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HomeMy WebLinkAbout20150352 Ver 1_More Info Received_20150504W ATk19 o � Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit F1 Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number: n/a 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes [E No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Simpson Creek Stream Enhancement Project 2b. County: Burke 2c. Nearest municipality / town: Morganton, NC 2d. Subdivision name: USDA Forest Service, Grandfather Ranger District 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: USDA Forest Service 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): Kristin Bail 3d. Street address: 160 Zillicoa Street, Suite A 3e. City, state, zip: Asheville, NC 28801 3f. Telephone no.: 828- 257 -4269 3g. Fax no.: 828 - 259 -0584 3h. Email address: kmbail @fs.fed.us Page 1 of 14 PCN Form —Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ❑ Other, specify: 4b. Name: Brady N. Dodd 4c. Business name (if applicable): USDA Forest Service, Hydrologist 4d. Street address: 160 Zillicoa Street, Suite A 4e. City, state, zip: Asheville, NC 28801 4f. Telephone no.: 828 - 257 -4214 4g. Fax no.: 828 - 257 -4874 4h. Email address: bdodd @fs.fed.us 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 14 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): USDA Forest Service, National Forest in NC, Grandfather R.D. 1 b. Site coordinates (in decimal degrees): - if you can't get these, Latitude: 35.876377° Longitude: -81.822591' just include a very good vicinity map 1 c. Property size: 402,560 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Simpson Creek proposed project: 2b. Water Quality Classification of nearest receiving water: Class C, WS -III, Trout 2c. River basin: map is available at Catawba Basin http: / /h2o.enr.state.nc.us /admin /maps/ Page 3of14 PCN Form —Version 1.3 December 10, 2008 Version 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Stream Stabilization & Enhancement Site: This area has a history of timber harvest with a concentration of activity, including roads and a log landing, in the valley bottom. These activities appear to have relocated the channel to the far edge of the valley bottom and manipulated the floodplain elevation. Much of the area has since stabilized with the regrowth of forested conditions, and the Simpson Creek channel is largely stable with the exception of several short sections where the channel meanders into high banks, causing elevated levels of erosion (see photo). Two stream crossings of old roads are located in the area and road fill material is eroding into these tributary streams K Headcut Site: This site is located downslope from Forest Service Road (FSR) 210, where concentrated storm runoff (ephemeral flow) from the road has scoured a nickpoint or headcut in the otherwise dry draw (see photo). The headcut is active during storm events and ephemeral flow carries sediments to the rs i x downstream perennial stream channel, and ultimately into Simpson Creek. 3b. List the total estimated acreage of all existing wetlands on the property: 0 Acres of wetlands. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: - 10,000 feet in the tributary and Simpson Creek stream channels within the project watershed. 3d. Explain the purpose of the proposed project: The purpose of this project is to restore the Simpson Creek channel and tributary channels to a properly functioning condition, reduce man -made sediment supplies, and improve riparian and aquatic habitat. Page 4 of 14 3e. Describe the overall project in detail, including the type of equipment to be used: This project consists of two locations; the larger of the two is the work proposed on Simpson Creek and its tributaries (Stream Stabilization & Enhancement Site) and a smaller site at the headcut (Headcut Site) in an ephemeral channel. Proposed sites and work are presented below in Table 1. Work would be accomplished with the use of a mid -sized tracked -hoe excavator. Stream Stabilization & Enhancement Site: At this site are two road/stream crossings where the road fill material would be sloped back to a stable angle (2:1 (run:rise) minimum) to restore contour of the original channel in these tributary channels, as guided by up and downstream reaches. Additionally, seven sites on Simpson Creek would have floodplain access and bank stability restored. Large wood would be incorporated into the channel as log vanes and/or toe wood structures, per a Rosgen type design. The lower —180 feet of channel would be fully or partially relocated to avoid the tall eroding stream bank. Streambanks would be constructed with local vegetation transplants, and covered with coir matting and planted with native riparian - type vegetation. All disturbed soil would be seeded and mulched. Headcut Site: Install boulder and rip -rap at the base of the headcut, out into the scoured gully for approximately 8 feet, then cap rip -rap with the overhanging bank to construct a natural looking stream channel in the gully and lay back gully banks. Bare soil slopes would be seeded and covered with coir matting. Table 1. Location of proposed stream enhancement work see topo survey /plan -view for Site /Station locations Station Site Start Stop Proposed Treatment a) Slope back road fill material at Tributary #1 and along the right bank to a 2:1 slope minimum to 1 0+00-0+90 reestablish a stable channel b) Install Log vane c) Install Toe -wood / Bankfull Bench on right bank 2 1+25— 1 +50 Reslope right stream bank to create point bar 3 1+85-2+10 Install Log -Cross vane to stabilize bank and create pool habitat 4 2 +90 to 3 +15 Install Log -Cross vane to stabilize bank and create pool habitat 5 4+15-4+55 Reslope right stream bank to create point bar & install Log vane to stabilize bank and create pool habitat a) Reslope left stream bank to create point bar 6 4+65-5+30 b) Install Toe -wood / Bankfull Bench on right bank c Slope back right bank to a 2:1 slo a minimum a) Excavate a new channel for —30 feet to position new channel away from the steep upper stream bank. Continue excavation of the right bank to move the channel to the right 2-4 feet, leaving a 2-4 feet wide bankfull bench 7 5+40-7+20 b) On the left of the new channel fill in old channel, creating a low area, oxbow -40 feet long between Stations 5 +50 and 6 +05 c) Continuing downstream, install Toe -wood / Bankfull Bench on left bank d) Install two (2 ) Log vanes Stations 5 +70 & 6 +70) to stabilize bank and create pool habitat 8 N/A Slope back road fill material at Tributary #2 to a 2:1 slope minimum to reestablish a stable channel. a) Increase the frequency of ditch relief culverts on FSR210 in the contributing road section. Headcut b) Using a small trackhoe install rip -rap at the base of the headcut, out into the scoured gully —8 feet. Cap (ephemeral N/A rip -rap with a more native looking stone. channel) c) Use the overhanging bank to construct a natural looking stream channel in the gully and lay back gully banks. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ❑Yes ® No ❑ Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type El Preliminary [I Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Page 5of14 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ® No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 6 of 14 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) Excavate stream banks S1 ®P ❑ T to create stable banks and floodplain, install in- Simpson Creek ® PER ® Corps 14 270 stream structures & ❑ INT ® DWQ vegetation transplants on banks Fully /partially Relocate S2 ®P ❑ T Channel to avoid steep eroded bank, install in- Simpson Creek ® PER ® Corps 14 180 stream structures & ❑ INT ® DWQ vegetation transplants on banks S3 ®P ❑ T Excavate road fill material from old Tributary to ® PER ® Corps 1 60 stream crossing Simpson Creek ❑ INT ® DWQ S4 ®P ❑ T Excavate road fill material from old Tributary to ® PER ® Corps 2 50 stream crossing Simpson Creek ❑ INT ® DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 560 Page 7 of 14 3i. Comments: 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number — Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 ❑P ❑T 02 ❑P 03 ❑P 04 ❑ P-❑ T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) �- Flooded _ Filled Excavated Flooded Filled _ Excavated Flooded P1 P2 5f. Total 5g. Comments: i 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 8 of 14 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse ❑ Tar - Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number— Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? B1 ❑P ❑T ❑Yes ❑ No B2 ❑P ❑T ❑Yes ❑ No B3 ❑P ❑T El Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 9 of 14 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Construction would temporarily increase turbidity and sediment deposition downstream of the site. Potential adverse impacts would be avoided by minimizing excessive excavation, adhering to the State turbidity standard, and working in the dry when practical. Work is expected to be completed over a two week period, depending on weather. b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. A. Minimize the area and degree of soil disturbance that reduces infiltration capacity and permeability, and destroys protective forest floor and ground cover. B. All hazardous materials will be stored outside of flood -prone areas and surrounded with sediment fence to reduce the risk of materials reaching the river. C. Work activities would not be scheduled on rainy days. D. Heavy Equipment Operation. 1. All equipment shall be cleaned before entering the project area and stream, so as to reduce the risk of fine grained sediment and oils and grease from entering the stream. This would also reduce the risk of invasive weed spread onto the Forest. 2. Do not operate on wet soils when they are most susceptible to damage and erosion. 3. Operate heavy equipment on slopes less than 12 percent so as to reduce the risk of soil erosion. Avoid operating heavy equipment on over - hanging stream banks. 4. Move large woody debris in a manner that minimizes disturbance of the forest floor, exposure of mineral soil, or degradation of stream bank stability. E. Install sediment fence to trap potential sediment. Stabilize any disturbed area at the end of each workday. F. Re- vegetate exposed soils as soon as possible to take advantage of the loose soil conditions for seeding. 1. Exposed soil will be covered with straw mulch or erosion control matting at the end of the project. Matting will be secured in place with stakes and live stakes where conditions allow. 2. Temporary seeding will occur on all bare soil within five days of ground disturbing activities to provide long -term erosion control. 3. Stabilize channel banks with a native seed mix as work is completed. G. Do not move sediment trap devices until the vegetation in the disturbed areas has been established. H. During on -going operations inspect the site frequently; inspect occasionally during inactive periods. 1. Check for potentially damaging or failing situations that may cause unacceptable water quality impacts. 2. Correct failing situations as soon as practical. I. Conduct visual inspections of Simpson Creek while the work is being conducted to maintain acceptable turbidity levels. Use a skilled heavy equipment operator, trained in stream restoration and construction of in- stream structures. Instruct the operator to minimize disturbance to the streambed. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this El Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity Page 10 of 14 PCN Form — Version 1.3 December 10, 2008 Version 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you will have to fill out this entire form — Please contact the State for more information. ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 11 of 14 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The current site contains less than 24% impervious area and an increase in impervious area is not planned from the proposed work. Additionally, all stormwater is transported primarily via vegetated conveyances. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Burke County ❑ Phase II 3b. Which of the following locally - implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ® Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ® No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 12 of 14 PCN Form —Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal /state /local) funds or the Yes ❑ No use of public (federal /state) land? 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 ® Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ® Yes ❑ No Comments: NEPA Decision Memo document is attached. 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes Z No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in El Yes No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. 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. No sewage disposal is necessary. Page 13 of 14 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ® Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Information on TES and FC species and their habitat on the Nantahala and Pisgah National Forests were obtained from the North Carolina Wildlife Resources Commission (NCWRC), U.S. Fish and Wildlife Service ( USFWS), and North Carolina Natural Heritage Program (NCNHP) occurrence records. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Data source is NOAA website 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 ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? A cultural resource survey was completed and no significant sites are located in the project area. State Historic Preservation Office concurrence is filed in the project record but is not available for public review. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Information System hftp://floodmaps.nc.gov/FMIS/ Brady N. Doddrf,r'� Applicant/Agent's Printed Name Date pplicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 14 of 14