HomeMy WebLinkAbout20201841 Ver 1_401 Application_20221104DWR
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.
BIMS # Assigned* Version#*
20201841 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Erin Davis:eads\ebdavis
Information for Initial Review
Reviewing Office*
Central Office - (919) 707-9000
la. Name of project:
Bridgefork Dairy Mitigation Site
la. Who is the Primary Contact?*
Lin Xu
1 b. Primary Contact Email: * lc. Primary Contact Phone: *
lin.xu@ncdenr.gov (919)707-8319
Date Submitted
11/4/2022
Nearest Body of Water
Potts Creek
Basin
Broad
Water Classification
Class C
Pre -Filing Meeting Date Request was submitted on:
11/30/2020
Site Coordinates
Latitude: Longitude:
35.259583 -81.390695
A. Processing Information
County (or Counties) where the project is located:
Cleveland
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
If yes, please provide a statement concerning compliance with the Coastal Zone Management Act.
Nationwide Permit (NWP) Number: 27 - Restoration
NWP Numbers (for multiple NWPS):
Id. 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
lh. 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)
1e. Is there an Agent/Consultant for this project? *
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Dennis Patterson, Susan Patterson
2b. Deed book and page no.:
(1) DB: 1314 PG: 1782; (2) DB: 1718 PG:1059
2c. Contact Person:
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
2d. Address
Street Address
321 Patterson Rd.
Address Line 2
City
Kings Mountain
Postal / Zip Code
28086
2e. Telephone Number:
(704)860-4787
2g. Email Address: *
dcraigpatterson@yahoo.com
2a. Name(s) on recorded deed:
Hayward Dean Bullock Life Estate, Nancy Lou Patterson Bullock Life Estate
2b. Deed book and page no.:
DB: 11R PG: 476
2c. Contact Person:
2d. Address
Street Address
347 Patterson Rd.
Address Line 2
City
Kings Mountain
Postal / Zip Code
28086
2e. Telephone Number:
(704)472-8995
2g. Email Address: *
eneuhaus@wildlandseng.com
2a. Name(s) on recorded deed:
William Lawrence Hamrick
2b. Deed book and page no.:
DB: 1769 PG: 2108
2c. Contact Person:
2d. Address
Street Address
511 Oak Grove Rd.
Address Line 2
City
Kings Mountain
Postal / Zip Code
28086
2e. Telephone Number:
(770)324-3436
2g. Email Address:*
bhamrick160@gmail.com
2a. Name(s) on recorded deed:
Bryan Keith Dellinger, Mary Elizabeth Dellinger
2b. Deed book and page no.:
DB:1604 PG: 977
2c. Contact Person:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
2d. Address
Street Address
Dillon Rd. (no physical address for parcel)
Address Line 2
City
Kings Mountain
Postal / Zip Code
28086
2e. Telephone Number:
(704)418-6888
2g. Email Address: *
b.dellinger@cormetech.com
2a. Name(s) on recorded deed:
Luke Edward Judd
2b. Deed book and page no.:
(1) DB: 1774 PG: 2043; (2) DB: 1122 PG: 1157; (3) DB:1774 PG: 2043
2c. Contact Person:
2d. Address
Street Address
(1) Brandonwood Ln; (2) 129 Dillon Rd.; (3) Dillon Rd.
Address Line 2
City
Kings Mountain
Postal / Zip Code
28086
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2e. Telephone Number: 2f. Fax Number:
(704)689-4666
2g. Email Address: *
luke4666@gmail.com
2a. Name(s) on recorded deed:
Barbara Blanton Dellinger
2b. Deed book and page no.:
(1) DB: 1188 PG: 2205; (2) DB: 1175 PG: 1350
2c. Contact Person:
2d. Address
Street Address
Dillon Rd.
