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HomeMy WebLinkAbout20201292 Ver 1_401 Application_20220224fr.,f DW 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* 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