HomeMy WebLinkAbout20131140 Ver 1_401 Application_20140114�� to
PROGRAM
January 23, 2014
Eric Kulz
Division of Water Resources
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699 - 1650
Re- Permit Application- Pee Dee Stream Restoration Site Restoration Project, Montgomery
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 Pee Dee stream restoration site restoration project in Montgomery 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
Oar
HCDEHR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 - 715 -0476 / www.nceep net
January 23, 2014
Eric Kulz
Division of Water Resources
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699 - 1650
Re: Permit Application- Pee Dee Stream Restoration Site Restoration Project, Montgomery
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 Pee Dee stream restoration site restoration project in Montgomery 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 Carolina 6cos ;tern b,: 4 ncernent Program, 1652 Mai: Service (enter, Raleigh, NC 27699 ®1652 , 9l9-75-0476 mw.nc ep.net
I J 1:4 IT, Lei :7_1L, I III IJ,
TO: Cindy Perry
FROM: Lin Xu i y
SUBJECT: Payment of Permit Fee
401 Permit Application
DATE: January 23, 2014
t
The Ecosystem Enhancement Program is implementing a stream and wetland
restoration and enhancement project for Pee Dee Stream Restoration Site in
Montgomery County (EEP IMS # 95350). 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 # 2984, 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
HCDEHR
North r y ;� r , . , , KC 27699-1652 '919-71541476 % wncee ,net
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O T
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version
Pre - Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
®Yes
❑ No
1 d.
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 ® No
For the record only for Corps Permit:
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
Pee Dee Stream Restoration Project
2b.
County:
Montgomery
2c.
Nearest municipality / town:
Pee Dee
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:
Jerry Thompson
3b.
Deed Book and Page No.
727/516
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
3e.
City, state, zip:
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version
4.
Applicant Information (if different from owner)
4a.
Applicant is:
El Agent ® Other, specify: Project Sponsor
4b.
Name:
North Carolina Ecosystem Enhancement Program
4c.
Business name
(if applicable):
North Carolina Ecosystem Enhancement Program
4d.
Street address:
217 West Jones Street, Suite 3000 A
4e.
City, state, zip:
Raleigh, NC 27604
4f.
Telephone no.:
(919) 707 -8291
4g.
Fax no.:
(919) 707 -8976
4h.
Email address:
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Environmental Banc & Exchange
5b.
Business name
(if applicable):
Environmental Banc & Exchange
5c.
Street address:
909 Capability Drive
5d.
City, state, zip:
Raleigh, NC 27606
5e.
Telephone no.:
(919) 829 -9909
5f.
Fax no.:
(919) 829 -9913
5g.
Email address:
Page 2 of 12
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
6594 -00 -38 -5333
1 b. Site coordinates (in decimal degrees):
Latitude: 35.257486 Longitude: - 80.029953
(DD.DDDDDD) (- DD.DDDDDD)
1 c. Property size:
18.6 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Clarks Creek
proposed project:
2b. Water Quality Classification of nearest receiving water:
C
2c. River basin: map is available at
Yadkin
hftp://h2o.enr.state.nc.us/admin/maps/
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 proposed project is located on privately owned property that is used for cattle grazing. Site streams exhibit excessive
erosion and down - cutting due to impacts from cattle and agricultural practices.
3b. List the total estimated acreage of all existing wetlands on the property: 0.32 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
6263 linear feet of existing stream
3d. Explain the purpose of the proposed project:
The purpose of the project is to restore ecological function, natural stability, wetland hydrology, and aquatic and terrestrial
habitat to a tract of land which has been negatively impacted by agricultural use.
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed activities are intended to restore degraded portions of four streams located within the project limits. Erosion
control measures will be installed prior to any land disturbing activity to prevent erosion and retain sedimentation onsite.
