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HomeMy WebLinkAbout20220452 Ver 3_ePCN Application_20231221DW R DHlsloo of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) October 2, 2023 Ver 4.3 Initial Review 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. Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or fuel, including natural gas, diesel, petroleum, or electricity? Yes No BIMS # Assigned Version# * 20220452 3 Is a payment required for this project?* No payment required What amount is owed?* Fee received $240.00 $570.00 Fee needed - send electronic notification $323.00 $767.00 Reviewing Office* Select Project Reviewer* Central Office - (919) 707-9000 Maria Schutte:Maria. Schutte Information for Initial Review 1a. Name of project: Pantera Mitigation Project la. Who is the Primary Contact?* Matthew DeAngelo 1b. Primary Contact Email: * mdeangelo@res.us Date Submitted 12/21/2023 Nearest Body of Water Falling Creek Basin Neuse Water Classification C Site Coordinates Latitude: 35.3229 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Wayne Is this a NCDMS Project Yes No Longitude: -78.1583 1c. Primary Contact Phone:* (757)202-4471 Is this project a public transportation project?* Yes No 1a. 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 1b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 27 - Restoration NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular 401 Water Quality Certification - Express Non-404 Jurisdictional General Permit Riparian Buffer Authorization 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: Yes No For the record only for Corps Permit: Yes No 1f. Is this an after -the -fact permit application? * Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1h. 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 1d. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project? Yes No 2. Owner Information 2a. Name(s) on recorded deed: Patricia S. Hinnant, Norwood A. Ligon 2b. Deed book and page no.: 1218, page 172 and 669, page 297 2c. Contact Person: Norwood A. Ligon 2d.Address Street Address 957 Hinnant Road Address Line 2 City State / Province / Region Pikeville North Carolina Postal / Zip Code Country 27863 USA 2e. Telephone Number: (919)814-9869 2g. Email Address:* norwood.ligon@ncdoi.gov 3. Applicant Information (if different from owner) 3a. Name: Matthew DeAngelo 3b. Business Name: Resource Environmental Solutions, LLC 3c.Address Street Address 3600 Glenwood Avenue Address Line 2 City Raleigh Postal / Zip Code 27612 3d. Telephone Number: (757)202-4471 3f. Email Address: mdeangelo@res.us C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Goldsboro 2. Project Identification 2a. Property Identification Number: 2557057552,2557034427,2557340089, 2557248711 2c. Project Address Street Address Address Line 2 city Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Falling Creek 3b. Water Resources Classification of nearest receiving water: C 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202011404 4. Project Description and History 2f. Fax Number: State / Province / Region North Carolina Country USA 3e. Fax Number: 2b. Property size: 65.58 State / Province / Region Country 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 is located in Wayne County, approximately 9 miles southwest of downtown Goldsboro, NC. The Project area is comprised of a 65.58-acre easement involving seven unnamed tributaries totaling 11,016 LF that drain to Falling Creek, which drains to the Neuse River. The overall drainage area of the Project is 589 acres. Historic and current land -use within the immediate Project area has been in agricultural practices, mainly row -crop production. The streams, associated wetlands, and surrounding riparian area have been highly manipulated and degraded due to these practices. The Project streams have historically been relocated, straightened, dredged, and impounded, leading to unstable channels with poor hydraulic function, loss of wetlands, and wetlands with decreased hydrology. Further, forested riparian buffers are either absent, narrow, or lack stem density and understory for almost all stream features throughout the Project. These activities have negatively impacted water quality, streambank stability, and wetland hydrology throughout the Project. L Reach PH1-A Reach PH1-A enters the Project below an NCDOT culvert under Falling Creek Church Road and flows past Reaches PH2, PH4, and PH5 before transitioning to PH1-B downstream of an old culvert crossing. This reach has been historically channelized to aid in site drainage for row -crop production. Above the confluence with PH5, this modification has left the channel severely incised and lacking in morphology and habitat. Bank stability above PH2 is moderate; bank -slopes are generally gradual and vegetated. Below PH2, through the middle third of the reach, bank stability worsens, and mass wasting is common. Several sinkholes were noted adjacent