HomeMy WebLinkAbout20211421 Ver 1_ePCN Application_20221027DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
8/30/2021
BIMS # Assigned* Version#*
20211421 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Central Office - (919) 707-9000
Information for Initial Review
la. Name of project:
Rolling Meadows Mitigation Project
la. Who is the Primary Contact?*
Kyle Obermiller
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Erin Davis:eads\ebdavis
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
kyle@waterlandsolutions.com (828)808-2240
Date Submitted
10/27/2022
Nearest Body of Water
Reedy Creek
Basin
Yadkin-PeeDee
Water Classification
'C', 'WS-IV'
Site Coordinates
Latitude: Longitude:
35.916696 -80.304871
A. Processing Information
County (or Counties) where the project is located:
Davidson
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No
la. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 27 - Restoration
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
ld. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
North State Environmental, Inc
2b. Deed book and page no.:
2474/1187
2c. Contact Person:
Darrel Westmoreland
2d. Address
Street Address
2889 Lowery Street
Address Line 2
City
Winston-Salem
Postal /Zip Code
27101
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No
2e. Telephone Number:
(336)725-2010
2f. Fax Number:
2g. Email Address: *
darrell@nsenv.com
3. Applicant Information (if different from owner)
3a. Name:
Kyle Obermiller
3b. Business Name:
Water & Land Solutions, LLC
3c. Address
Street Address
7721 Six Forks Road
Address Line 2
Suite 130
City
Raleigh
Postal / Zip Code
27615
3d. Telephone Number:
(828)808-2240
3f. Email Address: *
kyle@waterlandsolutions.com
4. Agent/Consultant (if applicable)
4a. Name:
Kyle Obermiller
4b. Business Name:
Water & Land Solutions, LLC
4c. Address
Street Address
7721 Six Forks Road
Address Line 2
Suite 130
City
Raleigh
Postal / Zip Code
27615
4d. Telephone Number:
(828)808-2240
4f. Email Address: *
kyle@waterlandsolutions.com
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Welcome, NC
2. Project Identification
2a. Property Identification Number:
6718-01-29-0067, 6719-03-30-7146, 6718-01-
49-2814, 6719-03-30-4935
2b. Property size:
98.04
2c. Project Address
Street Address
525 Kendlebrook Farm Road
Address Line 2
City State / Province / Region
Lexington NC
Postal / Zip Code Country
27295 USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Reedy Creek
3b. Water Resources Classification of nearest receiving water: *
'C',
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
030401011502
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The Reedy Creek watershed is primarily agricultural or forested undeveloped parcels that are privately owned. The Bank will extend the wildlife corridor and protect aquatic and terrestrial
habitat in the project area through a permanent conservation easement. Currently, the project area consists of mostly pasture (hay and grass) and row crop that have been in near -
continuous production for several decades. A review of topographic maps, field investigations of on -site soils, stream and wetland conditions, and LiDAR survey data provides clear
evidence that the valley morphology and catchments support a Piedmont stream and riparian wetland system.
The surrounding areas remain a largely agricultural community with some neighboring forested property and low -density home sites. US Census data indicate the community of Welcome,
NC has been declining in population for several years. Based on historic aerial photo review and development data, the project area and watershed has not appreciably changed or
developed in several decades and will likely remain in dominant agricultural use for the foreseeable future.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.83
4g. List the total estimated linear feet of all existing streams on the property:
6683
4h. Explain the purpose of the proposed project: *
The purpose of the Bank is to provide stream and wetland mitigation credits to compensate for unavoidable impacts to Waters of the U.S. authorized under sections 401 and 404 of the
Clean Water Act, Section 10 of the Rivers and Harbors Act, and all applicable state statutes. The project will enhance and restore approximately 9,965 linear feet of stream providing
approximately 7,505 warm thermal regime stream mitigation credits and 7.93 acres of wetland mitigation credits. The project site will be protected by a 53.9 acre conservation easement
that will be protected in perpetuity.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed stream restoration activities will be conducted on three tributaries to Reedy Creek and two reaches on Reedy Creek within the project area. Activities will consist of filling the
impaired/channelized portions of existing streams and restoring natural floodplain connections within the reaches. Further work to fill non -jurisdictional wet -weather conveyances on site
will assist in reducing sediment load within the reaches and increase floodplain hydrology as part of the wetland re-establishment. Work will be conducted using track hoe excavators,
dump trucks, tractors and rippers, and other equipment typically found on restoration projects for channel construction, grading, and in -stream structure installation. See Section 1 of the
Mitigation Plan for proposed restoration practices and design approaches for each of the reaches as well as common construction elements.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2021-01538
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
George Lankford
George Lankford, LLC
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
3/4/2022
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
2. Wetland Impacts
Streams -tributaries
Pond Construction
Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
W01
Ditch fill
T
Bottomland Hardwood Forest
W01
Yes
Corps
0.008
(acres)
2g. Total Temporary Wetland Impact
0.008
2g. Total Wetland Impact
0.008
2i. Comments:
2g. Total Permanent Wetland Impact
0.000
Equipment used to fill historic agriculture ditches will track through a corner of W01, wetland will be re -seeded and planted if disturbance occurs. No fill
or cut will occur in the wetland area
3. Stream Impacts
3a. Reason for impact (?)
