HomeMy WebLinkAbout20140608 Ver 1_401 Application_20140614McGill
A S S O C I A T E S
June 13, 2014
Ms. Karen Higgins
North Carolina Division of Water Resources
401 & Buffer Permitting Unit
512 North Salisbury Street, 91h Floor
Raleigh, North Carolina 27604
Dear Ms. Higgins:
20140608
RE: Big Hungry Dam
Upper Dam Removal
Henderson County, North Carolina
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ENGINEERING &
On behalf of the North Carolina Wildlife Resources Commission (NCWRC), I am
enclosing the following items for review and approval for the subject project.
• Four (4) copies of the Pre - Construction Notification (PCN)
• Two (2) copies of 11" x 17" plans
• Two (2) copies of 24" x 36" plans
• CD in .pdf format of plans
• Four (4) copies of USGS Map and Location Map
• Four (4) copies of the Agent Authorization form
• Check for required $570 permit processing fee
The site is in Henderson County on the Big Hungry River above the Big Hungry Road
bridge, and is being submitted on behalf of the North Carolina Wildlife Resources Commission
who is responsible for the dam's maintenance and liability. Your office has previously reviewed
a PCN for the Lower Dam removal, and we are now finalizing our permitting for that project.
The Upper Dam removal project is a larger project, with a large solid concrete dam to be
demolished and removed. Along with the dam removal, we will be removing approximately
40,000 cubic yards of sediment, debris and vegetation that have accumulated and grown behind
the dam. During this sediment removal process, we will utilize temporary pipes to serve as a
bypass around the work area. The sediment will be removed and transported along an existing
logging road which is being improved to allow for off -road trucks to haul the sediment and
dispose of it in a dry upland location. This improved road will require four short cross pipes for
55 Broad Street P.O. Box 2259 ph: 828.252.0575
Asheville, North Carolina 28801 Asheville, North Carolina 28802 f: 828.252.2518 www.megillengineers.com
Ms. Karen Higgins, Supervisor
June 13, 2014
Page 2 of 2
intermittent stream flow. As part of the project, we will be restoring approximately 1,100 feet of
river to a natural state, as the sediment is being removed.
We appreciate your review of this submittal, which I am also mailing to the US Corps of
Engineers, NCWRC, and US Fish & Wildlife. If you have any comments or questions regarding
this submission, please do not hesitate to call me at (828) 252 -0575.
Sincerely,
McGILL ASSOCIATES, P.A.
Dale E. ennell, PE, PLS
Project Manager
cc: Mr. Preston Royster, Facility Construction Engineer, NCWRC
PA2011 \11.00164 \Letters \DWQ Transmittal Letter UPPER 13june2014.doc
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20140608
On
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre - Construction Notification PCN Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
t
; Section 404 Permit E] Section 10 Permit
®
1b. Specify Nationwide Permit (NWP) number: 27,_33, or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
®,Yes
❑ No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 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 ® No
For the record only for Corps Permit:
❑ Yes ®.'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.
El Yes
No
-
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
; ® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
®"No
2. Project Information
2a. Name of project:
; Big Hungry River Upper Dam Demolition
2b. County:
Henderson
2c. Nearest municipality / town: -
Heridersoriville
2d. Subdivision, name:
1-NA
2e. NCDOT only, T.I.P. or state 17
project no:
: NA
—
3. Owner Information
3a. Name(s) on Recorded Deed:
State of North Carolina
3b. Deed Book and Page No.
860/539
3c. Responsible Party (for LLC if
applicable):
NCWRC - Preston Ro yster.
-- _ -__ -- — - y_ - -,
JUN ]l 6 2014
3d. Street address:
11718-NC HWY 56 West
3e. City, state, zip:
Creedmoor, North- C&oliha -27522
3f. Telephone no.:
919- 707 =0376
3g. Fax no.:
919- 528 -2524
3h. Email address:
, preston.royster@ndWildlife.org
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state,'zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 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):
0508221599
Latitude: _35.298661 N1 Longitude: -
1 b. Site coordinates (in decimal degrees):
82.355986
(DD.DDDDDD) (- DD.DDDDDD)
1c. Property size:
'141.61_ acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
gig Hungry River
proposed project:
2b. Water Quality Classification of nearest receiving water:
C;Tr _
2c. River basin:
Broad River .
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:
thick woodland on stream banks and mountainside; existing use - gamelands
3b. List the total estimated acreage of all existing wetlands on the property:
Unknown
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Unknown - 'Exceeds 10,000 feet;
3d. _Explain the purpose of the proposed project:
removal of1existing concrete dam and restoration of river
3e. Describe the overall project in detail, including the type of equipment to be used:
install erosion control, demolish dam using backhoe with pneumatic ram; load sediment into dumptrucks by using front_
end loader;) place concrete rubble on access road; chip trees and vegetation with grinder; blow chippings in place on
mountainside; dispose of sediment in upland area; restore all disturbance.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
El Yes ®-No ❑ 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):
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
56. Have permits or certifications been requested or obtained for
❑ Yes ❑ 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
6. Future Project Plans
6a. Is this a phased project? ❑ Yes %" ®~No
6b. If yes, explain.
