Loading...
HomeMy WebLinkAbout20201279 Ver 1_401 Application_20220104DW R mrlsloa of ware. Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver 4.1 Initial Review Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. BIMS # Assigned* 20201279 Is a payment required for this project? No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Erin Davis:eads\ebdavis Information for Initial Review 1a. Name of project: Cool Springs Mitigation Site 1a. Who is the Primary Contact?* Jeff Keaton 1 b. Primary Contact Email: jkeaton@wildiandseng.com Date Submitted 1 /4/2022 Nearest Body of Water Cedar Creek Basin Cape Fear Water Classification WS-IV and Class C Site Coordinates Latitude: Longitude: 35.445345 -78.967513 Pre -Filing Meeting Information Is this a courtesy copy notification? Yes No A. Processina Information County (or Counties) where the project is located: Harnett Is this a NCDMS Project Yes No Version# * 1 Reviewing Office* Central Office - (919) 707-9000 1c. Primary Contact Phone:* (919)851-9986 Is this project a public transportation project?* Yes No 1a. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? Yes No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act. na Nationwide Permit (NWP) Number: Multiple NWP #'s (specify below) NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?" Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information 1d. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?" Yes No 2. Owner Information 2a. Name(s) on recorded deed: Patterson and Sons, Inc. 2b. Deed book and page no.: DB: 1622 PG: 187, DB:1323 PGA 2c. Contact Person: Timothy Patterson 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d.Address Street Address 78 Tim Patterson Lane Address Line 2 City State / Province / Region Broadway NC Postal / Zip Code Country 27505 USA 2e. Telephone Number: 21. Fax Number: (919)499-3128 2g. Email Address:* jandtp@gmaiLcom 2a. Name(s) on recorded deed: Timothy and Donna Cameron 2b. Deed book and page no.: DB: 1136 PG: 0345 2c. Contact Person 2d.Address Street Address 3445 Cool Springs Rd. Address Line 2 City Stale / Province / Region Broadway NC Postal / Zip Code Country 27505 USA 2e. Telephone Number: 2f. Fax Number: (919)356-5034 2g. Email Address: neillsmom@gmaiLcom 3. Applicant Information (if different from owner) 3a. Name: Lin Xu 3b. Business Name: NCDEQ-DMS 3c.Address Street Address 217 W. Jones St, Suite 3000A Address Line 2 City State / Province / Region Raleigh North Carolina Postal / Zip Code Country 27603 USA 3d. Telephone Number: 3e. Fax Number: (919)707-8319 3f. Email Address: lin.xu@ncdenr.gov 4. Agent/Consultant (if applicable) 4a. Name: Carlynn Walker 4b. Business Name: Wildlands Engineering, Inc. 4c.Address Street Address 312 West Millbrook Rd. Suite 225 Address Line 2 City Raleigh Postal / Zip Code 27609 4d. Telephone Number: (919)851-9986 4f. Email Address:* cwalker@wildlandseng.com C. Project Information and Prior Project History 1. Project Information 1 b. Subdivision name: (if appropriate) 1c. Nearest municipality I town: Broadway 2. Project Identification 2a. Property Identification Number: 1306010074,1306010092 2c. Project Address Street Address 3085 Holly Springs Church Road Address Line 2 City Broadway Postal / Zip Code 27505 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Cedar Creek 3b. Water Resources Classification of nearest receiving water: WS-IV and Class C 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300040106 4. Project Description and History State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 21.1 (Proposed Conservation Easement) State / Province / Region NC Country Harnett 4a. 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 project area is located in a rural watershed in Harnett County, NC. Land use in and immediately adjacent to the project primarily consists of cattle pasture, chicken houses, forested, and low density rural residential. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 1.149 4g. List the total estimated linear feet of all existing streams on the property: 7,607 4h. Explain the purpose of the proposed project: The purpose of the proposed project is to provide stream and wetland mitigation credits in the Cape Fear 03030004 service area for the North Carolina Department of Environmental Quality Division of Mitigation Services. Mitigation practices will include stream restoration, stream enhancement, wetland re-establishment, wetland rehabilitation, and wetland enhancement. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project proposes restoration and enhancement to existing streams and wetland re-establishment, wetland rehabilitation, and wetland enhancement. Stream restoration will be achieved through the use of natural channel design and will use a Priority 1 approach. Priority 1 restoration will involve excavation of a new channel that is designed to be functional and stable. Stream dimension, pattern, and profile have been designed to allow frequent overbank flows, a stable bed with variable bedforms using in -stream structures, well vegetated banks, and improvements to aquatic habitat. Stream enhancement II will primarily consist of fencing out livestock, repairing localized erosion, stabilizing head cuts, and planting a native riparian buffer. Wetland re-establishment, rehabilitation, and enhancement will be achieved through a combination of stream restoration, excluding cattle, and planting a native riparian buffer. Excavators will be used for channel excavation, bank grading, and floodplain grading. Articulated off -road trucks and track trucks will be used for hauling soil. Small equipment such as mini excavators and skid steers may also be used during grading activities. A conservation easement has been recorded in the project area. See Appendix 11 of the mitigation plan for additional design information. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2020-01400 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Carlynn Walker Agency/Consultant Company: Wildlands Engineering, Inc. Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR USACE determination issued 6/3/2021 6. Future Project Plans 6a. Is this a phased project?* Yes No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts 2a1 Reason M 2b. Impact type*(?) 