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HomeMy WebLinkAbout20201865 Ver 1_401 Application_20230106DWR 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#* 20201865 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:erin.davis@ncdenr.gov Information for Initial Review Reviewing Office* Central Office - (919) 707-9000 la. Name of project: Cornbread Valley Mitigation Project 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 1/6/2023 Nearest Body of Water Jones Creek Basin Little Tennessee Water Classification WS-III, Tr Pre -Filing Meeting Date Request was submitted on: 11/30/2020 Site Coordinates Latitude: 35.1036224 A. Processing Information County (or Counties) where the project is located: Macon Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No Longitude: -83.4535805 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: WM-Bill Mrs (Rita Byrd) 2b. Deed book and page no.: DB: 0-10 PG: 91 2c. Contact Person: 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d. Address Street Address 1765 North Jones Creek Road Address Line 2 City State / Province / Region Franklin North Carolina Postal / Zip Code Country 28734 United States 2e. Telephone Number: (828)524-7122 2g. Email Address: * jmclean@wildlandseng.com 2a. Name(s) on recorded deed: Steve David Byrd 2b. Deed book and page no.: DB: D-26 PG: 1406 2c. Contact Person: 2f. Fax Number: 2d. Address Street Address 69 Allison Watts Road Address Line 2 City State / Province / Region Franklin North Carolina Postal / Zip Code Country 28734 United States 2e. Telephone Number: (828)342-4248 2g. Email Address: * jmclean@wildlandseng.com 3. Applicant Information (if different from owner) 3a. Name: Lin Xu 3b. Business Name: NCDEQ - DMS 2f. Fax Number: 3c. Address Street Address 217 W. Jones St, Suite 3000A Address Line 2 City State / Province / Region Raleigh North Carolina Postal / Zip Code Country 27603 United States 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 South Mint Street, Suite 104 Address Line 2 City Charlotte Postal / Zip Code 28203 4d. Telephone Number: (704)332-7754 4f. Email Address: * ieckardt@wildlandseng.com C. Project Information and Prior Project History State / Province / Region North Carolina Country United States 4e. Fax Number: 1. Project Information 1 b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Town of Franklin 2. Project Identification 2a. Property Identification Number: 2b. Property size: 6562715245, 6562725090 18 acres (proposed conservation easement) 2c. Project Address Street Address 1765 North Jones Creek Road Address Line 2 City Franklin Postal / Zip Code 28734 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Jones Creek 3b. Water Resources Classification of nearest receiving water: * WS-III, Tr 3c. What river basin(s) is your project located in?* Little Tennessee 3d. Please provide the 12-digit HUC in which the project is located. 060102020104 4. Project Description and History State / Province / Region North Carolina Country United States 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 central Macon County, NC. Land use in and immediately adjacent to the project area consists of agriculture, forest, and rural residential. Livestock currently have access to all project stream and wetlands. Project streams exhibit erosion, incision, aggradation, and low bedform diversity. Ditching and grazing have altered and degraded project wetlands. Native vegetation within the project area has been highly altered or removed by agriculture. 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: 2.899 4g. List the total estimated linear feet of all existing streams on the property: 9,747 4h. Explain the purpose of the proposed project: * The purpose of the project is to provide stream and wetland mitigation credits in the Little Tennessee 06010202 service area for the North Carolina Department of Environmental Quality Division of Mitigation Services. Mitigation practices will include stream restoration, stream enhancement, wetland re-establishment, wetland rehabilitation, wetland enhancement, wetland creation, and riparian buffer planting. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project proposes restoration and enhancement of approximately 8,298 linear feet of streams as well as 2.094 acres of wetland re-establishment, rehabilitation, enhancement, and creation. Stream restoration and enhancement II will be achieved through natural channel design including Priority 1 and Priority 2 approaches. Priority 1 restoration will involve the excavation of new channels within the existing floodplain and Priority 2 sections of channel will be constructed where needed to transition grade from existing to proposed elevations. Both approaches will include the installation of in -stream structures including boulder clusters, brush toes, brush pack, constructed riffles, cover Togs, log j-hooks, angled log drops, logs sills, log vanes, rock drops, and rocks sills. Enhancement II will involve fencing out cattle, buffer planting, bank grading/benching, and limited in -streams structures. Wetland mitigation approaches include 0.566 acres of re-establishment, 0.629 acres of rehabilitation, 0.206 acres of enhancement, and 0.693 acres of wetland creation. Wetland uplift will involve restoring stream and floodplain connectivity, floodplain grading, filling existing ditches, fencing out cattle, and removing/treating invasive plants. A best management practice (BMP) is proposed above UT3B to slow and filter runoff from upland livestock trails. Post -construction the project area will be planted with native riparian and wetland species. The project area will be protected in perpetuity by a conservation easement. Excavators will be used for channel and floodplain excavation as well as for bank grading, while articulated trucks, 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 grading activities. 