Address Line 2
City State / Province / Region
Kings Mountain NC
Postal / Zip Code Country
28086 USA
2e. Telephone Number: 2f. Fax Number:
(828)774-5547
2g. Email Address:*
b.dellinger@cormetech.com
3. Applicant Information (if different from owner)
3a. Name:
Lin Xu
3b. Business Name:
NCDEQ - DMS
3c. Address
Street Address
217 W. Jones St, Suite 3000A
Address Line 2
City State / Province / Region
Raleigh NC
Postal / Zip Code Country
27603 USA
3d. Telephone Number: 3e. Fax Number:
(919)707-8319
3f. Email Address: *
lin.xu@ncdenr.gov
4. Agent/Consultant (if applicable)
4a. Name:
Ian Eckardt
4b. Business Name:
Wildlands Engineering, Inc.
4c. Address
Street Address
1430 S. Mint St. Suite 104
Address Line 2
City State / Province / Region
Charlotte NC
Postal / Zip Code Country
28203 USA
4d. Telephone Number: 4e. Fax Number:
(704)332-7754
4f. Email Address: *
ieckardt@wildlandseng.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Kings Mountain
2. Project Identification
2a. Property Identification Number:
PINs: 2585878557, 2585777748,
2585885323, 2586812597, 2585675964,
2585670580, 2585584130, 2585487530,
2585595279, 2585495005
2b. Property size:
43 acres (proposed conservation easement)
2c. Project Address
Street Address
Multiple parcels off Dillion and Patterson Road
Address Line 2
City State / Province / Region
Kings Mountain NC
Postal / Zip Code Country
28086 USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Potts Creek
3b. Water Resources Classification of nearest receiving water: *
Class C
3c. What river basin(s) is your project located in?*
Broad
3d. Please provide the 12-digit HUC in which the project is located.
030501050803
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 project area is located within a rural watershed in eastern Cleveland County, NC. Land use in and immediately
adjacent to the project area consists of agriculture, forest, and rural residential. Livestock currently have access to a majority of project streams and wetlands. Project streams exhibit
erosion, incision, and low bedform diversity. Ditching and grazing has altered and degraded project wetlands. Native vegetation along project streams are impacted by agriculture with
some communities/strata being absent, fragmented, or dominated by invasive species.
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:
1.456 (includes open water)
4g. List the total estimated linear feet of all existing streams on the property:
15,228
4h. Explain the purpose of the proposed project:*
The purpose of the project is to provide streams and wetland mitigation credits in the Broad 03050105 service
area for the North Carolina Department of Environmental Quality Division of Mitigation Services. Mitigation
practices will include stream restoration, stream enhancement, stream preservation, wetland re-establishment, wetland rehabilitation, wetland enhancement and riparian buffer planting.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project proposes stream restoration, enhancement II, and preservation to approximately 12,745 linear feet (LF) of stream as well as the re-establishment, rehabilitation, and
enhancement of over three acres of wetlands. Stream mitigation approaches include 9,606 LF of restoration, 3,021 LF of enhancement 11, and 118 LF of preservation. Restoration will
involve construction of new channel pattern, profile, and dimension. Restored channels will be reconnected with active floodplain. Instream structures including boulder sills, boulder toe,
brush toe, cover logs, constructed riffles, log sills, log vanes, log j-hooks, rock j-hooks, and vegetated soil lifts will be installed to provide stability and habitat. Enhancement 11 is proposed
on streams that are relatively more stable and generally involve fencing out cattle, buffer planting, debris removal, and invasive species treatment. Limited grading, channel reconstruction,
and instream structures are also proposed on some enhancement reaches. Approximately 2.59 acres of wetland re-establishment, 0.293 acres of wetland rehabilitation, and 0.05 acres of
wetland enhancement are also proposed. Wetland uplift will involve restoring stream and floodplain connectivity, floodplain grading, and filling existing ditches. An existing pond will also be
decommissioned and filled to facilitate wetland re-establishment and enhancement in Wetland Area 2 along UT1. Three best management practices (BMPs) are proposed in non -
jurisdictional areas on UT1, UT4, and UT6A to address concentrated storm water runoff. The project area will be planted with native riparian species and protected in perpetuity by a
conservation easement For additional design information see Section 6 of the approved mitigation plan and design plan sheets.