Page 4 of 11
PCN Form — Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
® Wetlands Z, 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
Access Road
- - -
Forested seep
®•Yes
❑ No
® Corps
❑ DWQ
r 0.05
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
,x0.05,;
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� ®P ❑ T
Access Road
UT1 to Big Hungry
` ® PER
;- ®:.Corps
<1
20
s _ -_-
i River ,
❑-INT
❑ DWQ
- -- 1
S2 ®'P ❑ T
Access_Road -
UT1 to,Big Hungry`
-
® PER
® Corps
<J
River
❑ INT
❑ DWQ
S3 El T
- Access Road
- UT1 to Big Hungry
=River
®- PER
`Z Corps
<1
❑INT
❑DWQ
- u
S4 ®P ❑ T
Access Road
UT1 -to Big Hungry
®PER
-® Corps
F❑
- ,
<1'
30 "G
--
- River'
❑ INT
DWQ
!
SS:, ®'P ❑ T
River Restoration ;,
_
-Bi Hun River
9 9rY
®PER
❑INT
Z, Corps
❑DWQ
15' -25'
-
..
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
i 1,250
3i. Comments:
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number-
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
- --
01 ❑P [IT
NA'.
02 ❑P ❑T
NA '
03 ❑P ❑T
NA
04 ❑P ❑T
i NA
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
NA-'
P2
r
NA.-
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWO)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse ❑ Tar - Pamlico ❑ Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number -
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
required?
B1 ❑P ❑T
i -i
❑Nos
-A
B2 ❑P ❑T
ANA
El
❑ No
B3 ❑P ❑TNA,_-
E:1 Nos
6h. Total buffer impacts
6i. Comments:
Page 6 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 existing road bed will be used to provide access to the work area and minimal improvement will be made to it; the work,,
impacting the stream will be -the removal of woody debris, refuse and the dam itself,-and then removal of sediment-and
- restoration of the river bed.
1b. Specifically describe measures take_ n to avoid or minimize the proposed impacts through construction techniques._._
The stream flow will be temporarily diverted by a sand bag berm around the work area at the dam to provide drier conditions ,
for the removal' process and prevent escape of sediment. While water is diverted, the dam and upstream sediment will -be
removed and the resulting river bed restored before water is allowed to flow again.
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 '-Z-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
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: NA `
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.
- NA
Page 7 of 11
PCN Form — Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ®No
-`
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 8 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
1a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® 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 ®No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
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?
Henderson County
❑ Phase II
3b. Which of the following locally - implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
[O-Other: NA
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: NA
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
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expnditure of public (federal /state /local) funds or the
®Yes E] No
use of public (federal /state) land?
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
❑ Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes ❑ No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes r ® No
or Riparian Buffer Rules (15A NCAC 2B.0200)?
2b. Is this an after - the -fact permit application?
❑ Yes + ®_No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
development,
❑Yes No
additional which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. 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.
NA
Page 10 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
to Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
[I Yes No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Raleigh
® Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
FWS listing for Henderson County, NC of Endangered and Threatened Species, Federal Species of Concern, and
Candidate Species; NHP's Map Viewer; NC NHP Heritage Data Search Listing for USGS Cliffield Mountain quad.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NCWRC Staff
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?
NC Department of Cultural Resources State Historic Preservation Office; interviewed Henderson County Historic
Resources Commission personnel.
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:
8c. What source(s) did you use to make the floodplain determination? FIRM North Carolina Map -No. 37009597001
NG WILDLIP6 1UPSo✓RGAS
CoMM 1S51C*J
P 6 4r-or4 Roy w6lZ
P-41'....
(
Appiicant/Agent's Printed Name
Date
Applicant/ gent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
Is provided.)
Page l 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version
North Carolina Wildlife Resources Commission
'Division of Engineering and Lands Management
1718 NC Huy 56 W, Creedmoor, North Carolina 27522
March 280'. 2014
David Brown, PG
Regulatory Specialist/Geologist
USACE Wilmington District - Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801.5066
Re: Big Hungry Dam, Removal Project
Agent Authorition
Mr. Brown:
The NC Wildlife Resources Commission has an agreement with McGill Associates, PA for the design and
permitting for the removal and restoration of the Big Hungry Upper and Lower Dams in Henderson County. McGill
Associates, PA is authorized to act as an agent for the NC Wildlife Resources Commission for permit submittals,
bidding, and construction administration on this project.
Please do not hesitate to contact me at (919) 707 -0376 should you have any questions or need more, information on
11 this matter.
Sincerely,
Preston Ro r, PE
Facilities Construction Engineer
Division of Engineering and Land Management
DIVISION OF ENGINEERING AND LANDS MANAGEMENT
Mailing Address: 1720 Mail Service Center - Raleigh, NC 27699 -1720
Office Location: 1751 Varsity Drive • Raleigh, NC 27606 -2576 - Telephone: (919) 707 -0150 • Fax: (919) 707 -0162
GRAPHIC SCALE 1 INCH = 2000 FEET