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-2020-02051 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Jordan Hessler Wildlands Engineering, Inc. 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 was issued by David Brown of the USACE on October 28, 2021 and is included in Appendix 3 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 Streams -tributaries Open Waters Pond Construction 2. Wetland Impacts Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name* 2e. Forested* 2f. Type of Jurisdicition* (?) 29. Impact area* W1 Floodplain Grading T Headwater Forest A Yes Both 0.132 (acres) W2 Stream Restoration P Headwater Forest A No Both 0.023 (acres) W3 Floodplain Grading T Bottomland Hardwood Forest B No Both 0.129 (acres) W4 Stream Restoration P Bottomland Hardwood Forest B No Both 0.008 (acres) W5 Floodplain Grading T Bottomland Hardwood Forest C Yes Both 0.038 (acres) W6 Stream Restoration P Bottomland Hardwood Forest C Yes Both 0.002 (acres) W7 Floodplain Grading T Bottomland Hardwood Forest D Yes Both 0.006 (acres) W8 Stream Restoration P Bottomland Hardwood Forest D Yes Both 0.000 (acres) W9 Floodplain Grading T Bottomland Hardwood Forest E Yes Both 0.003 (acres) W10 Floodplain Grading T Headwater Forest F Yes Both 0.027 (acres) W11 Stream Restoration P Headwater Forest F Yes Both 0.001 (acres) W12 Floodplain Grading T Headwater Forest G Yes Both 0.030 (acres) W13 Stream Restoration P Headwater Forest G Yes Both 0.003 (acres) W14 Floodplain Grading T Headwater Forest H Yes Both 0.053 (acres) W15 Stream Restoration P Headwater Forest H Yes Both 0.004 (acres) W16 Floodplain Grading T Headwater Forest I Yes Both 0.017 (acres) W17 Floodplain Grading/Culvert Construction T Headwater Forest J Yes Both 0.002 (acres) W18 Wetland/Floodplain Grading T Seep K No Both 0.131 (acres) W19 Stream Restoration P Seep K No Both 0.007 (acres) W20 Stream Restoration P Seep L No Both 0.002 (acres) W21 Bank Grading/Construction Access T Bottomland Hardwood Forest M No Both 0.014 (acres) W22 Stream Restoration P Bottomland Hardwood Forest M No Both 0.001 (acres) W23 Floodplain Grading/Construction Access T Bottomland Hardwood Forest N No Both 0.194 (acres) W24 Bank Repair/Construction Acess T Headwater Forest 0 Yes Both 0.056 (acres) W25 Construction Access T Headwater Forest P Yes Both 0.012 (acres) W26 Floodplain Grading T Bottomland Hardwood Forest Q No Both 0.012 (acres) W27 Stream Restoration and Culvert Installation P Bottomland Hardwood Forest Q No Both 0.015 (acres) W28 Crossing Fill P Headwater Forest R Yes Both 0.015 (acres) W29 Floodplain Grading T Bottomland Hardwood Forest S No Both 0.016 (acres) W30 Construction Access T Bottomland Hardwood Forest T No Both 0.014 (acres) W31 Stream Restoration P Bottomland Hardwood Forest T No Both 0.001 (acres) W32 Floodplain/Wetland Grading T Seep U No Both 0.168 (acres) W33 Stream Restoration P Seep U No Both 0.046 (acres) W34 Floodplain Grading T Bottomland Hardwood Forest V No Both 0.078 (acres) W35 Floodplain/Wetland Grading T Bottomland Hardwood Forest X No Both 0.257 (acres) W36 Stream Restoration P Bottomland Hardwood Forest X No Both 0.022 (acres) W37 Floodplain Grading T Seep Y No Both 0.004 (acres) W38 Floodplain Grading T Seep Z Yes Both 0.005 (acres) W39 Bank Grading/Soil Stockpiling P Seep Z Yes Both 0.002 (acres) W40 Floodplain Grading T Headwater Forest AA No Both 0.025 (acres) W41 Stream Restoration P Headwater Forest AA No Both 0.008 (acres) W42 Floodplain Grading/Construction Access T Headwater Forest BB Yes Both 0.006 (acres) W43 Stream Restoration P Headwater Forest BB Yes Both 0.001 (acres) W44 Floodplain Grading T Seep CC No Both 0.009 (acres) W45 Floodplain Grading T Seep DD Yes Both 0.010 (acres) 2g. Total Temporary Wetland Impact 1.448 2g. Total Wetland Impact 1.609 2g. Total Permanent Wetland Impact 0.161 2i. Comments: Impacts to wetlands are needed to conduct mitigation activities and will increase resource function. 