Excavators will be used for channel and floodplain excavation as well as bank grading, while articulated, track trucks, and off road trucks will be used for hauling soil. Small equipment
such as mini -excavators and skid steers may also be used during activities.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Comments:
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-2020-01962
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Win Taylor
Wildlands Engineering, Inc.
Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
The Preliminary Jurisdictional Determination (PJD) was issued by Krysta Stygar of the USACE on 10/14/2021 and
is included in Appendix 2 of the Mitigation Plan.
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*
W1
Construction access
T
Headwater Forest
A
Yes
Both
0.045
(acres)
W2
Stream relocation
P
Headwater Forest
A
Yes
Both
0.004
(acres)
W3
Fill - Valley grading &
stream relocation
P
Headwater Forest
K
Yes
Both
0.018
(acres)
W4
Wetland grading
T
Headwater Forest
K
Yes
Both
0.089
(acres)
W5
Wetland grading
T
Bottomland Hardwood Forest
B
No
Both
0.005
(acres)
W6
Wetland grading
T
Bottomland Hardwood Forest
C
No
Both
0.176
(acres)
W7
Stream relocation
P
Bottomland Hardwood Forest
L
No
Both
0.006
(acres)
W8
Wetland grading &
construction access
T
Bottomland Hardwood Forest
D
Yes
Both
0.239
(acres)
W9
Wetland grading
T
Bottomland Hardwood Forest
E
No
Both
0.030
(acres)
W10
Floodplain grading &
construction access
T
Bottomland Hardwood Forest
F
No
Both
0.073
(acres)
Wil
Fill - road crossing
P
Bottomland Hardwood Forest
F
No
Both
0.006
(acres)
W12
Floodplain grading &
construction access
T
Bottomland Hardwood Forest
G
Yes
Both
0.011
(acres)
W13
Floodplain fill
P
Headwater Forest
J
Yes
Both
0.005
(acres)
W14
Construction access
T
Bottomland Hardwood Forest
H
Yes
Both
0.017
(acres)
2g. Total Temporary Wetland Impact
0.685
2g. Total Wetland Impact
0.724
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.039
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*
Si
Restoration
Permanent
Relocation
Bridgefork Creek
Perennial
Both
18
Average (feet)
5,881
(linear feet)
S2
Ford crossing
Permanent
Other
Bridgefork Creek
Perennial
Both
18
Average (feet)
14
(linear feet)
S3
Culvert crossing
Permanent
Culvert
Bridgefork Creek
Perennial
Both
18
Average (feet)
60
(linear feet)
S4
Ford crossing
Permanent
Other
Bridgefork Creek
Perennial
Both
18
Average (feet)
16
(linear feet)
S5
Tie in grading
Temporary
Stabilization
Bridgefork Creek
Perennial
Both
24
Average (feet)
102
(linear feet)
S6
Ford crossing
Permanent
Other
Bridgefork Creek
Perennial
Both
23
Average (feet)
18
(linear feet)
S7
Restoration
Permanent
Relocation
UT1
Intermittent
Both
6
Average (feet)
728
(linear feet)
S8
Restoration
Permanent
Relocation
UT1
Perennial
Both
6
Average (feet)
600
(linear feet)
S9
Restoration
Permanent
Relocation
UT2
Perennial
Both
6
Average (feet)
207
(linear feet)
S10
Restoration
Permanent
Relocation
UT3
Perennial
Both
3
Average (feet)
83
(linear feet)
S11
Enhancement (bank grading)
Temporary
Stabilization
UT4
Perennial
Both
10
Average (feet)
482
(linear feet)
S12
Restoration
Permanent
Relocation
UT4
Perennial
Both
10
Average (feet)
356
(linear feet)
S13
Culvert crossing
Permanent
Culvert
UT4
Perennial
Both
10
Average (feet)
41
(linear feet)
S14
Restoration
Permanent
Relocation
UT4A
Intermittent
Both
8
Average (feet)
116
(linear feet)
S15
Restoration
Permanent
Relocation
UT4A
Perennial
Both
8
Average (feet)
844
(linear feet)
S16
Tie in grading & stabilization
Temporary
Stabilization
UT5
Perennial
Both
5
Average (feet)
44
(linear feet)
S17
Restoration
Permanent
Relocation
UT5
Perennial
Both
5
Average (feet)
32
(linear feet)
S18
Restoration
Permanent
Relocation
UT6
Perennial
Both
14
Average (feet)
2,197
(linear feet)
S19
Restoration
Permanent
Relocation
UT6A
Intermittent
Both
7
Average (feet)
319
(linear feet)
S20
Restoration
Permanent
Relocation
UT6A
Perennial
Both
7
Average (feet)
103
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
11.615
3i. Total stream and ditch impacts:
4172
3i. Total temporary stream impacts:
628
3j. Comments:
In addition to impacts for restoration and enhancement, three fords and two culvert crossings are proposed for agricultural access. Total stream impacts
in Box D.3.i immediately above should be 12,243 LF.
