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20081855 Ver 4_401 Application_20131213
!IMcGiff 08 - 1 85 SVq A S S O C I A T E S December 4, 2013 Ms. Laurie Dennison 401 Certification Unit 512 N. Salisbury St. Archdale Building, 9`I' Floor Raleigh, North Carolina 27699 RE: 401 Permitting Proposed Goat Island Park and Greenway Project, Phase 2 Town of Cramerton Gaston County, North Carolina Dear Ms. Dennison: On behalf of the Town of Cramerton, we are submitting a request to modify the existing 401 Water Quality Certification #08 -1855, issued to the town on August 24, 2011, to include an additional permanent impact to the buffers. The Town is moving forward with the construction of the second bridge for access for the Goat Island Park Project. The additional buffer impact is for an additional recreational accessory structure. The project as a whole was permitted along with stream impacts ( USACOE) back in 2011. The 404 permit has been modified to include additional stream impacts. The original permit expires December 9, 2013. We have sent our submission package with the revised PCN to David Brown in the USACOE Asheville Regional Office. I have been in contact with Mr. Brown and he is extending the 404 permit to December of 2016. The additional impacts for the recreational accessory structure are 179 sq.ft. for zone 1 and 84 sq.ft. for zone 2, as shown on the enclosed map. I am submitting to you the revised PCN, the map and a copy of the 401 certification letter from your office sent in August of 2011. Should you have any questions or are in need of additional information, please do not hesitate to contact me (828) 328 -2024. FDE - 2Qi3A R QUALITY _ Enclosures Sincerely, McGill ASSOCIATES, P.A. CHRISTINE BROWN, CPSWQ, CPESC Senior Engineering Technician cc: Michael Peoples, Town of Cramerton E n g i n e e r i n g P l a n n i n g F i n a n c e McGill Associates, P.A. • P.O. Box 1136. Hickory, .NC 28603 • 1240 19th St. Lane .NIL'. Hickory. NC 28601 OJ)ice: 828-328-2024 • Fax: 828- 328 -3870 O�O� W A TF9OG O 'r Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ❑ Section 404 Permit ❑X Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 198200030 1c. Has the NWP or GP number been verified by the Corps? ❑X 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 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes X❑ No For the record only for Corps Permit: ❑ Yes X❑ 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 ❑X No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑X No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Goat Island Park 2b. County: Gaston 2c. Nearest municipality / town: Cramerton 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: E -5016 3. Owner Information 3a. Name(s) on Recorded Deed: Town of Cramerton 3b. Deed Book and Page No. Book 4187, Page 0748, Year 2005 3c. Responsible Party (for LLC if applicable): 3d. Street address: 155 North Main Street , DEC _ 3e. City, state, zip: Cramerton, North Carolina 28032 i3 UE (704) 824 -4337 3f. Telephone no.: 3g. Fax no.: afar Bra 3h. Email address: mpeoples @cramerton.org Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a Applicant is ❑ Agent ❑ Other, specify 4b Name 4c Business name (if applicable) 4d Street address 4e City, state, zip 4f Telephone no 4g Fax no 4h Email address 5 Agent/Consultant Information (if applicable) 5a Name David E Richmond, PE 5b Business name (if applicable) McGill Associates, P A 5c Street address 1240 19th Street Lane, NW 5d City, state, zip Hickory, North Carolina, 28601 5e Telephone no (828) 328 -2024 5f Fax no (828) 328 -3870 5g Email address dave rich mond @mcgdlengmeers com Page 2 of 10 B Project Information and Prior Project History 1. Property Identification 1a Property Identification no (tax PIN or parcel ID) 3584 -27 -1475, 3584 -28 -2374, 3584 -17 -5373, 1 b Site coordinates (in decimal degrees) I Latitude 35 2377 Longitude -81 0703 1c Property size 38 acres 2. Surface Waters 2a Name of nearest body of water to proposed project South Fork of the Catawba River 2b Water Quality Classification of nearest receiving water WS -V 2c River basin Catawba 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 site consists of open field areas, areas of thick vegetation and trees The island is currently undeveloped and is adjacent to the Town Hall and C B Huss Recreation Complex 3b List the total estimated acreage of all existing wetlands on the property 0 1 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 8,205 3d Explain the purpose of the proposed project The purpose is to provide the Town with a park for use by the Town and surrounding communities This project also becomes a vital part of the Caroii 3e Describe the overall project in detail, Including the type of equipment to be used Currently, The town is planning to create a park on the island for the benefit of the community and provide a crossing of the South