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* S1 Stream Restoration Permanent Relocation Jones Creek Perennial Both 33 Average (feet) 1,817 (linear feet) S2 Ford Installation Permanent Relocation Jones Creek Perennial Both 33 Average (feet) 16 (linear feet) S3 Bank Grading/Tie In Grading/Construction Access Temporary Stabilization Jones Creek Perennial Both 33 Average (feet) 646 (linear feet) S4 Ford Installation Permanent Relocation Jones Creek Perennial Both 33 Average (feet) 16 (linear feet) S5 Stream Restoration Permanent Relocation UT1 Perennial Both 7 Average (feet) 1,056 (linear feet) S6 Culvert Installation Permanent Culvert UT1 Perennial Both 7 Average (feet) 30 (linear feet) S7 Stream Restoration Permanent Relocation UT1A Perennial Both 1 Average (feet) 173 (linear feet) S8 Stream Restoration Permanent Fill UT1C Intermittent Both 1 Average (feet) 88 (linear feet) S9 Stream Restoration Permanent Fill UT1B Intermittent Both 1 Average (feet) 55 (linear feet) S10 Stream Restoration Permanent Relocation UT2 Perennial Both 5 Average (feet) 946 (linear feet) S11 Culvert Installation Permanent Culvert UT2 Perennial Both 5 Average (feet) 25 (linear feet) S12 Stream Restoration Permanent Relocation UT2A Perennial Both 5 Average (feet) 500 (linear feet) S13 Stream Restoration Permanent Relocation UT3 Perennial Both 7 Average (feet) 1,251 (linear feet) S14 Culvert Installation Permanent Culvert UT3 Perennial Both 7 Average (feet) 20 (linear feet) S15 Culvert Installation Permanent Culvert UT3 Perennial Both 7 Average (feet) 20 (linear feet) S16 Culvert Installation Permanent Culvert UT3 Perennial Both 7 Average (feet) 20 (linear feet) S17 Bank Grading Temporary Bank Stabilization UT3 Perennial Both 7 Average (feet) 200 (linear feet) S18 Stream Restoration Permanent Relocation UT3A Intermittent Both 5 Average (feet) 75 (linear feet) S19 Stream Restoration Permanent Relocation UT3A Perennial Both 5 Average (feet) 480 (linear feet) S20 Bank Grading Temporary Bank Stabilization UT3B Intermittent Both 5 Average (feet) 18 (linear feet) S21 Stream Restoration Permanent Relocation UT3B Perennial Both 5 Average (feet) 348 (linear feet) S22 Bank Grading Temporary Bank Stabilization UT3B Perennial Both 5 Average (feet) 55 (linear feet) S23 Bank Grading Temporary Bank Stabilization UT3B1 Perennial Both 2 Average (feet) 77 (linear feet) S24 Stream Restoration Permanent Relocation UT3C Perennial Both 5 Average (feet) 561 (linear feet) S25 Culvert Installation Permanent Culvert UT3C Perennial Both 5 Average (feet) 20 (linear feet) S26 Stream Restoration Permanent Fill UT3D Intermittent Both 1 Average (feet) 47 (linear feet) S27 Bank Grading Temporary Bank Stabilization UT3E Intermittent Both 1 Average (feet) 36 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 7,564 3i. Total stream and ditch impacts: 4475 3i. Total temporary stream impacts: 1,032 3j. Comments: In addition to impacts for restoration and enhancement, two fords and six culvert crossings are proposed for agricultural access. See Section 3.5 of the approved mitigation plan for additional crossing information. 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 mitigation approaches will impact on -site resources; however, these activities are designed to have an overall long-term positive impacts. Natural channel design techniques will be used to restore and enhance stream function and habitat and re-establish flood storage and connectivity. Stream restoration is proposed for the most degraded sections of stream while less degraded sections are proposed for enhancement II which typically involve Tess intrusive approaches. Project design 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 necessary for restoration and enhancement activities. 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. Timber mats will be used as much as possible for temporary crossings. Safety fence will be installed to demarcate sensitive areas to avoid unnecessary impacts. Newly constructed channel banks will be stabilized using biodegradable coir fiber matting, seeding, and planted with native riparian species. See plans for additional information on avoidance and minimize measures taken during construction. 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 Little Tennessee 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 1c. 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. This 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 the Mitigation Plan for additional information. Approximately 5.88 acres of tree clearing is proposed during the inactive season for bats and will be completed in winter 2022-2023 before April 1st. In addition, no artificial lighting will be added to the action area and no night work will occur. 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 the Mitigation Plan for additional information. No in -stream work will occur during the trout moratorium between October 15 and April 15th. 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 the 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 6562 with an effective date of May 4, 2009. 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 Cornbread_Valley_Mitigation_Site_ePCN_Memo_&_Supporting_Documentation.pdf 9.64MB Cornbread Valley_100175_MP_2022.pdf 247.28MB Approval Letter_NCDMS Cornbread Valley_SAW-2020-02051.pdf 194.77KB CornbreadValley401 FeeMemo.pdf 225.93KB File must be PDF or KMZ Comments Cover letter and supporting documentation is uploaded with this submittal. 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: lan Eckardt Signature Full Name (DMS Signature) Lin Xu DSM Signature Date 1/6/2023