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HomeMy WebLinkAbout20130957 Ver 1_401 Application_20131213Y� r-d�jj a Stem l PROGRAM December 17, 2013 Eric Kulz Division of Water Resources 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699 - 1650 13 -lb 551 UCH. 2, 3-3 �1 i .D -WATER UAL ITY Re: Permit Application- Tributaries to Wicker Branch Stream Restoration Project, Union 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 Tributaries to Wicker branch stream restoration project in Union 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) Final Mitigation Plan (2 originals) Permit Application Fee Memo CD containing all electronic files C EHR North Carolina Ecosystem Enhancement Program, 1652 bail Service Cuter, Raleigh, NC 27699 -1652 ; 919 -715 -0476 / www.nceep.net I Xi,If] _\�l�11J►�ip TO: Cindy Perry FROM: Lin Xu 1_X SUBJECT: Payment of Permit Fee 401 Permit Application DATE: December 17, 2013 The Ecosystem Enhancement Program is implementing a stream and wetland restoration and enhancement project for Tributaries to Wicker Branch Site in Union 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 E µ HCDEHR North C soli a Ecosys-tem EaAharice ent rograa "�, 652 Kail Seryke 'LaCter, Raleigh, 27 699 -i ffl 919-715-0476 / t rwenc e a t a, December 17, 2013 Eric Kulz Division of Water Resources 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699 - 1650 Re: Permit Application- Tributaries to Wicker Branch Stream Restoration Project, Union 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 Tributaries to Wicker branch stream restoration project in Union 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) Final Mitigation Plan (2 originals) Permit Application Fee Memo CD containing all electronic files _ . HCDEHR North Carolim Ecosystem ol,a cer e -o Ho ram, 1652 Vilail Suvicue Ceoter, Raieigh, C 27699-11652 ' 919 -7 5- y £ .nc ep.iet o`?. wnrF9oG � Ga ONii�-c 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 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? NX Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): NX 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: N 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. N Yes ❑X No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Tributaries to Wicker Branch Stream Restoration 2b. County: Union County 2c. Nearest municipality / town: Monroe, INC 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Richard L. Simpson and Bonita Mullis Simpson 3b. Deed Book and Page No. DB 1987 P 010 3c. Responsible Party (for LLC if applicable): N/A 3d. Street address: 3308 Old Pageland Road 3e. City, state, zip: Monroe, INC 28112 3f. Telephone no.: 704 - 506 -5184 3g. Fax no.: N/A 3h. Email address: irondog2 @juno.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: X❑ Agent ❑ Other, specify: 4b. Name: Tim Baumgartner 4c. Business name (if applicable): NC Ecosystem Enhancement Program 4d. Street address: 217 West Jones St., Suite 3000A, or 1652 Mail Service Center 4e. City, state, zip: Raleigh, N.C. 27603 Raleigh, NC 27699 -1652 4f. Telephone no.: 919 - 707 -8543 4g. Fax no.: 919 - 707 -8976 4h. Email address: Tim. baumgartner @ncdenr.gov 5. Agent/Consultant Information (if applicable) 5a. Name: Ron Johnson 5b. Business name (if applicable): AECOM 5c. Street address: 701 Corporate Center Drive, Suite 475 5d. City, state, zip: Raleigh, NC 27609 5e. Telephone no.: 919- 854 -6210 5f. Fax no.: 919 - 854 -6259 5g. Email address: ron.johnson @aecom.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 04009001 1 b. Site coordinates (in decimal degrees): Latitude: 34.894685 Longitude: -80.447208 1 c. Property size: 102 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Wicker Branch 2b. Water Quality Classification of nearest receiving water: WS -V 2c. River basin: Yadkin -Pee Dee 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: Site is rural farmland. Surrounding fields are actively farmed for corn and soy beans 3b. List the total estimated acreage of all existing wetlands on the property: 0.01 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 4,253 3d. Explain the purpose of the proposed project: The proposed project will restore the tributaries to provide mitigation credits for the NC Ecosystem Enhancement Program 3e. Describe the overall project in detail, including the type of equipment to be used: Restoration of unnamed tributaries to Wicker Branch as described in attached Mitigation Plan. 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 X❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? E] Preliminary El Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency /Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes X❑ No 6b. If yes, explain. Page 3 of 10 PCN Form —Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ❑X 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. Wetland impact number Permanent (P) or Temporary T 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: 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 Restoration UT 1A to Wicker Branch PER Corps 3 1,293 S2 P Restoration UT 3 to Wicker Branch PER Corps 2 904 S3 P Restoration UT 4 to Wicker Branch PER Corps 1 631 S4 Choose one - S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 2,828 3i. Comments: Impacts are to restore streams. Page 4 of 10 PCN Form — Version 1.4 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 indiv" ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 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: No open waters are present on the project site. 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: 5i. Expected pond surface area (acres): 5j. 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 ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet ) 6g. Zone 2 impact (square feet B1 - Yes /No B2 - Yes /No B3 - Yes /No B4 - Yes /No B5 - Yes /No B6 - Yes /No 6h. Total Buffer Impacts: 6i. Comments: Buffer Impacts do not apply Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Purpose of the project is to restore hydrologic, chemical, and biological functions to the streams. Impacts to downstream resources will be minimized by the use of Best Management Practices such as silt fencing and pump arounds. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Purpose of the project is to restore hydrologic, chemical, and biological functions to the streams. Impacts to downstream resources will be minimized by the use of Best Management Practices such as silt fencing and pump arounds. 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 ❑ Permittee 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: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a Permittee responsible mitigation plan, provide a description of the proposed mitigation plan. See attached Final Mitigation Plan Page 6 of 10 PCN Form — Version 1.4 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 Yes XX 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: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes X❑ 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. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0 2b. Does this project require a Stormwater Management Plan? ❑ Yes X❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: No impervious surface will be created as part of this project. 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? ❑ 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 El 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): ❑Session Law 2006 -246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 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 8 of 10 PCN Form —Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. 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 X❑ 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 ❑ 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 X❑ No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑Yes X❑ 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 ❑X 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. No wastewater will be generated by this project Page 9 of 10 PCN Form — Version 1.4 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 ❑X 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. Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? GIS data and site investigation by experienced biologist. 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? NOAA web site. County not near coast. 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 X❑ 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? Contact/coordination with SHPO 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes ❑X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Review of NC Floodmaps Mr. Tim Baumgartner Applicant/Agent's Printed Name Date Applicant/ ignature (Agent's signature ' f an authorization Vi letter from e a s provided.) Page 10 of 10