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HomeMy WebLinkAbout20071115 Ver 2_More Info Received_20071019^ ~ ^ Kimley-Horn ~ and Associates, Inc. Transmitt Date ~~ . o ~r•~ • ~~ ~ From: P.O. Box 33068 Raleigh, North Carolina 27636-3068 ~~ t_.t ~'° ~~ ~ ~''-"F~ 919 677 2050 T F ~ 2007 DENR - WAtER 4Up~L!TY tVETleS~+~` /irz~ :. t~ ,nc tk"'"•.TE~ E1R~M1l+ICH Fax No.: Job No.: O ~ //J Job Name: C Original coming by mail? Yes ^ No ^ If you have any problems, please call 919-677-2000 and ask for: Total number of pages, including cover sheet: Cotnnzents: ~/ / ~. y-2 -4SY-Z This facsimile is intended for the addressee named herein and may contain information that is confidential. If you are not the intended recipient or the employee or agent responsible for delivery to the addressee, you are hereby notified that any review, dissemination, disclosure, or copying of this communication is strictly prohibited If you have received this facsimile in error, please immediately notify us by telephone, and return the original facsimile to us at the address above via the U.S. Postal Service. Thank you. Office Use Only: Form Version March OS USACE Action ID No. DWQ No. ©`~ ~ i t ~ ~ (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 27 Request for Modification of Action ID No. 2007-01525-043 DWQ Project # 07-1115 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ^ ~~~~~~~ II. Applicant Information ~ll 1. Owner/Applicant Information U C T 1 2001 Name: Norton Webster, Environmental Banc and Exchange, Southe;~P im~~~,.- Mailing Address: 909 Capability Drive, Suite 3100 ~~ ~?`~"¢~~~? 3RaRC~t Raleigh, NC 27606 Telephone Number:~919) 829-9909 Fax Number: (9191829-9913 E-mail Address: Norton(a~ebxusa.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Todd St. John Company Affiliation: Kimley-Horn and Associates, Inc. Mailing Address: 3001 Weston Parkway Cary, North Carolina 27513 Page 5 of 13 Telephone Number:~919) 653-2950 Fax Number: (9191) 653-2950 E-mail Address: Todd.StJohn(cr~,Kimley-Horn.com III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Beaverdam Swamp Stream and WetlandRestoration Project (Modification) 2.T.I.P. Project Number or State Project Number (NCDOT Only): 3.Property Identification Number (Tax PIN): 4.Location County: Harnett Nearest Town: Erwin Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): From Raleigh take US 401 south and turn left onto NC-55 heading south Continue on NC-55 and merge onto NC- 82 throueh Erwin, NC. Finally take NC-217 and bear left onto Beaver Dam Road See Figures in the previously submitted attached Restoration Plan for the project site vicini and site location maps. S.Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35-17-13.56 °N 78-42-10.43 °W 6.Property size (acres): Approximately 50 acres 7.Name of nearest receiving body of water: Cape Fear River and Beaverdam Swamp 8.River Basin: Cape Fear River Basin Page 6 of 13 b (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: See the previously submitted Stream and Wetland Restoration Plan for Beaverdam Swamp Site and updated plan sheets. 10. Describe the overall project in detail, including the type of equipment to be used: This project is a Full Delivery Mitigation Project for the EEP. See the previously submitted Stream and Wetland Restoration Plan for Beaverdam Swamp Site and updated plan sheets. The equipment will include track hoes, moans and other grading equipment typical for that used for stream and wetland restoration projects. 10. Explain the purpose of the proposed work: The proposed work will provide an ecological and functional improvement to the existing s sty_ em by restoring the stream and riparian wetland habitat to a stream type and vegetative community for the gLven valley and watershed conditions. See the previously submitted Stream and Wetland Restoration Plan for Beaverdam Swamp Site and updated plan sheets. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Temporary Impacts to UT3 and Wetlands A and B were previously approved as part of this project. The current modification request is for the remainder of the project. (Action ID No. 2007-01525-043 and DWQ Project # 07-1115 V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. None anticipated except for some possible non-riparian wetland restoration. Page 7 of 13 n r VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: See the previously submitted Stream and Wetland Restoration Plan for Beaverdam Swamp Site and updated plan sheets 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) ( es/no) (linear feet) Wetland A (previously Wetland Enhancement Mostly non-forested with Yes 0 0 84 approved) some small trees . Wetland B (previously Wetland Enhancement Mostly non-forested with Yes 0 0 79 approved) some small trees . Wetland C Wetland Enhancement Small trees and scrub Yes 30' to 50' 0.15 Wetland D Wetland Enhancement Pasture Yes 30' to 50' 0.34 Total Wetland Impact (acres) 2.1 3. List the total acreage (estimated) of all existing wetlands on the property: 2.1 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, Page 8 of 13 plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acrea e, multi ly len h X width, then divide by 43,560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact (indicate on ma) Before Im act linear feet (acres) UT1 UT1 Temporary/ Perennial/int 3 to 4 feet 4,891 0.4 Relocation ermittent 4 to 5 feet UT2 UT2 Temporary/ Perennial 1,137 0.1 Relocation UT3 Temporary/ 3 to 6 feet (Previously UT3 Relocation Perennial 3,510 0.4 Approved) Total Stream Impact (by length and acreage) 9,538 0.9 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill. excavation. dred~in~, floodins, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. Area of Impact (acres) Total Open Water Impact (acres) 6. List the cumulative im act to all Waters of the U.S. resultin from the ro'ect: Stream Impact (acres): 0.9 Wetland Impact (acres): 2.1 O en Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.9 Total Stream Impact (linear feet): 9,538 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation Page 9 of 13 If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The goal of the proposed restoration is to correct the current impairment issues and improve the ecological function of the stream and wetland system. Benefits will include improved water quality by reducing sediment load through fencing out livestock, stabilization, reducing the input of nutrients, and other pollutants by establishing a forested riparian buffer planted with native species. VIII. Mitigation DWQ - In accordance with 15A NCAC ZH .