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HomeMy WebLinkAbout20141164 Ver 1_401 Application_201411141 a November 3, 2014 U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 -5006 Attention Mr Steven Kichefski N.0 Division of Water Resources 401 and Buffer Permitting Unit 1650 Mail Service Center Raleigh, North Carolina 27699 -1650 Attention Ms Karen Higgins aml M"41 T MI 2 0 1 4 1 1 6 4 �D NOV 0 6 2014 ' DENR - WATER RESOURCES 401 & BUFFER PERMITTING Reference: After -the -Fact Notification for Nationwide Permit 27 Douglas Branch Stream Enhancement Repairs / Modifications Charlotte, North Carolina S &ME Project No 4335 -14 -218 Dear Mr. Ktchefski On behalf of Charlotte- Mecklenburg Storm Water Services (CMSWS), S &ME, Inc (S &ME) is submitting this notification for impacts to waters of the U S in accordance with Department of the Army Nationwide Permit (NWP) 27 (Aquatic Habitat Restoration, Establishment and Enhancement) The project involves repairs and modifications to approximately 888 linear feet (if) of stream enhancements along Douglas Branch (a perennial tributary of Briar Creek) in Charlotte, North Carolina. This stream reach is part of the Cyrus / Douglas Stream Restoration Project (USACE Action ID 2003 - 30554, DWR# 03- 0244), wluch is currently in Year 5 of mitigation monitoring After construction of the repairs were completed, it was determined that the project was most likely authorized under NWP 27 as it involved the installation of a number of new in- channel enhancements such as constructed riffles and new cross vanes. As the project is already complete, this request for authorization is being submitted as an After - the -Fact Notification (AFN) instead of the typical Pre - Construction Notification (PCN) The project is also authorized under North Carolina Division of Water Resources (DWR) Water Quality Certification (WQC) No 3885 As the proposed project is designed for the sole purpose of streambank stabilization, is based on natural channel design techniques and does not exceed 3 structures per 100 feet of stream bank, written concurrence from DWR is not required for authorization under WQC 3885 This AFN is S &ME, INC / 9751 Southern Pine Boulevard / Charlotte, NC 28273 -5560 / p 704 523 4726 f 704 525 3953 / www smeinc corn After - the -Fact Notification for NWP 27 S &ME Project No 4335 - 14-218 Douglas Branch Stream Enhancement Repairs / Modifications November 3. 2014 being provided as a courtesy notification to DWR, for the record only, as no written authorization is required. The location of the project area is depicted on the Site Vicinity Map (Figure 1), the appropriate portions of the Charlotte East, N C. (1993) USGS Topographic Map (Figure 2), and on the Project Design Plans (Figure 3) In support of this application, please find enclosed the following: • Figures Site Vicinity Map (Figure 1), USGS Topographic Map (Figure 2), Project Design Plans (Figure 3)„ • Appendix I: Pre - Construction Notification (PCN) form; and • Appendix II. Site Photographs BACKGROUND INFORMATION In the spring of 2008, CMSWS installed channel enhancement measures along an approximately 982 If segment of Douglas Branch located immediately downstream of Eastway Drive (see Figures 1, Site Vicinity and Figure 2, USGS Topographic Map). These channel enhancements were installed as a part of the second phase of the Cyrus / Douglas Branch Stream Restoration Project with the goal restoring and enhance aquatic habitat through natural channel design and bio- engineering while also generating stream mitigation credits for City projects Enhancement efforts along this segment included installation of rock wing and cross vanes, localized grading, matting and planting of some eroding banks, installation of a constructed riffle near the downstream end of the enhancement section, and construction of a rock plunge pool downstream of the culvert under Eastway Drive. Though full Priority 1 restoration was conducted along the Douglas Branch downstream of this area, in- channel enhancements were deemed the most appropriate for this area as it was largely confined between a steep slope to the south and a retention wall behind a shopping center and sewer line that ran immediately adjacent to the stream to the north. Additionally, the surrounding areas were located in a mature forested habitat and installation of enhancement measures would only require limited clearing of trees Authorization for the Cyrus Douglas Stream Restoration Project under NWP 27 (and the associated Jurisdictional Determination of project waters) was detailed in USACE Action ID 2003- 30554 and the corresponding North Carolina WQC authorization was detailed under DWR Project Number 03 -0244 During the subsequent monitoring period, it became apparent that a number of stability concerns still remained for this reach. Many of the in- channel structures did not appear to be significantly improving stream function, and