Fork of the Catawba 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? ❑X Yes ❑ No ❑ Unknown Comments 4b If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑X Final 4c If yes, who delineated the jurisdictional areas? Name (if known) Habitat and Restoration Program Agency /Consultant Company Other 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation August 2010 6 Project History 5a Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑X Yes ❑ No ❑ Unknown 5b If yes, explain in detail according to "help file" instructions ACOE Section 10 Permit Nationwide General Permit 198200030, No -Rise Certification, FERC permit, DWQ 401 all have been issued 6. Future Project Plans 6a Is this a phased project? ❑X Yes ❑ No 6b If yes, explain Page 3 of 10 PCN Form — Version 1 4 January 2009 C. Proposed Impacts Inventory 1 Impacts Summary la Which sections were completed below for your project (check all that apply) ❑X Wetlands ❑X Streams — tributaries ❑X 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 Wetland impact number Permanent (P) or Temporary 2b Type of impact 2c Type of wetland 2d Forested 2e Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f Area of impact (acres) W1 - Choose one Choose one Yes /No - W2 - Choose one Choose one Yes /No - W3 - Choose one Choose one Yes /No - W4 - Choose one Choose one Yes /No - W5 - Choose one Choose one Yes /No - W6 - Choose one Choose one Yes /No 2g Total Wetland Impacts: 2h Comments There will be no impacts to the wetlands delineated on the island 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 Stream impact number Permanent (P) or Temporary (T) 3b Type of impact 3c Stream name 3d Perennial (PER) or intermittent (INT)? 3e Type of jurisdiction 3f Average stream width (feet) 3g Impact length (linear feet) S1 P Bridge and Pier South Fork Catawba PER Corps 230 12 S2 P Bridge South Fork Catawba PER Corps 115 12 S3 P Recreational /Accessory Str South Fork Catawba PER Corps 70 10 S4 P Canoe Portage South Fork Catawba PER Corps 160 8 S5 P Canoe Portage South Fork Catawba PER Corps 230 8 S6 P Canoe Portage South Fork Catawba PER Corps 230 8 3h Total stream and tributary impacts 31 Comments See second page 4 for additional stream impacts and total Page 4 of 10 PCN Form — Version 14 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a Which sections were completed below for your project (check all that apply) ❑X Wetlands ❑X Streams — tributaries ❑X 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 Wetland impact number Permanent (P) or Tem ora 2b Type of impact 2c Type of wetland 2d Forested 2e Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f Area of impact (acres) W1 - Choose one Choose one Yes /No - W2 - Choose one Choose one Yes /No - W3 - Choose one Choose one Yes /No W4 - Choose one Choose one Yes /No W5 - Choose one Choose one Yes /No W6 - Choose one Choose one Yes /No - 2g Total Wetland Impacts: 2h Comments There will be no impacts to the wetlands delineated on the island 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 Stream Impact number Permanent (P) or Temporary (T) 3b Type of Impact 3c Stream name 3d Perennial (PER) or Intermittent (INT)? 3e Type of jurisdiction 3f Average stream width (feet) 3g Impact length (linear feet) Sd7 P Future Boat Ramp South Fork Catawba PER Corps 230 10 S2 $ T Temp Construction Cause South Fork Catawba PER Corps 115 30 S39 T Temp Construction Cause South Fork Catawba PER Corps 216 30 S410 P Accessory Structure South Fork Catawba PER Corps 200 10 S5 Choose one South Fork Catawba S6 Choose one South Fork Catawba - 3h Total stream and tributary impacts 138 31 Comments See first page 4 for additional stream impacts TOTAL STREAM AND TRIBUTARY IMPACTS BOTH SHEETS= 140 Linear Feet a "d Pale, y Page 4 of 10 PCN Form — Version 14 January 2009 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 indivi ually list all open water impacts below 4a Open water impact number Permanent (P) or Temporary 4b Name of waterbody (if applicable) 4c Type of impact 4d Waterbody type 4e Area of Impact (acres) 01 Choose one Choose 02 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f Total open water impacts 4g Comments N/A 5 Pond or Lake Construction If pond or lake construction proposed, the complete the chart below 5a Pond ID number 5b Proposed use or purpose of pond 5c Wetland Impacts (acres) 5d Stream Impacts (feet) 5e Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f Total. 5g Comments N/A 5h Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no 51 Expected pond surface area (acres) 5) Size of pond watershed (acres) 5k Method of construction 6. Buffer Impacts (for DWQ) If project will Impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer Impacts below If any impacts require mitigation, then you MUST fill out Section D of this form 6a Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑X Catawba ❑ Randleman ❑ Other 6b Buffer Impact number — Permanent (P) or Temporary 6c Reason for impact 6d Stream name 6e Buffer mitigation required? 