to the banks through this section, as well. The channel begins to shallow above its confluence with PH4 as the valley becomes less confined, and bank stability again improves, similar to the upstream portion of the reach, although the incision still prevents the stream from accessing its floodplain. Below the confluence with PH5, bank heights are lower still, but the channel remains incised, carrying between the 5- and 10-year storm within its banks. Evidence of historic modification continues as spoil piles from channel straightening and dredging are present along both banks, which have buried riparian wetlands in those locations. Lateral bars and undercut banks are common through this portion of the reach as the channel attempts to re-establish sinuosity. The riparian buffer along the majority of this reach is non- existent, with row -crop production continuing almost to the top of banks. Below the confluence with PH5, however, the reach gains wider buffers along both banks. Reach PH1-B Reach PH1-B transitions from PH1-A below an old culvert -crossing which had been built up across the wide, wet valley that makes up the downstream end of PH1's floodplain. This crossing blew out in the recent past and is currently non-functional; conversations with the landowner indicate that this crossing has blown out and been rebuilt several times in the past. Similar to upstream, the reach has been historically straightened and dredged, with spoil piles from this work evident along the right bank, and a levee evident along the left bank for most of its length. The reach was also moved close to the left toe of the valley during this modification. However, the reach displays more developed bedform and natural grade control than PH1-A, and channel incision gradually abates moving downstream from the crossing, carrying approximately the 5-year storm within its banks. Depressional areas and wet, linear features are common through the floodplain. The riparian buffer is wide along the right bank but narrow along the left, on account of the channel realignment. Reach PH1-C Reach PH1-C transitions from PH1-B where the channel moves away from the left toe of slope, picks up wide buffer along the left bank, and transitions to a swamp stream in the valley of Falling Creek. This reach is appropriately sized and is surrounded by a wide, forested wetland buffer along both banks with some defined, flowing, drainage patterns present in the floodplain along the right bank. Reach PH2 PH2 is an intermittent stream that begins below an NCDOT culvert under Falling Creek Church Road and flows west into the project before its confluence with PH1. It has a drainage area of approximately 52 acres at its downstream extent. The entire stream has been historically channelized to assist in drainage for agriculture. This work has resulted in a deeply incised channel with essentially no morphology and little to no habitat features. Bank stability is moderate, with most of the banks gently sloping and vegetated; however, the banks are beginning to undercut and slump at the toe. The reach lacks riparian buffer along its whole length, as row crop production continues almost to the top of banks. Reach PH3-A Reach PH3-A enters the Project below an NCDOT culvert under Falling Creek Church Road and flows west before transitioning to PH3-B at a headcut upstream of the confluence with reach PH7. This portion of the stream is incised, with bank height ratios between 3 and 4 and the channel carrying around the 25-year storm within its banks. As such, the reach is lacking in natural morphology, and the banks are vertical to undercut along its length. Generally, there is a wide, forested riparian buffer along both banks, but invasive Chinese Privet is common throughout. Reach PH3-B Reach PH3-B transitions from PH3-A at a headcut in the channel and flows west before taking a 90-degree bend right before its confluence with reach PH7, after which it continues to flow northwest to its transition to PH3-C. The channel incises dramatically below the headcut; bank height ratio increases to more than 7, and the channel carries much greater than the 50-year storm within its banks. The increase in channel capacity and disconnection from the floodplain has prevented the stream from properly transporting sediment. Thus, this reach lacks natural morphology and habitat features, and bed material is often clay subsoil or cobble while any sand is quickly deposited downcourse. Bank stability along this reach is poor, with vertical to undercut banks leading to several treefalls. Riparian buffer is wide along both banks, but the lack of connectivity to the stream prevents the buffer from providing critical riparian functions. Additionally, the species composition of the forest lacks diversity with dominant species only including red maple, yellow poplar, and American holly while the invasive Chinese Privet is also common throughout. Reach PH3-C