areas of bank erosion and bed degradation continued to be noted. Additionally, a number of the installed vanes showed signs of instability with the potential for future failure. In order to address these stability concerns and better enhance the stream condition along this reach, CMSWS contracted Kimley Horn and Associates, Inc. to develop a repair plan As impacts to jurisdictional waters due to stream restoration repairs are typically considered to be authorized under the original NWP 27 authorization with no further notification of agencies required, After - the -Fact Notification for NWP 27 S &ME Project No 4335 -14 -218 Douglas Branch Stream Enhancement Repairs / Modifications November 3, 2014 installation of these repair measures occurred in between September and October of 2014 Upon further assessment of the proposed repairs, it was noted that a number of in- channel structure installations and bank grading activities occurred that were outside of the areas originally authorized. It was therefore determined that USACE notification and authorization was likely required for the completed project under NWP 27. FIELD OBSERVATIONS On October 17, 2014, Mr. D. David Homans of S &ME visited the project area to document the repairs that had occurred. It should be noted that S &ME had been responsible for the development Year 1 through Year 5 monitoring reports of the Cyrus / Douglas Branch Stream restoration, and therefore had performed site observations along this reach annually since 2010, including observations that occurred on September 14, 2014, prior to the installation of the repairs and modifications detailed herein Representative photographs of the post - construction field observations, as well as corresponding pre- repair photographs included in Appendix II, and the locations of the photos are detailed on Figure 3 Within the project area, Douglas Branch is a moderately- sized, relatively high gradient, perennial channel Bank width ranges between 15 and 25 feet, with fairly steep and somewhat undercut banks in some areas. The channel bed is made up primarily of hardpan saprolite which functions largely as bedrock, with very few interspersed areas of gravel, sand, and silt deposition As stated previously, a number of boulder cross vanes and wing vanes had been installed in the bed as a part of the initial channel enhancement, prior to repairs, many of these structures were not well -buried and were somewhat perched over the channel bed, partially due to the preponderance of hardpan substrate Prior to repairs, a few areas of bare and partially undercut banks were observed which were not addressed through the initial channel enhancement either due to topographic access restrictions or because they were made up of bedrock -like hardpan where further erosion was unlikely The riparian area adjacent surrounding the project area was made up of mature forest, dominated by beech (Fagus grandifolia), red maple (Acer rubrum), tulip poplar (Lrriodendron tulipifera), and green ash (Fraxtnus pennsylvanica), with a subcanopy dominated by pawpaw (Asimina trrloba), silky dogwood (Corpus amomum), and saplings of the overstory species. Herbaceous cover was dominated by invasive and introduced species, primarily English ivy (Hedera helix) and mondo grass (Ophropogonjaponicus) Previously a large area of the highly invasive bushkiller vine (Cayratiajaponrca) was present in the upper end of the reach, though eradication efforts by CMSWS had largely eliminated it by 2013 Most of the northern side of side of the project reach is immediately adjacent to a high retaining wall that separate the forested riparian area from the back of a large commercial building (formerly Walmart) located in Eastway Commons commercial complex. A sewer line and associated manholes are also present between the retaining wall and the stream. Between Eastway Drive and the retaining wall, a fenced off storm water management basin is also present, this basin has a riprap outfall structure as well as a concrete emergency spillway that both direct into the right bank of Douglas branch. The southern side of the riparian area is made up of a fairly high steep embankment leading up into the residential back yards along Pinecrest Avenue After - the -Fact Notification for NWP 27 S &ME Project No 4335 - 14-218 Douqlas Branch Stream Enhancement Repairs / Modifications November 3. 