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HomeMy WebLinkAbout20140375 Ver 1_More Info Received_20140527Homewood, Sue From: Justin Church <justin @brec.biz> Sent: Tuesday, May 27, 2014 10:37 AM To: Homewood, Sue Cc: Derek Goddard; Alexander, Tasha L SAW Subject: Re: [EXTERNAL] Re: Shepherds Way Farm (UNCLASSIFIED) Attachments: PCN_FORM_05272014.pdf Tasha/Sue, Please see that revised PCN form attached. Responses to questions are inline. Let me know if you need additional information. On Fri, May 9, 2014 at 11:42 AM, Homewood, Sue <sue.homewood @ncdenr.gov> wrote: Justin/Derek, We can discuss these at the site meeting or you can submit information between now and then, it's up to you, I just wanted you to be prepared for some of my questions. Can you please provide us with more information about the design. Do you have reference reach comparisons? I covered this in the updated PCN form, but basically this is a priority 2 /priority 3 restoration design with the goal of reducing bank erosion by creating a floodplain stabilized with boulder structures and dense woody vegetation. Some channel realignment will be necessary, but the goal is to use the existing channel to the maximum extent possible. Typically, we use reference reach data that was compiled by the NCSU Stream Restoration Program. While we do use reference reach data, our design is not entirely based on reference reach comparisons. Some design choices are based on experience, and some are based other parameters published in the academic literature. Will you be able to meet the "work in the dry" condition of the 401 General Certification? Yes, a pump will be utilized to work in the dry. It looks like the first instream structure will be really close to George Shepherd Rd. Have you talked to NCDOT about the project? NCDOT has provided comment that this is not of concern to them. I think you have seen that, but let me know if you haven't. Can you clarify whether you will be planting trees within the buffer? There are specs for tree planting but the riparian seeding schedule is just for herbaceous cover and I don't see planting specifically called out anywhere on the plans. We will plant a 25' buffer with woody and herbaceous vegetation. OBOE W A TF9OG Q < Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 11 PCN Form — Version 1.3 December 10. 2008 Version Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: X Section 404 Permit ❑Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes X No 1 d. Type(s) of approval sought from the DWQ (check all that apply): X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes X No For the record only for Corps Permit: ❑ Yes X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes X No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ❑ Yes X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes 1 No 2. Project Information 2a. Name of project: Shepherds Way Farm - Piney Branch Stream Restoration 2b. County: Ashe 2c. Nearest municipality / town: Laurel Springs 2d. Subdivision name: NA 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Shepherds Way Farm, LLC 3b. Deed Book and Page No. 417/370 3c. Responsible Party (for LLC if applicable): Jarvis Dickens 3d. Street address: 540 George Shepherd Road 3e. City, state, zip: Laurel Springs, NC 28644 3f. Telephone no.: 704 - 437 -4554 3g. Fax no.: N/A 3h. Email address: N/A Page 1 of 11 PCN Form — Version 1.3 December 10. 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 14421 -085 1b. Site coordinates (in decimal degrees): Latitude: 36.440213 Longitude: - 81.287006 (DD.DDDDDD) (- DD.DDDDDD) 1 c. Property size: 67 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Piney Branch proposed project: 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: New 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Current land use is agricultural fields with some forest cover. Stream banks are heavily eroded from lack of riparian buffer. 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 4800' Perennial 3d. Explain the purpose of the proposed project. This is a USDA EQIP funded project. The goal of the project is to reduce stream bank erosion. 3e. Describe the overall project in detail, including the type of equipment to be used: This restoration is a priority 2 /priority 3 design. The goal is to reduce bank stress by creating floodplain benches stabilized with boulder pool and riffle structures and dense woody vegetation. Some channel realignment will be necessary to reduce bank stress, however, the existing channel will be utilized as much as possible. Native bed material will be reused in all channel realignment sections. Work will be completed in the dry and stabilized with coir matting at the end of each day's work. Any constructed riffles shown on the plansheets that are not necessary to hold grade will not be installed. Work will be completed with a tracked excavator. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / Yes X No El Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ❑ Preliminary Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Name (if known): Unknown Other: 46 If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes X No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): Wetlands X Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 P T ❑ Yes Corps No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 X P❑ T Restoration Piney Branch X INR X Corps 8 1.868 S2 P ❑ T PER Corps ❑ INT DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT I ❑ DWQ 3h. Total stream and tributary impacts 1,868 3i. Comments: Page 5 of 11 PCN Form — Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The only practical alternative to preventing erosion and restoring stream function is a holistic restoration. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Stringent erosion control standards for sensitive water sheds will be adhered too. All disturbances will be stabilized at the end of each days work. 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 yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non- riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes X No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0 % 2b. Does this project require a Stormwater Management Plan? ❑ Yes X No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Project is in forested, rural setting. All stormwater is diffuse flow over vegetated surfaces. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ❑ Phase II 3b. Which of the following locally - implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 11 PCN Form —Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ® Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? http: / /www.ncnhp.org - http:// www .saw.usace.army.mil/WETLAND /esa - http : / /www.fws.gov /nc- es /es /es.html 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? FEI Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? http: // ocean. floridamarine .org /efh_coral /ims /viewer.htm 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 ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? http: / /www.hpo.ncdcr.gov 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: No rise to the flood way will occur. 8c. What source(s) did you use to make the floodplain determination? http: / /www.ncfloodmaps.com Derek Goddard 4/11/14 Applicant /Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided Page 11 of 11