PH3-C transitions from PH3-B as the reach enters a lower gradient valley which connects to the floodplain of Falling Creek. The reach continues to flow northwest, closely paralleling the Project property line, before it exits the Project and confluences with Reach PH1. Bank heights lower considerably as the reach transitions from PH3-B; however, the reach remains incised, carrying approximately the 10-year storm within its banks. The reach lacks sinuosity but has more bedform diversity than upstream. The reduction in slope and channel capacity compared to upstream has allowed material washed from upstream to drop out, giving the reach a sand bed. Riparian buffer through this reach is wide along both banks, but invasive Chinese Privet is common throughout. The reach enters the wetland swamp of the unnamed tributary to Falling Creek just downstream of the project limits. Reach PH4 Reach PH4 is an intermittent stream that enters the Project below a culverted farm crossing and flows northeast to its confluence with PH1. It has a drainage area of approximately 70 acres at its downstream extent. The entire stream has been historically channelized to aid in site drainage for agricultural purposes, and the middle third of the reach has been moved out of the low of the valley. These modifications have resulted in most of the reach being incised and entrenched, with little to no natural morphology or habitat features. Despite this, the banks along this reach are generally stable, being low gradient with some weedy vegetation. The channel loses definition through the bottom approximately 200 linear feet, possibly from a plug of sediment flushed down after the recent logging activities at the top of the project. A headcut is beginning to work its way back up from the PH1 confluence. Riparian buffer is non- existent, with row -crop production continuing almost to the top of banks along the entire reach. Reach PH5 PH5 is an intermittent reach with a drainage area of approximately 77 acres at its downstream extent. The reach begins at the west side of the project below a culverted farm crossing and flows northeast before taking a 90-degree bend approximately halfway down its length, after which it continues to flow east to its confluence with PH1. The entire stream has been historically channelized to aid in site drainage for agriculture, and a drain tile outlets into the stream at the 90 degree bend. Along the upper two thirds, this channel maintenance has resulted in an incised channel with little to no bedform and little to no habitat features. Along the lower third of the reach, the channel remains highly incised though there is an occasional, inactive floodplain terrace off the left bank as the reach enters the larger PH1 floodplain. Banks through this reach are steep but vegetated and appear stable. Riparian buffer is non- existent for most of the channel's length, with row -crop production continuing almost to the top of banks; however, the lower third of the reach picks up a 100-foot-wide buffer along the left bank. Reach PH6-A PH6-A begins below a culverted farm crossing at the northwestern extent of the project and flows east to the transition to PH6-B. The reach has been historically channelized to aid in site drainage for agricultural purposes, and is significantly entrenched; however, in comparison to the other reaches, the channel bottom is relatively wide. The wide channel bottom has allowed for a diffuse or braided flow pattern through this portion of the reach, but there is a discernable thalweg apparent during normal flow conditions. Being a channelized stream with a drainage area of approximately 40 acres, the reach does not exhibit strong geomorphology character, but it does exhibit strong hydrology as flow has been observed throughout every season, including during drought, indicating that flow is regular and persistent. Further, this system has promoted clusters of cattails throughout. Riparian buffer is non-existent through the entire length of the reach with row -crop production continuing almost to the top of banks. Reach PH6-B PH6-B transitions from PH6-A where the baseflow concentrates to a more -defined, single -thread. Similar to upstream, this reach has been historically channelized and is currently significantly entrenched but maintains a wide channel bottom. Unlike upstream, flow has concentrated into a small, inset channel with the rest of the overall channel bottom acting as a small floodplain. Riparian buffer is non-existent through the entire length of the reach with row -crop production continuing almost to the top of banks. Reach PH6-C PH6-C transitions from PH6-B as the stream enters the forested, low -gradient valley of the swamp -stream system along Falling Creek. The reach has been historically channelized and moved to the left toe of slope of the valley. This historic modification has left the reach incised and lacking sinuosity, with bank