2014 Substantial historic residential refuse dumping has occurred in areas along this embankment, and a few refuse piles remain. Observations of the repair and restoration efforts are further detailed in the "Project Impacts" section below. PROJECT IMPACTS Proposed project plans were designed by Kimley Horn and Associates, Inc. and are detailed in Figure 3. The project involved repairs to existing in- channel enhancement measures as well as installation of new banks stabilization and in- channel bed stabilization measures. This project occurred along 8881f of the channel, and represents a permanent impact resulting in no loss of jurisdictional waters. The project impacts area combination of repairs to in- channel and bank enhancement measures that were installed as a part of the original Douglas Branch Phase II restoration, and installation of new natural channel design bed and bank stabilization measures. Repairs included adding and compacting nprap behind rock cross vanes that had become perched or were being undermined (see Photos 1 and 3), replacement of a non- functioning constructed riffle with a new variable constructed riffle with logs (see Photo 11) and replacing a failed log embankment that was protecting a sewer manhole with a combination boulder toe and vegetated geognd structure (see Photo 5) New constructed riffles were installed in areas where bed degradation has been apparent, often immediately upstream of existing rock cross vanes (see Photos 1, 6, 8 and 10). Additionally, a log cross vane in combination with a constructed riffle was installed in an area where it was necessary to redirect stream power to the center of the channel in order to prevent bank erosion (see Photo 4) In a number of areas where bank erosion had previously been apparent, banks were graded back at slopes that were permissible by the surrounding topography and were matted with coir matting and seeded (see Photos 2,7, 9, 10, and 11). All areas disturbed by construction have been seeded with a native seed mix. At the time of post construction observations (October 17, 2014), a stabilization cover of annual rye grass was beginning to become well - established in disturbed areas Stream banks that have been re- graded and matted are also scheduled to be planted with live -stake plantings. Protected Species S &ME's consideration of potential protected species habitat began with a review of existing records obtained from federal and state sources The U S. Fish & Wildlife Service (USFWS) list of federally protected species (updated December 26, 2012) was consulted for a listing of protected species documented within Mecklenburg County, North Carolina This review identified four protected species, three plants and one animal Listed flora and fauna and their federal rank and county status are identified in Table 2 Explanations of rankings are included at the end of the table. After - the -Fact Notification for NWP 27 S &ME Project No 4335 -14 -218 Douglas Branch Stream Enhancement Repairs / Modifications November 3, 2014 Table 2: Federally Protected Flora and Fauna Summary Specie deral Rank Status ^�4Habitat Present „yPC�ounty Echinacea laevigata E Current No Smooth coneflower Hehanthus schweindzu E Current No Schwemitz's sunflower Lasmigona decorata E Historical No Carolina heelsplitter Rhus michauxn E Historical No Michaux's sumac ” E = Endangered As part of the protected species review, S &ME also reviewed the North Carolina Natural Heritage Program (NCNHP) Geographic Information Systems (GIS) files of Element Occurrence (EO) and Natural Heritage Areas available from NC OneMap This review found no extant EOs of protected species on record within a one -mile radius of the project area. As stated previously S &ME has conducted field reviews of the project site on numerous occasions. The proposed project area consists of fully forested riparian area as well as access corridors approaching from the back of a large commercial complex Riparian corridors and areas under full canopy are not the preferred habitat for the plant species of concern, and none of the three listed plant species were observed Based on these conditions and past assessments of the area, the project area was not considered to provide potential habitat for protected terrestrial species with a likelihood of occurring in Mecklenburg County Though the Carolina heelsplitter is listed (historically) for Mecklenburg County, the receiving drainage of the project (Briar Creek) has no documented occurrences of Carolina heelsplitter and these tributaries are not part of its designated critical habitat The highly urbanized watershed and dominance of hardpan bed substrate throughout the project area makes it poor habitat for mussels A digital copy of this PCN will be provided to the USFWS - Asheville Field Office Cultural Resources A digital copy of this PCN will be provided to the North Carolina State Historic Preservation Office (SHPO), requesting that they review their records regarding cultural, archaeological, or historical resources in or near the project area and to provide written comments regarding the interests of their agency A review of SHPO's the HPOWEB GIS Web Service indicated that there were no properties currently listed in the National Register of Historic Places (NRHP) or eligible for listing in the NRHP within a half -mile radius of the project After - the -Fact Notification for NWP 27 S &ME Project No 4335 -14 -218 Douglas Branch Stream Enhancement Repairs / Modifications November 3. 