6f Zone 1 impact (square feet ) 6g Zone 2 impact (square feet B1 P Bridge (6,8) South Fork of the Catawba River No 756 762 B2 P Bridge (2,3) South Fork of the Catawba River No 2,476 2,436 B3 P Recrea /Access Sir (9) South Fork of the Catawba River No 600 190 B4 P Canoe Portage (5) South Fork of the Catawba River No 234 144 B5 P Canoe Portage (7) South Fork of the Catawba River No 198 156 B6 P Canoe Portage (1) South Fork of the Catawba River No 180 120 6h Total Buffer Impacts- 61 Comments See second page 5 for additional buffer impacts and total Page 5 of 1U 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 indivi ually list all open water impacts below 4a Open water impact number Permanent (P) or Temporary 4b Name of waterbody (if applicable) 4c Type of impact 4d Waterbody type 4e Area of impact (acres) 01 - Choose one Choose 02 _ Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f Total open water impacts 4g Comments NIA S. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below 5a Pond ID number 5b Proposed use or purpose of pond 5c Wetland Impacts (acres) 5d Stream Impacts (feet) 5e Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f Total: 5g Comments N/A 5h Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no 51 Expected pond surface area (acres) 51 Size of pond watershed (acres) 5k Method of construction 6. Buffer Impacts (for DWQ) If project will Impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts below If any impacts require mitigation, then you MUST fill out Section D of this form 6a Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑X Catawba ❑ Randleman ❑ Other 6b Buffer Impact number — Permanent (P) or Temporary 6c Reason for Impact 6d Stream name 6e Buffer mitigation required? 6f Zone 1 Impact (square feet ) 6g Zone 2 Impact (square feet BX % P Future Boat Launch (4) South Fork of the Catawba River No 300 300 Bzg T Bridge (6,8) South Fork of the Catawba River No 3,388 1,900 BVI T Bridge (2,3) South Fork of the Catawba River No 5,973 2,917 B .410 P Accessory Structure (10) South Fork of the Catawba River No 179 84 B5 No 66 Yes /No 6h Total Buffer Impacts, 14,284 9009 61 Comments This is the second page 5 The total includes both pages Page 5of10 PCkJ P- D. Impact Justification and Mitigation 1. Avoidance and Minimization la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project We have minimized impacts by placing the larger bridge on the town side where there is minimal disturbance to existing vegetation The fill slopes on the smaller bridge are at 2 1 slope to reduce impact and the slope on the front of the abutment has been placed at 1 5 1 slope to further reduce the impact to the buffers The future boat ramp is for the use of the Cramerton Fire Department to launch their rescue craft and has been placed in area that will not affect vegetation other than grass All walking trails and amenities on the island are placed outside the buffers lb Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques All construction efforts will be performed from the banks of South Fork of the Catawba river, except for the center pier on the larger bridge No machinery will enter the stream bed The smaller bridge shall be constructed first to provide access to the island for equipment to construct the other bridge and island amenities The contractor shall use barges to get equipment to the island to construct the smaller bridge Native riparian vegetation will be planted in all disturbed areas once construction is complete 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a Does the project require Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State? ❑ Yes ❑X No 2b If yes, mitigation Is required by (check all that apply) ❑ DWQ ❑ Corps 2c If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permlttee Responsible Mitigation 3 Complete If Using a Mitigation Bank 3a Name of Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type Choose one Type Choose one Type Choose one Quantity Quantity 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 Choose one 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 N/A 5. Complete if Using a Permlttee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan N/A Page 6 of 10 PCN Form — Version 14 January 2009 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 E] Yes No buffer mitigation? 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 6c 6d 6e Zone Reason for Impact Total Impact Multiplier Required mitigation (square feet) (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 Areas where Temporary Construction activities are to disturbed protected buffer areas will be restored to natural conditions utilizing biodegradable turf reinforcement matting and native found vegetation known to populate the islands unique ecosystem Page 7 of 10 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 0 Yes ❑ No within one of the NC Riparian Buffer Protection Rules? lb If yes, then is a diffuse flow plan Included? If no, explain why A level spreader has been approved for the project ❑X Yes ❑ No 2 Stormwater Management Plan 2a What is the overall percent imperviousness of this project? 