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HomeMy WebLinkAbout20140573 Ver 1_More Info Received_20140926Burdette, Jennifer a From: Dana A. Lutheran <dlutheran @segi.us> Sent: Friday, September 26, 2014 10:34 AM To: Burdette, Jennifer a; 'Greer, Emily C SAW' Subject: Grantsboro Mine - Revised PCN and Impact Map Attachments: PCN Final 9- 26- 14.pdf, Grantsboro Proposed Impact Map 082214.pdf Jennifer/ Emily: To account for the fill being placed in the open water pit, for the purpose of transforming the pit into forested wetland, I updated the PCN (specifically Page 4) and the Wetland Impact Map. Please review and confirm that they have been accurately revised. Thank you, Dana 50utkern Environmental (,if-OUP, Inc:. 53 1 5 �30 Jtk College KOa3d, Suite E_ Wilmington, NC 28-112 rkone: j 10A 152.271 1 Mokile: j 10.228.18-11 0 Office Use Only Corps action ID no. DWR project no. Form Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ® Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 44 and 27 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ®Yes ❑No 1 d. Type(s) of approval sought from the DWR (check all that apply): ®401 Water Quality Certification — Regular ❑Non -404 Jurisdictional General Permit ❑401 Water Quality Certification — Express ❑Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWR 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. ❑ Yes ®No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ®Yes ❑No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑Yes ®No 2. Project Information 2a. Name of project: Grantsboro Mine 2b. County: Pamlico 2c. Nearest municipality/ town: New Bern 2d. Subdivision name: NA 2e. NCDOT only, T.I.P. or state project no: NA 3. Owner Information 3a. Name(s) on Recorded Deed: Cayton Development, LLC 3b. Deed Book and Page No. 525/710, 572/342 & 560/476 (See Attachment 1) 3c. Responsible Party (for LLC if applicable): Mr. Scott Cayton 3d. Street address: PO Box 3361 3e. City, state, zip: New Bern, NC 28564 3f. Telephone no.: 252.671.3172 3g. Fax no.: NA 3h. Email address: msc0404 @gmail.com 4. Applicant Information (if different from owner) - same as above. 4a. Applicant is: ❑Agent ❑Other, specify: 4b. Name: 25.7 Acres 4c. Business name (if applicable): 2a. Name of nearest body of water to proposed project: 4d. Street address: SC;Sw,NSW 4e. City, state, zip: 3. Project Description 4f. Telephone no.: 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: NA 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Dana A. Lutheran (see Attachment 2) 5b. Business name (if applicable): Southern Environmental Group, Inc. (SEGi) 5c. Street address: 5315 South College Road, Suite E 5d. City, state, zip: Wilmington, NC 28412 5e. Telephone no.: 910.452.2711 5f. Fax no.: 910.452.2899 5g. Email address: dutheran@segi.us B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): 654158876900, 654158062400, 65418605600 & 6541484573000 1 b. Site coordinates (in decimal degrees): Latitude: 35.1558 ON Longitude: 76.8408 °W 1 c. Property size: 25.7 Acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Sandhill Canal flows to South Prong Bay River 2b. Water Quality Classification of nearest receiving water: SC;Sw,NSW 2c. River basin: Tar- Pamlico (03020105) 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: Land use in the vicinity is mostly residential and agricultural. Currently the Applicant has cleared approximately all of the land of vegetation and has excavated three (4) pits, totaling approximately 12.06 acres. Approximately 0.61 acres of Pit #4 was dug in wetlands without USACE or DWR authorization (see Attachment 3). Several spoil piles, totaling 0.26 acres, have been placed within wetlands. The spoil piles have been removed from the wetlands. 3b. List the total estimated acreage of all existing wetlands on the property: 16.28 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: NA 3d. Explain the purpose of the proposed project: The purpose of this project is to conduct sand mining activities within an area determined to be USACE Section 404 wetlands. 3e. Describe the overall project in detail, including the type of equipment to be used: Trackhoes and front end loaders will be used to remove root mat and woody debris from the minable area. Excavators will then remove the overburden and sand from the pit. The soil will be sifted and sold to private residents and commercial businesses alike. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream ®Yes ❑No ❑Unknown determinations by the Corps or State been 2a. Wetland impact number Permanent (P) or Temporary (T) requested or obtained for this property / project Comments: 4b. If the Corps made the jurisdictional determination, ❑Preliminary ®Final what type of determination was made? Temporary 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Name (if known): David Scibetta SEGi 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Emily Greer verified SEGFs wetland line on 6/2/14. Ms. Jennifer Burdette (NCDWR) was present at the time of the verification. Please see Attachment 4, entitled Grantsboro Mine Mitigation Plan, for a copy of the JD. 5. Project History 5a. Have permits or certifications been requested or ❑Yes ®No ❑Unknown obtained for this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. NA 6. Future Project Plans 6a. Is this a phased project? ❑Yes ®No 6b. If yes, explain. NA C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ®Wetlands ❑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. Wetland impact number Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWR (401, other) 2f. Area of impact (acres) Temporary fill Pocosin Yes 404 0.49 Permanent Excavation Pocosin Yes 404 4.91 2g. Total Permanent Wetland Impacts: 4.91 2h. Comments: The fill is associated with the stock pile locations and access road. These areas will eventually be excavated for material. Please see the attached Mitigation Plan for details of the wetland impact areas. 3. Stream 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. If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this 4b. question for all stream sites impacted. 4d. 4e. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number 01 Man made pond intermittent (INT)? jurisdiction stream length Permanent (P) or 4g. Comments: The need to put rill into this feature is to bring the grade up to match that of the adjacent, existing wetlands, which is necessary to facilitate the transformation of the open water pit into a forested wetland. Please see the attached Wetland Mitigation Plan for details. 