2014 AVOIDANCE AND MINIMIZATION The channel restoration repairs and additions have been designed to maximize ecological functional uplift while minimizing impacts to the surrounding mature forest Access corridors were limited to currently disturbed areas and the existing sewer rights -of -way to the extent practical. Additionally, small equipment was used to limit impacts outside of repair areas and to minimize clearing of additional vegetation. Work was conducted around mature trees, in order to maintain a near complete canopy of trees To prevent sedimentation of downstream portions of the affected streams, construction and repairs to in- channel structures was conducted in the dry through the use of coffer dams ADDITIONAL REGULATORY CONSIDERATIONS Efforts have been made to meet the conditions of NWP 27 as well as the regional conditions of the NWP and conditions associated with WQC 3885 Channel stability enhancements have largely been designed to limit the use of riprap armoring, except for one instance where limited nprap backfill was used to stabilize existing rock vanes Cobble placed for constructed riffles was keyed in to the bed of the stream and was mixed with finer gravel substrate in order to approximate typical natural cobble riffle habitat Where possible, variability of this habitat was further improved through the use of diagonal log cross structures. Appropriate erosion and sediment control practices were implemented to meet water quality turbidity standards. Best Management Practices employed for the project were in compliance with the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual," and the local governing authority Impacts have been avoided and minimized, and appropriate measures will be taken during construction to allow flow and circulation patterns of waters of the U S. to remain unaffected Following construction, disturbed areas adjacent to the work site were restored to a stable grade and disturbed areas were appropriately seeded and restored A native restoration seed mix and native planting plan was used for the channel banks and disturbed areas adjacent to the proposed restoration The proposed project has not result in additional impervious surface MITIGATION The Douglas Branch repairs and modifications were designed to order to meet the goals of the Cyrus / Douglas stream restoration project and provide stream enhancement to an appropriate level to meet the 1 5.1 mitigation ratio that had been applied for this segment of stream enhancement as a part of t the Cyrus /Douglas Branch Stream Restoration Site Specific Mitigation Plan (September 2008) 2014 marked the fifth and anticipated last year of monitoring for this project As these repairs are a significant modification to the project, an additional year of monitoring will occur along the project area in order to verify that these repairs and modifications have successfully enhanced stream condition. 6 After - the -Fact Notification for NWP 27 S &ME Project No 4335 -14 -218 Douglas Branch Stream Enhancement Repairs / Modifications November 3, 2014 CLOSING By copy of this correspondence and completed AFN, we are requesting your written concurrence with authorization of this project under NWP 27 If you have questions or require additional information, please feel free to contact Isaac Hinson at (704) 336 -4495 or ihmson @charlottenc gov. Sincerely, D. David Homans Project Scientist Chris Daves, P W.S Senior Reviewer Reviewed and Authorized by Isaac Hinson, P.W S Water Quality Program Specialist Charlotte - Mecklenburg Storm Water Services Attachments Do, Af Darrin M Peine, QEP Project Manager cc. Charlotte- Mecklenburg Storm Water Services USFWS, Asheville Field Office (digital copy) SHPO, Raleigh (digital copy) 7 Figure 1 - Site Vicinity Map Figure 2 - USGS Topographic Map Figure 3 - Project Design Plans REFERENCE: ESRI STREETMAP DATASET , Del-orme, USGS, Intermap, increment P Corp., b PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY METI, Esri China (Hon OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. SBME, INC. ASSUMES NO RESPONSIBILITY a, ©OpenStreetMap c Project Location FORANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. SCALE: 1 = 1 mile FIGURE NO. #S&ME SITE VICINITY DATE: 10-29-14 DRAWN BY: DDH DOUGLAS BRANCH PROJECT NO: 1 WWW.SMEINC.COM STREAM ENHANCEMENT REPAIRS / MODIFICATION 4335 -14 -218 ENGINEERING LICENSE NO: F -0176 CHARLOTTE, NORTH CAROLINA u '• S r o y L D N O m •J• Norris 9i `_ •r t a x tl 141 ^ s v`a=a V �SdS P ��k'oo d b Al ♦ t �` �4 s' Ch iltutie -416L� Country ifs r luh Charlotte H'r'+�ory,;�� a� !