002% 2b Does this project require a Stormwater Management Plan? ❑X Yes ❑ No 2c If this project DOES NOT require a Stormwater Management Plan, explain why 2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan 2e Who will be responsible for the review of the Stormwater Management Plan? 3 Certified Local Government Stormwater Review 3a In which local government's jurisdiction is this project? N/A ❑ Phase II ❑ NSW 3b Which of the following locally - implemented stormwater management programs ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4 DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a Which of the following state - implemented stormwater management programs apply ❑ORW (check all that apply) ❑X Session Law 2006 -246 [—]Other 4b Has the approved Stormwater Management Plan with proof of approval been ❑X Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropriate requirements? X❑ Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ❑X Yes ❑ No Page 8of10 PCN Form — Version 14 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal /state /local) funds or the M Yes ❑ No use of public (federal /state) land? lb 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 El Yes 0 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 ❑ Yes ❑ No letter ) Comments 2 Violations (DWQ Requirement) 2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards, El Yes Q No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this an after - the -fact permit application? ❑Yes Q 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 El Yes Q 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 At this time, restroom facdites will not be placed on the island A future phase is to install a portable restroom that would be served by a small grinder pump and pumped to sewer system off the island Porta -Johns will be used, if needed at this time Page 9 of 10 PCN Form — Version 14 January 2009 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 0 Yes ❑ No impacts? 5c If yes, indicate the USFWS Field Office you have contacted Asheville 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? http / /www saw usace army mil/WETLANDS /esa/ 6 Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitat? ❑Yes ❑X No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? hltp / /ocean flondamanne org /efh_coral /ims /viewer him 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ©No status (e g , National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b What data sources did you use to determine whether your site would impact historic or archeological resources? http /lwww hpo dcr state nc us 8. Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA - designated 100 -year floodplain? ❑X Yes ❑ No 8b If yes, explain how project meets FEMA requirements A FEMA No -Rise certification has been submitted to the State of NC and has been accepted 8c What source(s) did you use to make the floodplain determination? We acquired the Current Effective Model from the State of NC Flood Mapping Program and performed our No Rise analysis MICHAEL PEOPLES C 11 -11 -2013 Applicant/Agent's Printed Name Date Applicant/Agent's Signat a (Agent's signature is valid only if an authorization letter from the applicant is provided Page 10 of 10 gj'�Alv NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Governor Director Dee Freeman Secretary August 24, 2011 DWQ# 08 -1855 ' Gaston County Mr Michael Peoples, Town Manager Town of Cramerton 155 North Main Street Cramerton, NC 28032 MODIFICATION /APPROVAL of 401 Water Quality Certification and Riparian Buffer Authorization with Additional Conditions Dear Mr Peoples You have our approval, in accordance with the attached conditions and those listed below, to permanently impact a total of 98 linear feet of streams and 8,852 square feet of riparian buffer and to temporarily impact 14,178 square feet of riparian buffer as listed in the tables below Stream Impacts in the Catawba River Basin Total Permanent Stream Impacts: 98 linear feet Mooresville Regional Office Location 610 East Center Ave, Suite 301 Mooresville, NC 28115 Phone (704) 663 -16991 Fax (704) 663 60401 Customer Service 1- 877.623 6748 Internet Nip f /portal ncdenr orolweb /wa An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled /10% Post Consumer paper I. I IN One NorthCarolnia ,t ^fiY+3r 't'i ,4�4[ti *1 t1s15'� 1 � 1��rof`i "l.t ^` ^t �.,"S� � i� `E,? r, l 'f`^s, ^J tj ^'��4 ^�� "5'. '�4 _r'\.ti 15,;,^+2•x''_ "��J =' 11ia r` i 'i. _ �imlt Sle'�Ju�nber�r r F s, ��' (Streatr� IJarn ® =,a, � :'�'�-.,w * .Crl •1 ,; Stre�rn;Type i"2h engtf�of,mpact Ins f a di4� t f „t tT}rpq q>t Impacct «� '� { ✓ Gi�y {i =S �S•,%�"'i M'K�IF {tc ��,yi l:�o-N 1 %7YJti q'i \1' fi '!t —T.3 ;1:�i{.aty ' {�y�'�i�� °F�-jl.f•^'.. ^try3.T�ny "X'` +Inea�'7 :Y.t%F -5� fi_ ;r ett/ I }? 