4. Open Water Impacts
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type
4e. Waterbody type
4f. Impact area
OW1
Fill for wetland re-
establishement
P
Open Water
Fill
Pond
0.44
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.44
4h. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
4g. Total permanent open water impacts:
0.44
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Proposed mitigation approaches will impact on -site resources; however, these activities are designed to have an overall long-term positive effect. Natural
channel design techniques will be used to restore and improve stream function and habitat and reestablish flood storage and connectivity. Stream
restoration is proposed for the most degraded sections of stream while relatively stable sections are proposed for enhancement II or preservation.
Enhancement II will involve less intrusive approaches with limited in -stream work. Impacts will be avoided to a majority of enhancement II and
preservation reaches. Design alignments incorporated the location of existing wetlands and avoided them as much as possible. Unavoidable wetland
impacts are primarily due to conversion of wetland to stream and floodplain grading.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction activities will follow the guidelines outlined in the NC Erosion and Sediment
Control Planning and Design Manual. Disturbance will be limited to the immediate project area. Sedimentation to aquatic resources will be minimized
through offline construction of new channels and implementation of pump around techniques when working in live streams. Silt fence will be installed to
intercept storm sheet flow. Haul roads and staging areas will be located on uplands and temporary crossings will be minimized and placed perpendicular
to streams. Temporary crossings include timber mats, temporary culverts, and fords. Newly constructed channel banks will be stabilized using
biodegradable coir fiber matting, seeding, and planted with native riparian species.
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:
Compensatory mitigation is not required for aquatic habitat restoration related activities authorized under the
Nationwide 27 since these activities must result in a net increase in aquatic resource functions and services.
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:
The project is located in the Broad River basin with no associated NC Riparian 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:
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
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 (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes No
lc. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?*
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.
The stream and wetland mitigation project seeks to improve water quality. The project area will be protected in perpetuity from future development
through a conservation easement.
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?
See the approved Categorical Exclusion (CE) Document in Mitigation Plan for additional information. Approximately 18 acres of tree clearing is proposed
during project construction.
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? *
See the approved Categorical Exclusion (CE) Document in Mitigation Plan for additional information.
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?*
See the approved Categorical Exclusion (CE) Document in Mitigation Plan for additional information.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination?*
North Carolina Floodplain Mapping Program Flood Insurance Rate Map (FIRM) Panel 2585 and 2586 with a revised date of February 20, 2008.
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
Bridgefork_Dairy_Mitigation_Site_ePCN_Memo_&_Supporting_Documentation. pdf
BridgeforkDairy _100171_MP_2022.pdf
BridgeforkDairy401 FeeMemo.pdf
File must be PDF or KMZ
Comments
Cover letter and supporting documentation is uploaded with this submittal.
Signature
6.6MB
36.79MB
225.12KB
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:
Ian Eckardt
Signature
Full Name (DMS Signature)
Lin Xu
DSM Signature
Date
11 /4/2022