` ♦ 5 IS y Ay° ^ Q �r A E� ?rgre... ; - �Pa° c of ��•tf_W>K�.Z7E 5e u, a 4 - s 4 1 O n° a 'Qy � Rd c 7 9, P i Woodfawn RQ � n s 1�?1PIS Park Hqh F AL j rv1 gym ado 4 r v pC 9� gr 0 1 2 Miles REFERENCE: ESRI STREETMAP DATASET , Del-orme, USGS, Intermap, increment P Corp., b PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY METI, Esri China (Hon OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. SBME, INC. ASSUMES NO RESPONSIBILITY a, ©OpenStreetMap c Project Location FORANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. SCALE: 1 = 1 mile FIGURE NO. #S&ME SITE VICINITY DATE: 10-29-14 DRAWN BY: DDH DOUGLAS BRANCH PROJECT NO: 1 WWW.SMEINC.COM STREAM ENHANCEMENT REPAIRS / MODIFICATION 4335 -14 -218 ENGINEERING LICENSE NO: F -0176 CHARLOTTE, NORTH CAROLINA :: � . �' T �- � � :. ,� :vim � . _ � : \ . _ , , -.�•. �4 i . . 4. _ I L 'x ` 14, sre y Vic: a v rgreen Cemetely CIL 111001. N O , , t r•� . 74J i �, •fir. f. �- oy i?000 2,000`% l„ BB t REFERENCE: 1993 CHARLOTTE EAST [NC] 1:24,000 USGS QUAD SHEET i m PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT MEANT Repaired Enhancement Section FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. S &ME, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. - �I Douglas Branch Phase II Restoration Reach VV h SCALE: 1 __ 2,000. FIGURE NO. DATE: 10-29-14 S &ME USGS TOPOGRAPHIC MAP A PROJECT NO: DRAWN BY: DDH DOUGLAS BRANCH L WWW.SMEINC.COM STREAM ENHANCEMENT REPAIRS / MODIFICATION L 4335 -14 -218 ENGINEERING LICENSE NO: F -0176 CHARLOTTE, NORTH CAROLINA Pre - Construction Notification W ATF9QG 650 �i r Office Use Only Corps action ID no DWQ project no Form Version 1 3 Dec 10 2008 Page 1 of 12 PCN Form — Version 1 3 December 10, 2008 Version Pre - Construction Notification PCN Form A. Applicant Information 1 Processing 1 a Type(s) of approval sought from the Corps ®Section 404 Permit El 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 ® No 1d Type(s) of approval sought from the DWQ (check all that apply) ❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit [:1401 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 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 ❑ 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 Douglas Branch Stream Enhancement Repairs / Modifications 2b County Mecklenburg 2c Nearest municipality / town Charlotte 2d Subdivision name N/A 2e NCDOT only, T I P or state project no N/A 3 Owner Information 3a Name(s) on Recorded Deed Mecklenburg County (easement holder) 3b Deed Book and Page No 3c Responsible Party (for LLC if applicable) 3d Street address 600 E 4th ST 11th Floor 3e City, state, zip Charlotte, NC 28202 -2816 3f Telephone no 3g Fax no 3h Email address Page 1 of 12 PCN Form — Version 1 3 December 10, 2008 Version 4 Applicant Information (if different from owner) 4a Applicant is ❑ Agent ® Other, specify Charlotte - Mecklenburg Storm Water Services 4b Name Isaac Hinson, PWS 4c Business name (if applicable) Charlotte - Mecklenburg Storm Water Services 4d Street address 600 East Fourth Street 4e City, state, zip Charlotte, NC 28202 0 Telephone no 704 - 336 -4495 4g Fax no 704 - 336 -6586 4h Email address ihinson @charlottenc gov 5 Agent/Consultant Information (if applicable) 5a Name David Homans 5b Business name (if applicable) S &ME, Inc 5c Street address 9751 Southern Pine Blvd 5d City, state, zip Charlotte, NC 28273 5e Telephone no 704 - 523 -4726 5f Fax no 704- 525 -3953 5g Email address dhomans @smemc com Page 2 of 12 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) 12909121 1 b Site coordinates (in decimal degrees) Latitude 35 210397 Longitude - 80 78393 (DD DDDDDD) ( -DD DDDDDD) 1 c Property size Work Area approximatly 0 66 acres 2 Surface Waters 2a Name of nearest body of water (stream, river, etc ) to Briar Creek proposed project 2b Water Quality Classification of nearest receiving water Briar Creek Class C 2c River basin Lower Catawba River Basin (WBD HUC 03050103) 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 The project area consists of the enhancement reach section of the Cyrus Douglas Stream Restoration Project located downstream of Eastway Drive The project area is made up of a fully forested riparian area located between a commercial shopping center and a steep embankment along the back of residences on Piencrest Avenue Prior to repairs and modifications the stream channel had undergone some stream enhancement measures, though these were of limited benefit and some channel degradation and bank erosion remained The channel bed in this area is largely made up of saprolite hardpan which is acting as bedrock 3b List the total estimated acreage of all existing wetlands on the property None 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 888 If within the project area 3d Explain the purpose of the proposed project The goal of the project is to restore and enhance aquatic habitat through natural channel design and bio- engineering while also generating stream mitigation credits for City of Charlotte 3e Describe the overall project in detail, including the type of equipment to be used The project involves a combination of repairs to in- channel and bank enhancement measures that were installed as a part of the original Douglas Branch Phase II