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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
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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