HomeMy WebLinkAbout20201292 Ver 1_401 Application_20220224fr.,f DW R
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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*
Version#*
20201292
1
Is a payment required for this project?
No payment required
Fee received
Reviewing Office*
Fee needed - send electronic notification
Central Office - (919) 707-9000
Select Project Reviewer*
Erin Davis:eads\ebdavis
Information for Initial Review
1a. Name of project:
Crane Mitigation Site
1a. Who is the Primary Contact?*
Lin Xu
1 b. Primary Contact Email: * 1c. Primary Contact Phone:*
lin.xu@ncdenr.gov (919)707-8319
Date Submitted
2/24/2022
Nearest Body of Water
Little Crane Creek
Basin
Cape Fear
Water Classification
WS-III
Site Coordinates
Latitude:
Longitude:
35.365072
-79.219292
A. Processing Information u
County (or Counties) where the project is located:
Lee
Is this a NCDMS Project
Yes No
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? °t
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.
Nationwide Permit (NWP) Number: 27 - Restoration
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. Nari on recorded deed:
William E. & Joyce T. Cole
2b. Deed book and page no.:
BK 1634 PG 0665
2c. Contact Person:
William E. Cole
2d.Address
Street Address
3646 ROCKY FORK CHURCH RD
Address Line 2
City
Sanford
Postal /Zip Code
27332
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No
2e. Telephone Number:
(919)353-8257
2f. Fax Number:
2g. Email Address:*
wcreech@restorationsystems.com
3. Applicant Information (if different from owner)
3a. Name:
Lin Xu
3b. Business Name:
NC Division of Mitigation Services
3c.Address
Street Address
217 West Jones Street
Address Line 2
City
Raleigh
Postal / Zip Code
27603
3d. Telephone Number:
(919)707-8319
3f. Email Address:*
lin.xu@ncdenr.gov
4. Agent/Consultant (if applicable)
4a. Name:
Alex Baldwin
4b. Business Name:
Restoration Systems, LLC
4c.Address
Street Address
1101 Haynes Street, Suite 211
Address Line 2
City
Raleigh
Postal / Zip Code
27604
4d. Telephone Number:
(919)274-2419
4f. Email Address:*
abaidwin@restorationsystems.com
C. Proiect Information and Prior Proiect History
1. Project Information
State / Province / Region
NC
Country
USA
3e. Fax Number
State / Province / Region
NC
Country
USA
4e. Fax Number
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Lemon Springs
2. Project Identification
2a. Property Identification Number:
953837389100,
2b. Property size:
953838921700,953848096000
27.7
2c. Project Address
Street Address
3646 ROCKY FORK CHURCH RD
Address Line 2
City
State / Province / Region
Sanford
NC
Postal / Zip Code
Country
27332
USA
u
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
Little Crane Creek
3b. Water Resources Classification of nearest receiving water:
WS-III
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.
030300040306
4. Project Description and History
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:*
Land use at the Site is characterized by active livestock pasture and disturbed forest. Pastures are underlain by hydric soils and during wet years are often characterized by livestock
mires, springheads, and coalescing seepages. Headwaters of the Site were recently timbered and have developed into shrub scrub vegetation. An extensive network of ditched
jurisdictional streams crosses the Site, with ditching extending up each topographic crenulation. Please see attached documentation for additional details.
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:
11.6
4g. List the total estimated linear feet of all existing streams on the property:
3,696
4h. Explain the purpose of the proposed project: *
The project is intended to restore/enhance/preserve degraded streams and wetlands within the Cape Fear River Basin. A detailed description of proposed activities is provided in the
attached Mitigation Plan.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Proposed Site restoration activities include the construction of meandering, E/C-type stream channel resulting in 3,165 linear feet of stream restoration, 915 linear feet of stream
enhancement (Level II), 8.815 acres of riparian wetland re-establishment, 0.683 acres of riparian wetland rehabilitation, and 10.646 acres of riparian wetland enhancement. The project will
be completed with standard earth -moving equipment, including track hoes, track trucks, pump arounds, and bulldozers. A detailed description of proposed activities is provided in the
attached Mitigation Plan.
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-2020-01401
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Grant Lewis, Kenan Jernigan
Agency/Consultant Company: Axiom Environmental, INC.
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
The site was visited by USACE representative James Lastinger. The signed Notification of Jurisdictional Determination is dated March 2, 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?
No
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
2. Wetland Impacts
Buffers
Reason (?)
2b. Impact type"(?)
2c. Type of W.
