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