2c. Type of W. 2d. W. name* 2e. Forested* 2f. Type of Jurisdicition* Impact ��2g. ?) area W1 Stabilization P Headwater Forest Wetland A No Both 0.003 W2 Grading T Headwater Forest Wetland A No Both (acres) 0.001 W3 Floodplain Grading T Headwater Forest Wetland B No Both (acres) 0.002 (acres) W4 Crossing/Stabilization P Headwater Forest Wetland D No Both 0.002 WS Haul T Headwater Forest Wetland D No Both (acres) O.03 GradingRoad/Floodplain e) W6 Haul Road/Floodplain T Headwater Forest Wetland E Yes Both 0.014 Grading (acres) W7 Crossing P Headwater Forest Wetland F No Both 0.001 (acres) W8 Haul Road/Floodplain T Headwater Forest Wetland F No Both 0.040 Grading (acres) W9 Channel Relocation P Headwater Forest Wetland G No Both 0.001 (acres) W10 Floodplain Grading ��T Headwater Forest Wetland G No Both 0.046 (acres) 2g. Total Temporary Wetland Impact 0.135 2g. Total Wetland Impact 0.142 2i. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.007 3a. Reason for impact (I 36.Impact type 3c. Type of impact 3d. S. name* 3e. Stream Type* 3f. Type of 3g. S. width* 3h. Impact (?) Jurisdiction" length" S7 Relocation/Bank Permanent Other UT to Cedar Creek Perennial Both 19 769 Stabilization/Stabilization Average (feet) (linear feet) S2 Replacing Existing Culvert Permanent Culvert UT to Cedar Creek Perennial Both 19 9 Average (feet) (linear feet) S3 Bank Grading Temporary Bank Stabilization UT to Cedar Creek Perennial Both 19 88 Average (feet) (linear feet) S4 Relocation Permanent Relocation T1 Perennial Both 12 184 Average (feet) (linear feet) S5 Bank Grading Temporary Bank Stabilization T1 Perennial Both 12 89 Average (feet) (linear feeQ S6 Relocation Permanent Relocation T2 Intermittent Both �473 Average (feeQ pinear feeQ S7 Relocation/Bank Permanent Other T3 Perennial Both 5 617 Stabilization/Stabilization Average (feet) linear feet) gg Replacing Existing Culvert Permanent Culvert T3 Intermittent Both Average (feeQ (linear feeQ gg Bank Grading Temporary Bank Stabilization T3 Intermittent Both 94 Average (feeQ pinear feeQ S70 Relocation Permanent Relocation T4 Perennial Both 1,032 Average (feeQ pinear feet) S11 Replacing Existing Culvert Permanent Culvert T4 Perennial Both 6 3 Average (feeQ pinear feet) F2]�Relocation Permanent Relocation T5 Intermittent Both 141 Average (feeQ (linear feet) F3]�Relocation Permanent Relocation IF Perennial Both 501 Average (feeQ (linear feet) F4]�Relocation Permanent Relocation T7 Perennial Both 100 Average (feeQ (linear feeQ S75 Relocation Permanent Relocation T8 Perennial Both 5 748 Average (feeQ pinear feeQ 3i. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 4,579 3i. Total stream and ditch impacts: 3819 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 271 U 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Restoration and enhancement will impact project channels and wetlands during construction; however, these activities are designed to have an overall long-term positive effect. Natural channel design techniques will be used to restore and improve stream function and habitat and establish flood storage. Stream impacts were avoided or minimized to project reaches that exhibit less instability and incision. These reaches are generally proposed for Enhancement II. Enhancement II will involve localized channel stabilization, fencing out cattle, removing invasive plant species, and planting native riparian species. Relocated stream alignments and construction access roads will be located to avoid existing wetlands as much as possible and minimize grading impacts. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Restoration will involve construction of of line channel sections which will minimize sedimentation to aquatic systems during construction. Newly constructed channel banks will be stabilized using biodegradable coir fiber matting and seeded and planted with native riparian vegetation. Haul roads and access routes to be located on uplands where possible to avoid impacts. Construction practices will follow guidelines from the NC Erosion and Sediment Control Planning and Design Manual. 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 this project DOES NOT require Compensatory Mitigation, explain why: Compensatory mitigation should not be required for aquatic habitat restoration relative activities authorized under a NWP 27, since these activities must result in a net increase in aquatic resources functions and services. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No If no, explain why: The project is not located in an area subject to NC Riparian Buffer Protection Rules. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No Comments: The stream and wetland project will not add any impervious surfaces. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* Yes No 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 (North Carolina) Environmental Policy Act (NEPA/SEPA)?* Yes No 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?* Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality? * Yes No 3b. If you answered "no," provide a short narrative description. This is a stream and wetland mitigation project and will not cause an increase in development nor will it negatively impact downstream water quality. The project area will be protected in perpetuity from future development through a conservation easement. ,v U 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* Yes No 5e. Is this a DOT project located within Division's 1-8? Yes No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No Unknown 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? See the approved Categorical Exclusion Document in the project's Mitigation Plan for additional information. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? See the approved Categorical Exclusion Document in the project's Mitigation Plan for additional information. 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 status?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* See the approved Categorical Exclusion Document in the project's Mitigation Plan for additional information. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* Harnett Count Flood Insurance Rate Map (FIRM) 3720060000J Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document Appendix_Combined.pdf 4.92MB CoolSprings401 FeeMemo.pdf 184.31 KB Cool Spring Impact Map.pdf 1.58MB Approval Letter_NCDMS Cool Springs_SAW-2020-01400.pdf 210.11KB CoolSprings_100166_MP_2021.pdf 78.29MB File must be PDF or KMZ Comments An estimated 0.5 acres of trees will be removed during construction. Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Carlynn Walker Signature @a-&Z�I w Full Name (DIMS Signature) Lin Xu DSM Signature Date 1 /4/2022