height ratios about 2 and the channel carrying between the 5- and 10-year storm within its banks. However, the banks appear stable, and the channel has some woody grade control from trees directly on the banks. Riparian buffer along the right bank is wide except for a cleared, maintained hunting path parallel to the stream. Along the left bank, riparian buffer is limited to trees directly on the bank with row crops beyond. Chinese privet and glossy privet are present throughout the buffer along this reach. Reach PH6-D PH6-D transitions from PH6-C where the stream moves away from the left toe of slope; the reach continues to flow northeast to eventually confluence with Falling Creek off -site. The reach picks up more natural morphology compared to upstream, and channel stability and floodplain access are both good through this section. The riparian buffer is wide along both banks, but Chinese privet is present. Reach PH7-A Reach PH7-A enters the Project below an NCDOT culvert under Falling Creek Church Road and flows north to the transition with PH7-B at a headcut in the channel. The reach has been historically channelized and is currently incised and lacking in natural morphology and habitat features. However, the banks through this section are stable, being gradually sloping and vegetated. Riparian buffer along this reach is non-existent along both banks near the DOT culvert, but the reach picks up forested buffer along the right bank as it enters the Project. Reach PH7-B Reach PH7-B transitions from PH7-A at a headcut in the channel and continues to flow north to the confluence with PH3. This portion of the reach incises dramatically to meet PH3 and the channel continues lack bedform diversity and in -channel habitat. Banks along this reach are steep, but vegetation continues down to the channel bed, providing stability. There is a wide riparian buffer along the right bank; however, the species composition of the forest lacks diversity with dominant species only including red maple, yellow poplar, and American holly while the invasive Chinese Privet is also common throughout. The riparian buffer along the left bank is non-existent but then gradually becomes wider towards the confluence with PH3 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). SAW-2022-00606 and DWR-2022-0452-V.2 4f. List the total estimated acreage of all existing wetlands on the property: 9.738 4g. List the total estimated linear feet of all existing streams on the property: 11016 4h. Explain the purpose of the proposed project: The purpose of the proposed Pantera Mitigation Project is to generate compensatory mitigation credits for the Neuse 01 watershed as a mitigation bank included in the RES Neuse 01 UMBI. The purpose of the Pantera Mitigation Project is to restore, enhance, and preserve aquatic resources (streams and wetlands) and riparian areas in order to provide mitigation credits to offset unavoidable impacts to stream and wetland resources as well as riparian buffers and nutrient inputs within the Neuse 01 watershed (8-digit USGS HUC 03020201). The Project was identified as a stream, wetland, and buffer/nutrient mitigation opportunity to improve water quality, habitat, and hydrology within the Neuse River Basin. The aquatic resources associated with the Project have been highly manipulated and degraded over time due to agricultural practices. The Project proposes to restore 10,253 linear feet (LF), enhance 966 LF, and preserve 887 LF of existing stream, as well as restore 2.248 acres and preserve 9.738 acres of wetlands that will ultimately provide water quality benefits and ecosystem uplift for the 589-acre Project drainage area. Additionally, the Project presents the opportunity to execute riparian restoration and preservation within the Neuse 01 Watershed, generating Riparian Buffer credits in accordance with 15A NCAC 02B .0295 and Nutrient Offset credits delivered as pounds of Nitrogen per acre in accordance with 15A NCAC 02B .0703. The overall Project goals address stressors identified in the watershed, and include the following • Improve water transport from watershed to the channel in a non -erosive manner; and improve and maintain a stable water table in riparian floodplain wetlands; Improve water quality within the restored and enhanced stream channels and downstream watercourses by reducing sediment and nutrient loads; • Improve flood flow attenuation on site and downstream by allowing for overbank flows and connection to an active floodplain; Create diverse bedforms and stable channels that achieve healthy dynamic equilibrium and provide suitable habitat for life; • Create and improve instream habitat; • Restore wetland hydrology and soils; Restore, enhance, and preserve native wetland and riparian plant communities; and • Support the life histories of aquatic and riparian plants and animals through stream and wetland restoration activities; and • Holistically improve ecological processes associated with the local landscape and aquatic resources. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The Project goals will be addressed through the following objectives: • Design and reconstruct stream channels that will convey bankfull flows while maintaining stable dimension, profile, and planform based on modeling, watershed conditions, and reference reach conditions; Maintain regular, seasonal flow in restored, intermittent stream reaches; • Add in -stream structures and bank stabilization measures to improve bedform diversity and protect restored and enhanced streams; Install habitat features such as brush toes, constructed riffles, woody materials, and pools of varying depths to restored and enhanced streams; • Reduce bank height ratios and increase entrenchment ratios in restored stream channels; Relocate stream channels back within the low of the existing floodplain, raise stream bed elevations, and remove spoil material to restore wetland hydrology and maintain appropriate hydroperiod for Bibb soil series; • Plant wetland areas and increase forested riparian buffers to at least 100 feet on both sides of the channel along Project streams, where possible, with native, hardwood plant communities; • Treat exotic invasive species; and Establish a permanent conservation easement on the Project that will perpetually protect streams, wetlands, and their associated buffers. The restoration plan and design approach were developed based on existing conditions, reference reach conditions and the Project goals outlined above. This Project will utilize Priority 1 and 2 restoration, Enhancement Level I, Enhancement Level II, and Preservation. Stream restoration designs will produce a single thread meandering channel consisting of a typical riffle pool relationship. Reference reach data, NC regional curve data, and historical data will be utilized in the design of each restored stream reach. Analytical design approaches will also be used to determine watershed discharge contributing to each stream reach as well as enhance the overall design. The design approach for each stream reach is detailed below Reach PH1-A A mix of offline and inline, Priority 1 and 2 restoration is proposed for this reach to address historic channelization, channel incision, and lack of habitat. Restoration activities include: - Grading a new single -thread channel in a new floodplain near the NCDOT culvert (Priority 2) and in the existing floodplain through the rest of the reach (Priority 1), Grading the floodplain and valley toe of slope to promote wetland re-establishment STA 20+75 to 26+00, - Installing log and rock structures to provide grade control, Establishing a riffle -pool sequence throughout the new channel, Installing hay -bale, brush, juncus, and stone toe protection on meander bends, - Stabilizing banks via coir matting and live staking, Removing a drain tile near STA 4+75, - Mepmang a curvern crossury near a IM our i D, - Removing existing farm road within the easement, Riparian planting, and - Treating invasive species Reach PH1-B An Enhancement II approach is proposed for this reach to address channel incision and buffer impacts. Enhancement activities include: Grading through bank berms in select locations to improve floodplain connection, - Enhancing 6 existing riffles with additional stone and woody debris to lift the channel bed, Installing two post -assisted log structures to provide habitat and drop water elevation, - Stabilizing any disturbed banks via live -staking, Riparian planting, and Treating invasive species Reach PH1-C A preservation approach is proposed for this reach to protect it in perpetuity. Reach PH2 A mix of offline and inline, Priority 1 and 2 restoration is proposed for this reach to address historic channelization, channel incision, and lack of habitat. Restoration activities include Grading a new single thread channel in a new floodplain near the NCDOT culvert (Priority 2), and in the existing floodplain (Priority 1) towards the PH1 confluence, - Installing log and rock structures to provide grade control and habitat, Establishing a riffle -pool sequence throughout the new channel, - Installing brush toe protection on select meander bends, - Stabilizing banks via coir matting and live staking, and - Riparian planting Reach PH3-A An Enhancement I design approach is proposed for this reach to address channel incision and lack of habitat. Enhancement activities include: Grading a floodplain bench along both banks from STA 1+40 to 2+34 to reduce channel entrenchment and improve bank stability, - Installing woody riffles to lift the bed and provide habitat, Riparian planting, and - Treating invasive species Reach PH3-B A mix of offline and inline, Priority 1 and 2 restoration is proposed for this reach to address channel incision, bank instability, and lack of habitat. Restoration activities include: Grading a new single thread channel in a new