2d. W. name"
2e. Forested"
A Type of Jurisdicition*
(?)
2g• Impact
area'`
W1
Ecological restoration ��T
Headwater Forest
Wetland GA
Yes
[Corps
0.053
W2
Ecological restoration
P
Headwater Forest
Wetland GA
Yes
Corps
(acres)
0.020
W3
Ecological restoration
T
Headwater Forest
Wetland GE
No
Corps
(acres)
0.076
W4
Ecological restoration
P
Headwater Forest
Wetland GE
No
Corps
(acres)
0.025
W5
Ecological restoration
T
Headwater Forest
Wetland KX
No
Corps
(acres)
0.014
W6
Ecological restoration
P
Headwater Forest
Wetland KX
No
Corps
(acres)
0.009
(acres)
W7
Ecological restoration
T
Headwater Forest
Wetland KY
No
Corps
0.137
(acres)
W8
Ecological restoration
P
Headwater Forest
Wetland KY
No
Corps
0.044
(acres)
2g. Total Temporary Wetland Impact
0.280
2g. Total Wetland Impact
0.378
21. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.098
3a. Reason for impact ()
3b.lmpact type*
3c. Type of impact*
3d. S. name*
30. Stream Type*
3f. Type of
3g. S. width*
3h. Impact
(?)
Jurisdiction*
length*
S7
Ecological restoration
Temporary
Bank Stabilization
UT-1
Perennial
Both
591
Average (feet)
pinear feet)
S2
Ecological restoration
Permanent
Relocation
UT-1
Perennial
Both
1,391
Average (feet)
(linear feet)
S3
Ecological restoration
Temporary
Bank Stabilization
UT-1
Perennial
Both
5
188
Average (feet)
(linear feet)
S4
Ecological restoration
Permanent
Relocation
UT-2
Intermittent
Both
3
405
Average (feet)
pinear feet)
S5
Ecological restoration
Temporary
Bank Stabilization J
UT-2
Intermittent
Both
84
Average (feet)
pinear feet)
S6
Ecological restoration
Permanent
Relocation
UT-3
Intermittent
Both
345
Average (feet)
pinear feet)
g7
Ecological restoration
Permanent
Relocation
UT-4
Intermittent
Both
3
373
Average (feet)
pinearfeeq
H
Ecological restoration
Permanent::]
Relocation
UT-5
Perennial
Both
319
Average (feet)
pinear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
2,833
3i. Total stream and ditch impacts:
2306
3j. Comments:
3i. Total temporary stream impacts:
863
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
This is a stream and wetland mitigation project. As a result, avoidance and minimization were not part of the original design planning. The proposed
project is anticipated to increase the function and length/area of jurisdictional stream/wetland.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The only activities that will take place within the stream are filling and stabilization of banks, placement of channel bed material, and the installation of
cross vanes and drop structures. No machinery will be driven within existing stream channels.
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:
NA. This is a stream and wetland mitigation project.
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 site is not located within a designated NC Riparian Buffer basin.
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:
This is a stream and wetland mitigation project and does not require a Stormwater Management Plan.
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
Comments: "
N/A
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 is anticipated to improve water quality.
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
5i. 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?
U.S. Fish & Wildlife Service Information for Planning and Consultation (IPaC) website and NC Natural Heritage (NCNHP) website.
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?
NOAA Fisheries Essential Fish Habitat Mapper v2.0 (online).
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?*
The North Carolina State Historic Preservation Office GIS website v2.0 (online)
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?*
FEMA Flood Insurance Rate Map 3710953800J, Panel 9538, effective September 6, 2006
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
Crane_100165_MP_2022.pdf 26.77MB
Crane401 FeeMemo.pdf 216.78KB
File must be PDF or KMZ
Comments
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:
Alexander E. Baldwin
Signature
64�w 65,1�zl�.r :e�
Full Name (DMS Signature)
Lin Xu
DSM Signature
Date
2/24/2022
ROYCOOPER
Governor
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD NORTH CAROLINA
Environmental Quality
Director
MEMORANDUM:
TO: Debby Davis
FROM:
Lin Xu LX
SUBJRCT:
Payment of Permit Fee for 401 Certificate Application
DATE:
, 2022
The Division of Mitigation Services (DMS) is implementing a mitigation project for Site
in County (DMS IMS # 1001). The activities associated with this restoration project involve stream
restoration related temporary stream and wetland impact. To conduct these activities, the DMS 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 DMS Fund # 298, 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: Erin Davis, DWR