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HomeMy WebLinkAbout20071392 Ver 1_Application_2007081507 ~' ~ ~ 9 2 MEMORANDUM: TO: FROM: SUBJECT: DATE: Cyndi Karoly Salam Murtada Permit Application- Cat Creek Stream and Wetland Restoration August 8, 2007 Attached for your review are 2 restoration plans (1 sent to Asheville Regional Office) for the Cat Creek Stream and Wetland Restoration, Macon County. Please feel free to call me with any questions regarding this plan (715-1972). Thank you very much for your assistance. Attachment: Restoration Plan (2 originals) ~~~~~~ Luc, l ~ zoor tJENR -WATER QUALITY YVET1AN03 A~uD STQ'i!s~lAT6R BRANCH ~~ North Carolina Ecasy~tem~Cnl~ancement Program, 162 l~lall SerYlce Center, Raleigh, NC 27699-1652 / 919-715-4176 1 www.ceep.net Office Use Only: Form Version October 2001 07-1392 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Section 10 Permit ® 401 Water Quality Certification ^ Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 27 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII -Mitigation), check here: ^ II. Applicant Information ~. ~ {~ "'~"~'" 1. Owner/Applicant Information ~~(' ~ ~ IUU~ Name: NC Ecosystem Enhancement Program, Attention: Salam Murtada ~~w~ . ~,~•i•~,~ ~.;A~;~ Mailing Address: 1652 Mail Service Center Raleigh, NC 27699-1619 "~~ ~~~ ~rca~~~vA' ~~ stl~ Telephone Number: 919-715-1972 Fax Number: 919-715-2219 E-mail Address: salam.murtada~icmail.net 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: E-mail Address: Fax Number: Page 5 of 13 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined.. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Cat Creek Stream and Wetland Restoration 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): _ 4. Location County: Macon Nearest Town: Franklin, NC Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): The project is located east of the town of Franklin in Macon County. Cat Creek Road (SR 1513) is located off of US23/441 between Business 441 and US 64. If proceeding south on US 23 turn left onto Cat Creek Road. Proceed along Cat Creek Road for approximately 1.5 miles and turn left onto Ferguson Road to access the Preserve and the Parker tracts. 5. Site coordinates, if available (UTM or Lat/Long): (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Rural residential, pasture land and farm land. 7. Property size (acres): approximately 12 acres 8. Nearest body of water (stream/river/sound/ocean/lake): Cat Creek 9. River Basin: Little Tennessee River Basin (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/ma~s/.) Describe the purpose of the proposed work: The work involves stream restoration of approximately 8,056LF of existing stream and restoration of 1.21 acres of existing wetlands. Page 6 of 13 List the type of equipment to be used to construct the project: Track Hoes, 10. Describe the land use in the vicinity of this project: farm land, pasture land and rural residential IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Wetlands have been delineated within the conservation easement. On February 24, 2004, Steve Lund of USACE Asheville Regulatory Office inspected the site and confirmed the wetlands areas and boundaries. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: None VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Wetland impacts Wetland Impact T e of Area of Located within Distance to *** Site Number Impact 100-year Floodplain** Nearest Stream Type of Wetland (indicate on ma) Impact* (acres) (es/no) (linear feet) Swartwout Wetland Restoration 0.55 No < 50 feet Jurisdictional Preserve Wetland Restoration 0.66 No < 50 feet Jurisdictional Page 7 of 13 * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at htta:/hvww.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 1.21 ac Total area of wetland impact proposed: 1.21ac 2. Stream Impacts, including all intermittent and perennial streams: 8,056 linear feet (Existinir) Stream Impact Site Number indicate on ma) Type of Impact* Length of Impact (linear feet Stream Name** Average Width of Stream Before Im act Perennial or Intermittent? leases eci ) Swartwout - Upper Restoration 880 Swartwout 17.5 Perennial Swartwoutt - Lower Restoration 770 Swartwout 19.9 Perennial Swartwouth-UT1 Restoration 463 Swartwout 16.03 Perennial Waldroop-Upper Restoration 1463 Waldroop 22.89 Perennial Walkroop-Lower Restoration 480 Waldroop 22.89 Perennial Parker Restoration 1750 Parker 18.48 Perennial Parker-UT2 Restoration 210 UT2 to Parker 8.2 Perennial Parker-UT3 Restoration 165 UT3 to Parker 6.7 Perennial Preserve Restoration 1765 Preserve 32.98 Perennial UT4 to Preserve Restoration 110 UT4 to Preserve 13.2 Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include Linear feet before and after, and net loss/gain), Page 8 of 13 stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at I-800-358-9616, or online at www.us~s.eov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 8,056 linear feet (existing). Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on ma) * Type of Impact Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, ba ,ocean, etc.) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation (N/A) If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The existing stream will be restored within the assigned construction easement. Sedimentation and Erosion Control measures will be complied with and reviewed closely by the DENR Division of Land Resources. The Land Quality Section will also issue the Sedimentation and Erosion Control Permit after approving the plans and specifications. VIII. Mitigation Page 9 of 13 DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at httn: //h2o. enr. state. nc . us/ncwetlands/strmgi de. html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Please refer to the plan sheets in the Attachment Section of the Restoration Plans 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Page 10 of 13 Amount of Riparian wetland mitigation requested (acres): Amount ofNon-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ® No ^ If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No ® If you answered "yes", provide the following information: Identify the square .feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (s uare feet) Multiplier Required Miti ation 1 0 3 0 2 0 1.5 0 Total 0 Page 11 of 13 * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. XI. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss Stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Not applicable to this project XII. Sewage Disposal (DWQ Only) 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. The contractor will be hetd responsible for protecting all sewer lines and water lines that exist. The designer is required to show all utility lines including sewer lines on the design sheet. The contractor is required to verify the exact location of the sewer lines. In addition, the contractor is required to call the "Call Before You Dig: toll free number at least 48 hours before construction activities. XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this anafter-the-fact permit application? Yes ^ No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Page 12 of 13 ~/ ~/2~~ Applicant/Agent's Signature° '"P Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 13 of 13