1v,a`Y? Site #1 South Fork Catawba River Perennial 12 If (bridge and pier Permanent construction Site #2 South Fork Catawba River Perennial 12 If (bridge construction Permanent Site #3 South Fork Catawba River Perennial 30 If (recreational/ Permanent accessory structure Site #4 South Fork Catawba River Perennial 8 If canoe portage) Permanent Site #5 South Fork Catawba River Perennial 8 If canoe portage) Permanent Site #6 South Fork Catawba River Perennial 8 If canoe portage) Permanent Site #7 South Fork Catawba River Perennial 10 If boat ram Permanent Total Permanent Stream Impacts: 98 linear feet Mooresville Regional Office Location 610 East Center Ave, Suite 301 Mooresville, NC 28115 Phone (704) 663 -16991 Fax (704) 663 60401 Customer Service 1- 877.623 6748 Internet Nip f /portal ncdenr orolweb /wa An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled /10% Post Consumer paper I. I IN One NorthCarolnia Mr Michael Peoples Page Two Riparian Buffer Impacts in the Catawba River Basin =.. �,...� "�Permd: -1Y i_ � r�� 1 _ �:ir �... t MInua ".' � .. +"A� yi,,i�[ . 3 i"�' .v -y "' :� -` 'k .',��-`•': .;.; - r' ..Minus ",-1* 1`t'.:'1`T � "v'r`_, [V r.. 'Zone 2 Buffer mitigation 'Zone _ 1rrlpac s,in,i_ ,,We'0,bnds iR - rZon�'7:BUffgrMitigation _- = '�Requirady� _ _Zone'2'v Impacts ink_ '.' Vlfatlands in Number. ` t square feetw;, �,;Zo'ne't ln,;; i,�»? Length,of Impact =;; ;, square feet_ a �_, �� Zone Z,iri' _ _ , ;r _, ;Le`ngth_oflmpactr`a; ^ „ ".- 'iquarre`feet (Using2:1 ratio);J; °y(sq`it }, ;square feet ,,,'`_(using �.'° �.z.r,x; _`,i tY.i °�z ; f, `-w �.� y a �[�. , iii rx7' r $F _ - ii. i _ o� NIA — Impact exempt from 0 N/ mpt Site #1 756 p mitigation 762 from mitigation N/A — Temporary " "Site 0 N/A — Temporary impact, 1,900 0 impact, exempt from #1 3,388 exempt from mitigation mitigation N/A — Impact exempt from 2 436 0 pt N /Arom Site #2 2,476 p mitigation mitigation N/A — Temporary "'Site #2 5,973 0 N/A — Temporary impact, 2,917 0 Impact, exempt from exempt from mill anon P 9 mitigation N/A — Impact exempt from 0 N/A — Impact exempt Site #3 600 0 mitigation 190 from mitigation N/A — Impact exempt from 144 0 N/A — Impact exempt Site #4 234 0 mitigation from mitigation N/A — Impact exempt from 156 0 N/A — Impact exempt Site #5 198 0 mitigation from mitigation N/A - Impact exempt from 120 0 N/A — Impact exempt Site #6 180 0 mitigation from mitigation N/A — Impact exempt from 300` 0 N/A — Impact exempt Site #7 300 0 mitigation from mitigation "Indicates a modification to the original authorization The above Impacts reflect those described in your application received by the Division of Water Quality (DWQ) on December 18, 2009, additional information received March 19, 2010, July 29, 2010, September 2, 2010, information received electronically on September 17, 2010, and October 4, 2010, and the modification request received August 12, 2011. The location of the project is Goat Island in the South Fork Catawba River, Cramerton, Gaston County After reviewing your application, we have determined that this project is coves ed by Water Quality General Certification Number 3693 This letter also serves as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213 0243 Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations This approval will expire with the associated 404 permit unless otherwise specified in the Water Quality Certification This approval is valid solely for the purpose and design that you described in your application (unless modified below) Should your project change, you must notify the DWQ in writing and you may be required to submit a new application If the property is sold, the new owner must be given a copy of this Certification and 'approval letter and Is thereby responsible for complying with all conditions If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h)(6) and (7) Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 0260(9) For this approval to remain valid, you must adhere to the conditions listed in the attached certification and those listed below Mr Michael Peoples Page Three 1. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetated as per the planting plan provided on August 12, 2011. The buffers shall be permanently revegetated with native woody species before the next growing season following completion of construction. Riparian vegetation re- establishment shall include a minimum of 2 native, hardwood tree species planted at a density sufficient to provide 320 trees per acre at maturity. NCDWQ will conduct periodic site visits upon completion of the buffer restoration (up to one year after the replanting) to determine if the buffer restoration is successful. Success will be based on a tree survival rate of 80% or more of planted species. Failure to achieve satisfactory buffer restoration success at the end of the evaluation period may require that remedial actions be implemented by the Permittee. A formal "close out" of the restored area by NCDWQ will be required. 