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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 WjATF��,OG 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