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. Page 10 of 13 If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strm gide.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. No proposed mitigation because the project purpose is to improve aquatic function within the system. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): NA Amount of buffer mitigation requested (square feet): NA Amount of Riparian wetland mitigation requested (acres): NA Amount ofNon-riparian wetland mitigation requested (acres): NA Amount of Coastal wetland mitigation requested (acres): NA IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ^ 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ Page I 1 of 13 X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* I Impact 1 2 Total * Zone 1 extends out 30 feet perpendic~ additiona120 feet from the edge of Zone I. Multiplier Required 3 (2 for Catawba) 1.5 from the top of the near bank Zone 2 extends an 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. NA XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss Stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. NA XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. NA Page 12 of 13 XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Project is a restoration activity and is expected to improve the aquatic function of this system. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). ~o/~r/2AD~` Applicant/Agent's~Sig re Date a (Agent's signature is valid onl " f an authorization letter from the applicant is provided.) Page 13 of 13 Jt~n 20 07 09:12a Norton Webster 9198299913 p.2 AGJENT AU'T'HORIZATION FORM Natne: EBX, LLC Address: Phone: 919-829-9909 Project Name/Description: _Beaverdam Stream and Wetland Restoration Date: _June 18, 2007_ The Department of the Army U.S. Army Corps of Engineers, Wilmington District Attention: _ Field Office Re: Wetland Related Consulting and Permitting To Whom It May Concern: I, the current property owner, hereby designate and authorize Kimley-Horn and Associates, Inc, to act in my/our behalf as my/our agent solel for t11e purpose of processing of Section 404 permits and Section 401 Water Qualit;~ Certifications applications and to furnish upon request supplemental information in support of applications, etc. from this day forward until successful completion of the peinzitting process or revocation by the owner. Authorized this the ~ day of ~~. 20~ ~ . Nom,-4v„ (.,~~ ~s~-1-~- Print Property Owner's Name ro erty wner's ignature CC: Cindy Karoly, N.C. Wetlands Unit 1621 Mail Service Center Raleigh, N. C. 27699-1621 June 6, 2007 Mr Norton Webster Environmental Banc and Exchange 909 Capability Drive, Suite 3100 Raleigh, North Cazolina 27606 Subject: Beaverdam Swamp Stream and Wetland Restoration Site Stream Restoration Plan Review Cape Fear River Basin -Cataloging Unit 03030004 Harnett County Contract # D06029-B Dear Mr. Webster: On May 1, 2007 Environmental Banc and Exchange submitted a Restoration Plan for the subject site. The plan proposes to restore and enhance reaches of two (2) unnamed tributaries that flow into Beaverdam Swamp, and one (1) unnamed tributary that flows directly into the Cape Feaz River. In addition, the project will restore 11.2 acres and enhance 2.1 acres of riparian wetland. Appropriate vegetation will be planted along the riparian corridor and in the restored/enhanced wetland azeas. Successful completion'of the project will improve water quality by significantly reducing sediment and nutrient loading caused by cattle access to the streams, and restoreTiparian comdor habitat that was lost when the site was deforested for use as pasture land. Successful completion of the project will generate approximately 10,117 Stream Mitigation Units and 12.2 Riparian Wetland Mitigation Units. The Ecosystem Enhancement Program (EEP) has completed its review of the restoration plan and has no additional comments at this time: Please proceed with acquiring all necessary permits and/or certifications and complete the implementation of the earthwork portion of the mitigation project (Task 4). A copy of this letter should be included with your 401/404 permit applications. For the purpose of obtaining approval of the erosion and sedimentation control plan for this project, I have also attached a memorandum confirming that Environmental Banc and Exchange, LLC is the Owner and Financially Responsible Party, and has full operational control for. all matters pertaining to construction of this project. Please sign and attach this memorandum to the Financial Responsibility/Ownership form of the erosion and sedimentation control plan application. Failure to do so may delay approval of the plan. If you have any questions, or wish to discuss this matter further, please contact me at (919) 715-1656 or email at guy pearce(cr~.ncmail.net. Sinperely, ~' ~ .4 Guy C. ~bazce EEP Full Delivery Program Supervisor cc: files