~ -- ~' • ~ 2492 . P~~3 T _. . ~ ~~~-F t1 '~ s ~ . tl \.. s ~ i. i i ~ ~ - _ . . f Y< ~ x ~ ' r a :xYi w _. ~, ~ _ ._ - - - - - ~;, r ., 2493 ~ - - __ _ ~ - _ _ J IS~ {/'~~ »~ • p • ., ~ r 1,p . ~ w ~~ ~ ~ t1~ ~ ~-. g,,_ _ ...M,~~;~~~r ~~ ~ . 2465 6` . ~ F,CIIs 3 ~~ . . ~ ~ /// ' ~~ ~ • ~ ~ ~ ~ ;. . rt K s. ~ ~ ~'z_~~.as= _ s A -. j ?~`1. • • i ~~ • . ~ b~ '. 6 • r ~ ~'... ' / a V • ~~ / ~ , ,~,~ .. a _ -- ~, . ,. _...~x . ~~ ~ - ~~ _ ~ ., ~ f ! .,._ .a ~,. ,.. . • y- ~.~ 2492 ~~ { ~ _ ~ . ~ ~ 4 N 3 ~ ~ w ~Y ~ ~ Y i ., +. "j K. ! ~ ~. 2491 ~, ~ ~`~ :° „ ' ,~ `~>~ , ~' , a LEGEND Robeson County Northern UT Watershed ~ North Carolina (725 Ac.) Southern L,rT Watershed (ll7 Ac.) Project Area ' 0 1000 2000 ~~I~I~I~I FEET Watershed i ~ Map Restoration Plan Brown Marsh Swamp KO ~ ASSOCIATES, P.C. Robeson county, North Carolina Consulring Engineers rou scxaua DR., SUITE M202 RdLSIGx, .Y. C. 27606 Date: L08'07 Figure: 2 (919) 851-6066 ~,~~v ~ ~~~~~ ~ ,~~ North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Sandbcck, Adminiatruar Michael F. Easley. Governor Office of ~ircftives and Fiisrcm I.isbeth C:. Evan, 5ecretan~ I3i«~sion of Fisrotieal Resources ~eifrey j. Crow, Deputy Secretary David Brook, Ditrttor :august 23, 2006 Paul Pazker Restoration Systems, LLC Pilot Mill 1101 Haynes Street, Suite 107 Raleigh, NC 2760 Re: EEP, Brower tiiarsh Stream & Wetland Restoration, Robeson County, ER 06-2122 Dear i~ir. Parker. Thank you for pour letter of July 31, 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 Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 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. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Peter Sandbeck ~~ ~n ~ ~~ l Location Alailing Addtsss Telephone/Fax ADbQNISTRATION 5tl' N Blount ~treer, Raleigh NC 4GI' Mail Scnice (:enter, R:ilcigh N(:2'G99-4111' (919)?33--i?G?i'33-8653 RESTORATION 515 N. Blount ~trcct, Raleigh NC 4111? Alail $enice Center, RalctiGh NC 2?C>99-4G1' (919)?3.i-GS-t?!715-~tioi SUR4'El & PLANNING 515 V Blount Jtreet. Raleigh, \C 4(il? Mail Scnicc Center, Raleigh \C 27699-461? (919)?33-G545:'7l5 48(11