floodplain to transition from PH3-A (Priority 2), and in the existing floodplain (Priority 1) for the rest of the reach, - Installing log and rock structures to provide grade control, - Establishing a riffle -pool sequence throughout the new channel, Installing brush toe protection on select meander bends, - Stabilizing banks via coir matting and live staking, Riparian planting, and - Treating invasive species Reach PH3-C An Enhancement II approach is proposed for this reach to address channel incision while avoiding buffer impacts. Enhancement activities include Installing 2 woody riffles and 6 post -assisted log structures to lift the channel bed, and Treating invasive species Reach PH4 A mix of offline and inline, Priority 1 and 2 restoration is proposed for this reach to address historic channelization, channel realignment, incision, and lack of habitat. Restoration activities include: - Grading a new single thread channel in a new floodplain to transition from the culverted farm crossing (Priority 2), and in the existing floodplain (Priority 1) for the rest of the reach, Grading the floodplain and valley toe of slope to promote wetland re-establishment STA 22+12 to 26+59, - Installing log and rock structures to provide grade control, Establishing a riffle -pool sequence throughout the new channel, - Installing brush toe protection on select meander bends, - Stabilizing banks via coir matting and live staking, - Replacing a culvert crossing near STA 1+00, - Removing a drain tile near STA 2+75, Regrading ditch D1 through two treatment pools and tying it in to PH4 near STA 13+50, - Removing existing farm road within the easement, and Riparian planting Reach PH5 A mix of offline and inline, Priority 1 and 2 restoration approach is proposed for this reach to address historic channelization, channel incision, and lack of habitat. Restoration activities include: Grading a new single thread channel in a new floodplain to transition from the culverted farm crossing (Priority 2), and in the existing floodplain (Priority 1) for the rest of the reach, - Installing log and rock structures to provide grade control, Establishing a riffle -pool sequence throughout the new channel, - Installing brush toe protection on select meander bends, - Stabilizing banks via coir matting and live staking, Replacing a culvert crossing near STA 0+40, - Removing a drain tile near STA 9+50, Removing existing farm road within the easement, - Riparian planting, and Treating invasive species Reach PH6-A An in -line, Priority 1 and 2 restoration approach at valley length is proposed for this reach to address historic channelization and channel entrenchment. Restoration activities include: - Grading a new valley from STA 0+73 to 2+85 (Priority 2), Raising the stream valley and grading a pilot channel from STA 2+85 to 7+66 (Priority 1), - Stabilizing banks via live staking, - Installing brush bed sills and valley sills to provide habitat and grade control, - Replacing a culvert crossing near STA 0+50, - Removing existing farm road within the easement, and Riparian planting Reach PH6-B An offline, Priority 1 restoration approach is proposed for this reach to address historic channelization, channel entrenchment, and lack of habitat. Restoration activities include - Grading a new single thread channel in the existing floodplain, - Installing log and rock structures to provide grade control, Establishing a riffle -pool sequence throughout the new channel, - Installing brush toe protection on select meander bends, Stabilizing banks via coir matting and live staking, - Riparian planting, and Treating invasive species Reach PH6-C An Enhancement II design approach is proposed for this reach to address channel incision and buffer impacts. Enhancement activities include: - Installing 4 post -assisted log structures to lift the channel bed, Riparian planting, and - Treating invasive species Reach PH6-D A preservation approach is proposed for this reach to protect it in perpetuity. Preservation activities include: - Treating invasive species Reach PH7-A An Enhancement II design approach is proposed for this reach to address lack of habitat and buffer impacts. Enhancement activities include: - Grading selective banks, and Riparian planting Reach PH7-B An in -line, Priority 2 restoration approach at valley length is proposed for this reach to address channel incision and lack of habitat. Restoration activities include: - Grading in a new stream valley and pilot channel, - Installing valley sills to provide habitat and grade control, - Stabilizing banks via live staking, Riparian planting, and Treating invasive species The Pantera Project offers an ecosystem restoration opportunity that will restore wetlands at the head of a network of stream confluences that conned to high -quality wetlands of the larger floodplain downstream, while preserving such quality wetlands as well. As such, the proposed wetland treatments are