restoration, and installation of new natural channel design bed and bank stabilization measures Repairs included adding and compacting nprap behind rock cross vanes that had become perched or were being undermined„ replacement of a non - functioning constructed riffle with a new variable constructed riffle with logs and replacing a faded log embankment that was protecting a sewer manhole with a combination boulder toe and vegetated geognd structure New constructed riffles were installed in areas where bed degradation has been apparent, often immediately upstream of existing rock cross vanes Additionally, a log cross vane in combination with a constructed riffle was installed in an area where it was necessary to redirect stream power to the center of the channel in order to prevent bank erosion In a number of areas where bank erosion had previously been apparent, banks were graded back at slopes that were permissible by the surrounding topography and were matted with coir matting and seeded Small equipment was used for the constuction of this project in order to limit impacts to adjacent vegetation and riparian areas Egwment used included small track mounted dozers, front end loaders, and excavators Page 3 of 12 PCN Form — Version 1 3 December 10, 2008 Version 4. Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes [-I No El Unknown project (including all prior phases) in the past? Comments Action ID #2003 -30554 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 Carolina Wetland Services Name (if known) Other 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation Jusisdictional determination was included as a part of Action ID #2003- 30554, unknown date of determination result 5. Project History 5a 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 Cyrus Douglas Stream Restoration was prevously authorized under Action ID #2003 -30554 and DWQ project No 03- 0244 6 Future Project Plans 6a Is this a phased project? ❑ Yes ® No 6b If yes, explain Page 4 of 12 PCN Form — Version 1 3 December 10, 2008 Version C Proposed Impacts Inventory 1 Impacts Summary la 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 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 No wetlands were observed within the project area 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 FIT Stream Restoration Douglas Branch ® PER ❑ INT ® Corps ® DWQ 20 888 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 ❑ DWQ 3h Total stream and tributary impacts 888 31 Comments Page 5 of 12 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 ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f. Total open water impacts 4g Comments No open waters are located within the project area 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 P2 5f. Total 5g Comments 5h Is a dam high hazard permit required ❑ Yes ❑ No If yes, permit ID no 51 Expected pond surface area (acres) 5j Size of pond watershed (acres) 5k Method of construction 6. Buffer Impacts (for DWQ) 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 ❑Tai- Pamlico El 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 im act required? B1 ❑P ❑T El Yes ❑ No B2 ❑P ❑T El Yes ❑ No B3 ❑P ❑T El Yes ❑ No 6h Total buffer impacts 61 Comments Page 6 of 12 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 Channel restoration repairs and modifications were designed to maximize ecological functional uplift while minimizing impacts to the surrounding mature forest 1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques Access corridors were limited to currently disturbed areas and the existing sewer rights of way to the extent practical Additionally, small equipment was used to limit impacts outside of repair areas and to minimize clearing of additional vegetation Work was conducted around mature trees, in order to maintain a near complete canopy To prevent sedimentation of downstream portions of the affected streams, construction and repairs to in- channel structures was conducted in the dry through the use of coffer dams 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 projects ❑ 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 12 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 15 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 12 PCN Form — Version 1 3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1 Diffuse Flow Plan la 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 The proposed project is a stream restoration project being undertaken by a municipal stormwater authority 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? City of Charlotte ❑ 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 ❑ Yes ❑ No attached? 