2 This certification is applicable to the project as proposed and depicted in the drawings (referenced above) It does not authorize any future construction activities within the project boundaries Additional activities proposed in the future that result in stream, wetlands or riparian buffer impacts will require a formal -modification to this authorization Please note that a formal modification ruquest does not necessarily guarantee approval of the activity by NCDWQ 3 All riprap proposed for structure stabilization shall be Class II, as depicted on the plans 4 Wetlands exist within the project boundaries Wetland impacts are not authorized by this certification 5 This certification authorizes the construction of a six (6) foot wide paved trail to the "recreational /accessory structure" through the riparian buffer [Note The plans depict an eight (8) foot wide trail ] In addition, a two (2) foot wide grassed maintenance corridor (swale) shall be provided on either side of the paved trail The grassed swales must be designed and constructed in accordance with the most current version of the Stormwater Best Management Practices Manual 6 The construction of all access trails within the riparian buffer must not result in the removal of any trees 7 All access trails, with the exception of the six (6) foot wide paved trail to the "recreational /accessory structure" must be constructed of pervious materials and shall not exceed four (4) feet in width 8 The proposed boat ramp shall not exceed ten (10) feet in width 9 The construction of the disc golf trails shall not result in the removal of any trees within the riparian buffer or wetlands 10 All stormwater shall be directed as diffuse flow at non - erosive velocities through the protected stream buffers and shall not re- concentrate before discharging into the stream as identified within 15A NCAC 2B 0243(5) 11 In an effort to comply with the diffuse flow provision of the Buffer Rule (15A NCAC 02B 0243(5)), you have provided the NCDWQ with diffuse designs dated July 29, 2010 The NCDWQ believes that if implemented, as per these plans, diffuse flow will be achieved However, if diffuse flow as per 15A NCAC 02B ,0243(5) has not been achieved, then, the NCDVUQ.shall be notified and corrective actions to restore diffuse flow shall be taken if necessary to impede the formation of erosion gullies At no time shall stormwater from the proposed development be piped directly through the buffer without prior written authorization by NCDWQ Mr Michael Peoples Page Four 12 The structural diffuse practices as approved by this Office, as well as drainage patterns, must be maintained in perpetuity No changes to the structural stormwater practices shall be made without written authorization from the NCDWQ Stormwater easements shall be recorded for a distance of at least 10 feet on each side of all stormwater conveyance The Operation and Maintenance Agreement for the Level Spreader,, signed on March 18, 2010, shall be. implemented in perpetuity 13 The use of nprap above the normal high water mark shall be minimized Any nprap placed for stream stabilization shall be placed in stream channels in such a manner that,it does not impede aquatic life passage 14 Bridge deck drains on the vehicular traffic bridge shall not discharge directly into the stream Stormwater shall be directed across the vehicular traffic bridge and pre- treated through site - appropriate means (i e , grassed swales, preformed scourholes, vegetated buffers) before entering the stream Please refer to the most current version of the Stormwater Best Management Practices 15 Bridge piles and bents shalr be constructed using driven piles (han-imer or vibratory) or drilled shaft - construction methods More specifically, betting or other methods of pile driving are prohibited without prior written approval from NCDWQ first 16 No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters This water shall be captured, treated and disposed of properly 17 All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in this certification 18 All bridge construction shall,be performed from temporary work bridges, temporary causeways or floating or sunken barges If work conditions require barges, they shall be floated into position and then sunk The barges shall not be sunk and then dragged into position Under no circumstances should barges be dragged along the bottom of the surface water 19 Turbidity curtains shall be used to isolate all work areas from the South Fork Catawba River, including pile or casement installation, placement of nprap, excavation or filling Strict adherence to the construction and maintenance