closely tied to the stream restoration. The Project will provide 2.946 WMUs through a combination of wetland re-establishment and preservation. Because of the site's observed soil characteristics, hydrology, and landscape position, a combination of wetland re-establishment and preservation is proposed. Wetland re-establishment at a credit ratio of 1:1 is proposed for currently non -jurisdictional areas of hydric soil or areas of fill material placed within wetlands.The primary area for re- establishment (RE1) encompasses the complex of stream confluences of reaches PH1-A, PH4, and PH5 (Figure 11). The area exhibits hydric soil but lacks adequate hydrology due to the stream channelization drawing down the local water table and the accumulated deposition of upland tillage sediment. Re-establishment activities will mainly be tied to the stream restoration of the three reaches that converge here. The stream restoration involves raising the channel bed by several feet which will effectively raise the local water table and restore wetland hydroperiods. Additionally, in accordance with recommendations from the Project's licensed soil scientist, the floodplain within the primary re-establishment area will be scraped to remove up to six inches of depositional soil and up to 12 inches along the edge of the floodplain. This activity will re -expose the floodplain elevation and buried hydric soils as well as redefine the floodplain toe -of -slope. Because the re-establishment exists on cropland, decompaction techniques will be utilized to increase porosity, specifically via ripping. The decompaction of disturbed soils will improve planting survival and allow greater infiltration and storage. Once ripped, shallow depressions and pools can be constructed using smaller, low impact equipment that will provide further storage. Along with infiltration and storage, these depressions will help to establish appropriate wetland vegetation communities and will create diverse habitat throughout the wetland areas.Two other, smaller areas of wetland re-establishment are proposed for areas where significant fill material has buried wetlands and are currently non -jurisdictional. One such area, RE2, comprises two large spoil piles within WB and along PH1-A. The other area, RE3, comprises fill and spoil material within WB and along PH1-A below the breached crossing that is associated with historic construction and breaching of the crossing. Re-establishment activities in these areas will involve removing the fill and spoil and grading to appropriate ground elevation which will re -expose hydric soil and reconnect to the surrounding wetland, WB. Furthermore, the stream restoration work will also contribute to hydrologic success of these areas while the reconstruction of the culvert and crossing will ensure long-term stability and prevent future breaches. Finally, all wetland re- establishment areas will be planted with hardwood trees of an appropriate wetland community type and moisture tolerances. Wetland preservation with a credit ratio of 10:1 is proposed for the remaining jurisdictional wetland areas that are already highly functioning and will not be notably improved by any other stream or wetland restoration activity. As for exotic invasive species, they will be treated during construction and routinely through the monitoring period if necessary. These wetlands will remain forested and protected in perpetuity. However, there is a portion of WA, that although will be preserved, will not generate any wetland credit as it is instead being utilized to generate riparian buffer preservation credit (Figure 11 & Appendix A). Riparian buffer and nutrient offset activities will include the planting of appropriate bareroot trees, livestakes, and native seed mix, treating and removing nuisance and non-native invasive species, and establishing a permanent conservation easement. There are four existing crossings within the easement. The existing culverts will be removed and replaced with appropriately sized culverts. These crossings are on reaches PH1-A, PH4, PH5, and PH6. A multitude of sediment control measures will be utilized on site. These sediment control measures include riparian buffer planting, bank stabilization, stream restoration, stream enhancement, wetland creation, and wetland rehabilitation. These measures will provide functional uplift of the site by limiting the nutrient input and sediment from activities outside of the proposed conservation easement. Woody debris structures will be incorporated into the channel design to provide additional stability and improve aquatic habitat. Typical structures that will protect the channel bed will include log sills, valley sills, brush bed sills, and brush toes. Bank stability measures include the installation of brush toe, hay bale toe, cwir matting, seeding, and live staking. Initial treatment for invasive species will occur during the construction