3b.Impact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
61
Restoration
Permanent
Relocation
S100
Perennial
Corps
20
Average (feet)
1,415
(linear feet)
S2
Restoration
Permanent
Relocation
S101
Perennial
Corps
13
Average (feet)
410
(linear feet)
S3
Restoration
Temporary
Stabilization
Reedy Creek Upper
Perennial
Corps
30
Average (feet)
589
(linear feet)
S4
Stabilization
Temporary
Stabilization
Reedy Creek Upper
Perennial
Corps
30
Average (feet)
189
(linear feet)
S5
Restoration
Permanent
Relocation
Reedy Creek Lower
Perennial
Corps
25
Average (feet)
3,696
(linear feet)
S6
Fill
Temporary
Stabilization
D1
Jurisdictional Ditch
Corps
4
Average (feet)
128
(linear feet)
S7
Fill
Permanent
Fill
D2
Jurisdictional Ditch
Corps
4
Average (feet)
1,269
(linear feet)
S8
Fill
Temporary
Stabilization
D3
Jurisdictional Ditch
Corps
4
Average (feet)
126
(linear feet)
S9
Fill
Permanent
Fill
D4
Jurisdictional Ditch
Corps
4
Average (feet)
297
(linear feet)
S10
Fill
Permanent
Fill
D5
Jurisdictional Ditch
Corps
4
Average (feet)
863
(linear feet)
S11
Fill
Permanent
Fill
D6
Jurisdictional Ditch
Corps
4
Average (feet)
1,416
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
16,396
3i. Total permanent stream impacts:
9,366
3i. Total temporary stream impacts:
1,032
31. Total stream and ditch impacts:
2608
3j. Comments:
The proposed stream restoration practices will provide a more natural hydrology and flow regime. The riparian buffer area will be planted with native
species woody vegetation that is more tolerant of wetter conditions. The design approach will also improve existing areas of adjacent fringe, toe of slope
or marginally functioning wetlands through higher water table conditions (elevated stream profiles) and a more frequent out of bank flooding. Ditches in
the project site will either be permanently impacted with fill to increase groundwater hydrology throughout the floodplain or temporarily impacted to
stabilize their ouffalls and capture and slow drainage from adjacent parcels.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Proposed stream and wetland impacts and mitigation activities will restore and protect approximately 7,037 linear feet of streams in the Project area
including Reedy Creek and two tributaries in the Yadkin River Basin. Based on the Project location, the restoration of on -site streams are likely the best
solution to providing significant water quality benefits to offset lost aquatic resource functions. Re-establishment of wetlands will provide increased
habitat and floodplain resiliency for the Reedy Creek basin.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Sedimentation and Erosion Control measures will be implemented during the construction phase per the NCDEMLR - Land Quality S&EC Planning and
Design Manual and approved permit conditions. The stream restoration work will involve filling the old degraded channel and constructing stable design
channels. The contractor will work outside the degraded stream banks and only enter the channel from specific locations designated on the plans to
minimize buffer disturbances. A pump-around/dewatering operation will be utilized to minimize sediment entering downstream.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
This project is a stream and wetland mitigation project to provide credits for Compensatory Mitigation.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
buffer protection rules.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
No stormwater devices or pipe drainage networks are proposed for this project. All stormwater shall be considered diffuse flow through the stream buffers via stable vegetated channels,
natural floodplain topography and wet -weather conveyances.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
This project is a stream and wetland mitigation bank.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS database, NCWRC Natural Heritage Program, and field survey for protected species and habitat.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
Essential Fish Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
Archeological Survey completed by Terracon Consultants, see attached.
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:
Review of the Federal Emergency Management Agency's (FEMA) National Flood Insurance Program's Digital Flood Insurance Rate Mapping (DFIRM)
panel 3710670800J, effective March 9, 2009, found that the lower portions of S100 and S101, as well as the entirety of Reedy Creek, are located within
the FEMA regulated floodplain ("Zone AE") (Figure 6). WLS prepared a flood analysis and submitted the required documentation to Scott Leonard,
Director of the Davidson County Planning Department to obtain a Floodplain Development Permit approval on 8/18/22. Based on the project design and
flood model results, there will be no impacts or adverse effects to any existing structures located on the affected parcels and the project will not impact
adjacent landowners, therefore hydrologic trespass will not be a concern.
8c. What source(s) did you use to make the floodplain determination?*
FEMA National Flood Insurance Program's
Digital Flood Insurance Rate Mapping (DFIRM) panel 3710670800J
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
RM PCN Appendices.pdf
Rolling Meadows Final Mitigation Plan.pdf
70227103_Rol I i ng M eadowsReport_03-10-22. pdf
File must be PDF or KMZ
Comments
12.38MB
1.35MB
54.22MB
Attached are the appendices and figures related to the PCN submittal above, including IRT response letter and mitigation plan word document for additional information pertaining to pre-
existing conditions and design.
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Kyle Obermiller
Signature
OefetoveZieg
Date
10/27/2022