best management practices will be required 20 Heavy equipment shall be operated from the banks rather than in the stream channel in order minimize sedimentation and reduce the introduction of other pollutants into the stream 21 No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification 22 Temporary dewatermg sites must be restored to pre - existing conditions unless more natural geomorphic conditions can be provided 23 If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water, Water that - inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills 24 All work in or adjacent to stream waters shall be conducted in a dry work area Approved BMP measures from the most current version of the NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water Mr Michael Peoples Page Five 25. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited. 26 All mechanized equipment operated near'surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials 27 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 28 A copy of this Water Quality Certification shall be posted on the construction site at all times In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the on -site project manager 29 Native riparian vegetation must be re- established within the construction limits of the project by the end of the growing 'season following cownletion of construction " 30 Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practical If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within 30 days after the Division of Land Resources has released the project 31. Pursuant to 15A NCAC 2B.0245(6), sediment and erosion control devices shall not be placed in Zone 1 of the Catawba Buffer without prior approval by NCDWQ. At this time, NCDWQ has approved no sediment and erosion control devices at Zone 1, outside of the approved project impacts, anywhere on' this project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the Catawba Buffer provided`that Zone 1 is not compromised and that discharge is released as diffuse flow. f - 32 Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards a The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Der;rgn Manual b The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project c For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual d The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act 33 The permittee and its contractors and /or agents shall not excavate, fill or perform mechanized land clearing at any time in the construction or maintenance of this project within waters and /or wetlands, except as authorized by this Certification, or any modification to this Certification (e g , no work shall occur outside of the footprint of the plans provided) Mr Michael Peoples Page Six In addition, there shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this Certification without appropriate modification If this occurs, compensatory mitigation may be required since it is a direct impact from road construction activities 34 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery 35 Upon completion of the project, the Engineer shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the 401 Certification has been completed Please include photographs upstream and downstream of the structure to document correct installation 36 Continuing Compliance The Permittee shall conduct its activities in a manner so as not to contravene any state water quality standard [including any requirements for compliance with section 303(d) of the Clean Water Act] and any other appropriate requirements of state and federal law If NCDWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that state or federal law is being violated, or that further con.' `:o..s are necessary to assure compliance, NCDWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC 2H 0507(d) Before codifying the certification, NCDWQ shall notify the Permittee and the USACE, provide public notice in accordance with 15A NCAC 2H 0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H 0504 Any new or revised conditions shall be provided to the Permittee in writing, shall be provided to the USACE for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project If you do not accept any of the conditions of this Certification, you may ask for an adjudicatory hearing You must act within 60 days of the date that you receive this letter To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N C 27699 -6714 This Certification and its conditions are final and binding unless you ask for a hearing This letter completes the review by the Division of Water Quality under Section 401 of the Clean Water Act If you have any questions, please telephone Polly Lespinasse in the Mooresville Regional Office at 704 -663- 1699 Sincerely, for Coleen H Sullins Attachments cc Steve Kichefski, USACE Asheville Field Office PWQ Wetlands Unit Dave Richmond, McGill Associates File Copy