Where the stream channels depart from morphologically stable conditions, they will be reconstructed with proper
dimension, pattern and profile. Restoration will include raising the stream profile to restore hydrologic connection to
historic floodplains and the installation of in- stream structures to provide grade control and improved habitat for aquatic
species. Native vegetation will be planted to provide restoration of a natural forested buffer adjacent to the stream
channels and habitat for insect, terrestrial and avian species. No impact to existing wetlands is proposed and careful
monitoring will ensure no unintentional impacts occur. Upon completion of the work, all access roads, staging areas,
construction entrances and silt fence will be removed and all disturbed soils will be stabilized with mulch and native seed
to establish permanent ground cover. Equipment anticipated for construction efforts include track -hoes, skid - steers, track -
trucks and off -road trucks
Page 3 of 12
PCN Form — Version 1.3 December 10, 2008 Version
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes ❑ No ❑ Unknown
project (including all prior phases) in the past.
Comments:
4b.
If the Corps made the jurisdictional determination, what type
® Preliminary ❑ Final
of determination was made.
4c.
If yes, who delineated the jurisdictional areas?
Agency /Consultant Company: Equinox Environmental
Name (if known): Steve Melton
Other:
4d.
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Wetland Determination Report is attached. Jurisdictional determination to be finalized with PCN submittal per Tyler
Crumbley.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑Yes No
6b.
If yes, explain.
Page 4 of 12
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ® Streams - tributaries ❑ Buffers
® Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary T
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 []PET
Restoration
Thompson Creek
® PER
❑ INT
® Corps
❑ DWQ
S2 ❑ P ®T
Restoration
Dale Branch
® PER
❑ INT
® Corps
❑ DWQ
S3 ❑ P ®T
Restoration
Jerry Branch
® PER
❑ INT
® Corps
❑ DWQ
S4 ❑ P ®T
Restoration
Hudson Branch
® PER
❑ INT
® Corps
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
3i. Comments: Site streams exhibit instabilities in the form of actively migrating headcuts and eroding vertical banks, both of
which will be improved by the implementation of restoration activities.
Page 5 of 12
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.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ®P ❑ T
drainage and conversion to
pond
1.24
stream
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
0. Total open water impacts
1.24
4g. Comments: By breaching dam and removing stagnant agricultural pond, Thompson Creek will be reconnected as a stream
corridor and will restore overall stream function. The pond has contributed to the limited function of Thompson Creek by
impeding sediment transport and hydraulic connectivity, as well affecting aquatic habitat through the presence of algal blooms
and siltation.
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 6 of 12
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.
❑ Neuse
❑ Tar - Pamlico ❑ Other:
Project is in which protected basin?
❑ Catawba
❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
131 ❑P ❑T
-required?
El Yes
❑ No
B2 ❑P ❑T
El Yes
❑ No
B3 ❑P ❑T
❑Yes
❑ No
6h. Total buffer impacts
6i. Comments:
Page 7 of 12
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Where mature vegetation exists on the stream banks it will be incorporated into the newly constructed stream bank.
b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction access will avoid all wetlands and no work is proposed within existing wetlands.
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 ® 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
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: N/A
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non - riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
Page 8 of 12
PCN Form — Version 1.3 December 10, 2008 Version
6. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? If yes, you will have to fill out this entire form — please
contact the State for more information.
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 9 of 12
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 ® 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
❑
Comments:
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
<1 %
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why: This
project will not increase runoff.
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
❑ Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
N/A
❑ Phase II
3b.
Which of the following locally - implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ 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
attached?
❑ Yes ❑ No
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 10 of 12
PCN Form — Version 1.3 December 10, 2008 Version
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
® Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes ® No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after - the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
This project is a stream restoration project. The site will be protected in perpetuity and will not result in future or
cumulative impacts.
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 the proposed project.
Page 11 of 12
PCN Form — Version 1.3 December 10, 2008 Version
6. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
F1 Raleigh
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?
USFWS database of Endangered Species, Threatened Species, Federal Species of Concern and Candidate Species for
Montgomery County.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? I
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA Essential Fish Habitat Mapper v3.0
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?
Proposed restoration activities will result in no impact to any historic properties as confirmed by field investigation and a
review of the property by the SHPO and THPO.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? NC Floodmaps
Tim Baumgartner
6
Applicant/Agent's Printed Name
Date
pplicar}t� nature
signature is valid dUl if an authorization r from the applicant
is ides
Page 12 of 12