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 12 PCN Form — Version 1 3 December 10, 2008 Version F. Supplementary Information 1 Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal /state /local) funds or the ® Yes ❑ No use of public (federal /state) land? lb 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 ❑ Yes ❑ No letter ) 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 ® No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this an after - the -fact permit applications ® Yes ❑ No 2c If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s) As impacts to jurisdictional waters due to stream restoration repairs are typically considered to be authorized under the original NWP 27 authorization with no further notification of agencies required, installation of these repair measures proceeded without notification Upon further assessment of the proposed repairs, it was noted that a number of in- channel structure installations and bank grading activities occurred that were outside of the areas originally authorized It was therefore determined that USACE notification and authorization was likely required for the completed project under NWP 27 3. Cumulative Impacts (DWQ 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 DWQ policy If you answered "no," provide a short narrative description The project is not considered a "growth- inducing" project as the proposed channel restoration is occunng within an existing conservation easement and will not have any discernable effect on growth in the region 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 The proposed project will not generate wastewater Page 10 of 12 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? E:1 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? A digital copy of this application will be provided to the USFWS - Asheville Field Office Field review of the project area did not indicate the presence of habitat or endangered species listed for Mecklenburg County The project area and vicinity are not located in a Designated Critical Habitat Review of Element Occurrences on the North Carolina Natural Heritage Program Geographic Information Systems (GIS) files found that there were no known extant occurences of threatened or endangered species within a 2 -mile radius of the proposed project 6 Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitats ❑ Yes ® No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? http //ocean flondamanne 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? A digital copy of this application will be provided to the North Carolina State Historic Preservation Office (SHPO) A review of the HPOWEB GIS Service indicates no sites on the NHRP or determined eligible for listing on the NHRP within a half- mile of the project area 8 Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA - designated 100 -year floodplam? ❑ Yes ® No 8b If yes, explain how project meets FEMA requirements 8c What source(s) did you use to make the floodplain determination? The proposed project will be constructed outside of the 100 -year FEMA floodplain http //polaris mecklenburgcountync gov Isaac Hinson, PWS� 11/3/2014 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 12 PCN Form — Version 1 3 December 10, 2008 Version Site Photographs View of cross vane repairs and short constructed riffle installation upstream of the vane. View of the erosion at the right vane arm of the vane presented in Photo 1, prior to repairs (9/15/2014). View of graded and matted banks, reshaped riprap outfalll, and stabilized View of cross vane that has been stabilized with additional compacted View of the area upstream of the cross vane presented in photo 3, prior rock on the upstream side. to repairs (9/15/2014) cross vane. SITE PHOTOGRAPHS Douglas Branch Stream Enhancement Repairs / Modification Charlotte, North Carolina PAGE 1of3 View of new log cross vane and constructed riffle. View of the eroding banks in the same area presented in Photo 5, prior to repairs (9/15/2014). View (from the opposite bank) of the area where the log cross vane in View boulder toe protection and vegetated geogrid installed in order to Photo 4 was installed, prior to repairs. protect an existing sewer manhole. View of new constructed riffle with variable logs. View of bank repair area where banks were formerly undercut banks were graded at 3:1 slope , matted and seeded. SITE PHOTOGRAPHS Douglas Branch Stream Enhancement Repairs / Modification Charlotte, North Carolina PAGE 2 of 3 View of a rock constructed riffle installed upstream of an existing cross View of re- graded and matted bank in an area that had previously View of the same bank presented in Photo 9, prior to repairs (9/15/2014) vane. experienced bank erosion. View of graded and matted banks and constructed riffle installed in an saprolite outcrop area that had previously experienced bank erosion. View of approximately the same area presented in Photo 10, prior to repairs (3/3/2014) View of variable log / rock constructed riffle installed over the previously installed constructed riffle and the downstream graded and matted bank. SITE PHOTOGRAPHS Douglas Branch Stream Enhancement Repairs / Modification Charlotte, North Carolina PAGE 3of3