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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