5. Pond or Lake Construction width (linear Temporary (T) 5c. 5d. 5e. Pond ID number (feet) feet) Stream Impacts (feet) Upland purpose of pond (acres) 3h. Total stream and tributary impacts NA 3i. Comments: Excavated Flooded 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 impact number Permanent (P) or Name of water body Type of impact Water body type Area of impact (acres) Temporary (T) (if applicable) 01 Man made pond Fill Borrow Pit 1.51 4f. Total open water impacts 1.51 4g. Comments: The need to put rill into this feature is to bring the grade up to match that of the adjacent, existing wetlands, which is necessary to facilitate the transformation of the open water pit into a forested wetland. Please see the attached Wetland Mitigation Plan for details. 5. Pond or Lake Construction If pond or lake construction is proposed, then complete the chart below. NA 5a. 5b. 5c. 5d. 5e. Pond ID number Proposed use or Wetland Impacts (acres) Stream Impacts (feet) Upland purpose of pond (acres) Flooded Filled Excavated Flooded Filled Excavated P1 5f. Total: NA 5g. Comments: 5h. Is a dam high hazard permit required? ❑Yes ❑bo L±T- � permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWR) 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. Project is in which protected basin? Neuse Tar - Pamlico Catawba Randleman Other: 6b. 6c. 6d. 6e. 6f. 6g. Buffer Impact number- Reason for impact Stream name Buffer Mitigation Zone 1 impact Zone 2 impact Permanent (P) or required? (square feet) (square feet) Temporary (T) B1 6h. Total Buffer Impacts: NA NA 6i. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Due to the location and size of the wetland feature, avoidance is not possible. However, the Applicant has agreed to avoid a large portion of the wetland (approximately 3.74 acres). While there is material there, the Applicant has stated the material is not as deep and is not as suitable as the material on the rest of the site. Avoiding this area will prevent the Applicant from yielding any financial gain from the minable material. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. All generated wastewater will be confined to the site. There will not be any discrete discharge of wastewater into waters of the US or the State. In addition, silt fence will be utilized in areas where the grade is likely to erode and discharge into wetlands. Seeding of bare areas will take place within 30 days of cease of action. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State The Applicant is proposing to offset impacts to wetlands with permittee responsible mitigation (i.e. enhancement, establishment, and preservation). Please see the attached mitigation plan for details. 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): ®DWR ®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 NA 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 NA 4a. Approval letter from in -lieu fee program is attached. 4b. Stream mitigation requested: 4c. If using stream mitigation, stream temperature: 4d. Buffer mitigation requested (DWR only): 4e. Riparian wetland mitigation requested: 4f. Non - riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested: 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. The Applicant proposes to convert the two existing open water pits, located on the eastern portion of the tract, into forested wetland systems, as well as establish the same type of forested wetlands around the these features. This will be accomplished by draining the water out of the pits, and adjusting the grade of the bottom of the ponds and the upland to match the elevation of the adjacent wetlands, which are located to the east of the mitigation area. The area will then be planted with wetland woody species. Please see the attached mitigation plan for details. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires ❑Yes ®No buffer mitigation? 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. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 NA 3 (2 for Catawba) Zone 2 NA 1.5 6f. Total buffer mitigation required: NA 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). NA 6h. Comments: E. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1 a. 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 2a. What is the overall percent imperviousness of this project? 0% 2b. Does the project require a Stormwater Management Plan? ❑Yes ®No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: There is no impervious surface area to be treated with this project. Therefore, a stormwater plan is not necessary. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 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 apply ❑ NSW USMP ❑Water Supply Watershed (check all that apply): ❑Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑No attached? 4. DWR 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 ❑Yes ❑No attached? 5. DWR 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 F. Supplementary Information 1. Environmental Documentation (DWR Requirement) 1 a. Does the project involve an expenditure of public (federal /state /local) funds or the use ❑Yes ®No 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 (DWR Requirement) 2a. Is the site in violation of DWR Wetland Rules (15A NCAC 2H .0500), Isolated Wetland ®Yes ❑No Rules (15A NCAC 2H .1300), DWR Surface Water or Wetland Standards, 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): The violation consists of removing the function (habitat mainly) by means of excavation, or by converting the wetland from an herbaceous feature to open water system. In addition, the sill of 404 wetlands took place with the tree removal and excavation. To date, approximately 0.61 acre of wetlands has been excavated without DWR approval. The spoil mounds have been removed from the areas designated as 404 wetlands. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes ®No additional development, 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 DWR policy. If you answered "no," provide a short narrative description. Once mining activities have been completed, the area will be allowed to re- vegetate naturally, but will be maintained. The proposed work will not provide access to undeveloped land outside the project limits. 4. Sewage Disposal (DWR 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. Sewage will not be generated with this project. 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. 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Natural Heritage 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? The site is not in an area that abuts a system that would support Essential Fish Habitat. 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 (e.g., National Historic Trust ❑Yes ®No 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? Historical aerials and knowledge of the area were used to make this determination. 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? FEMA Flood Mapping (see Attachment 5) —�� Dana A. Lutheran 28 July 2014 Date Applicant/Agent's Printed Name Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) o ao 60 120 180 24Feet Proposed Mitigation Map N 1 inch = 164 feet Grantsboro Mine Property w E Pamlico County, N.C. +- sLc � Map Source: ESRI World Imagery 7/28/2014, revised 8/22/2014 Project #: 014 - 031.01 S