phase of the Project throughout the entire easement area. While the whole Project will be evaluated and treated, specific areas along reaches PH1 (A-C), PH3 (A-C), PH5, and PH6 (B-D) have known occurrences of invasive species. Invasive species will require different and multiple treatment methods, depending on plant phenology and the location of the species being treated. All treatment will be conducted as to maximize its effectiveness and reduce chances of detriment to surrounding native vegetation. Treatment methods will include mechanical (cutting with loppers, clippers, or chain saw) and chemical (foliar spray, cut stump, basal spray, and hack and squirt techniques). Plants containing mature, viable seeds, will be removed from the Project and properly disposed. Based on existing conditions, species including Chinese privet and Chinaberry were observed throughout the Project, and species including kudzu were observed in localized areas. All herbicide applicators will be supervised by a certified ground pesticide applicator with a North Carolina Department of Agriculture and Consumer Services (NCDA&CS) license and adhere to all legal and safety requirements according to herbicide labels, and NC and Federal laws. Management records will be kept on the plant species treated, type of treatment employed, type of herbicide used, application technique, and herbicide concentration and quantities used. Upon completion of all construction activities and prior to planting, the subsoil will be harrowed, and any compaction will be disturbed. Applicable areas within the easement will be prepared using a subsoiler to a minimum depth of 12 inches. Soil testing will be completed prior to construction to determine what amendments should be applied to the soil. Completing this process will ensure favorable soil conditions to promote rapid plant growth. Rapid establishment of vegetation will provide natural stabilization for the Project. Due to the characteristics and rationale listed above, there will be two proposed planting zones that include the stream corridor riparian areas and the riparian wetland areas. Both zones have a unique planting plan associated with it that was determined using multiple sources. The primary heavy equipment to be used to construct the project will include excavators, backhoes, and dump trucks. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No O Unknown 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-2022-00606 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Jeremy Schmid Agency/Consultant Company: Resource Environmental Solutions, LLC Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR PJD was submitted on March 3, 2023. Wetland determinations have not yet been verified, and the PJD has not yet been issued by the USACE. A DWR Stream Determination was received on June 13th, 2022. A delineation concurrence was issued on June 21st, 2023. 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 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts 01 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W. 2d. W. name 2e. Forested* 2f. Type of Jurisdicition * ?) 2g.impact area W1 Stream T Headwater Forest WA Yes Corps 0.076 Restoration/Enhanceme (acres) nt - Limits of Disturbance W2 Stream T Headwater Forest WB Yes Corps 1.425 Restoration/Enhanceme (acres) nt - Limits of Disturbance W3 Agricultural Crossing P Headwater Forest WB Yes Corps 0.001 (acres) W4 Stream Restoration P Headwater Forest WA Yes Corps 0.009 (acres) W5 Stream Restoration P Headwater Forest WB Yes Corps 0.053 (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 1.501 0.063 2g. Total Wetland Impact 1.564 2i. Comments: The Pantera Mitigation project proposes the re-establishment and preservation of 11.968 acres of wetlands that will ultimately provide water quality benefits and ecosystem uplift for the 589-acre Project drainage area. This exceeds the 9.8 acres of existing wetlands on the project, as well as the total wetland impacts of 1.564 acres described above. Stream restoration will involve the construction and re -alignment of reaches PH1-A, PH2, PH3-13, PH4, PH5, PH6-A, and PH7-13. This will include floodplain grading, removal and installation of culverts, installation of stone and wooden structures to provide both grade control and lateral stream stability, use of in -stream structures including riffle grade controls, log sills, brush toes, hay -bale toes, stone toes, brush -bed sills, and post -assisted log structures (PALS), and ditch plugging. Stream construction will involve the selective clearing of current vegetation, which will be replanted with bare root and livestake trees appropriate for the desirable forested natural community type. In areas that are planned to be mostly cleared of trees, decompaction techniques to increase porosity, specifically ripping these areas 16 to 20 inches, will be performed. Where larger trees are expected to remain, equipment will be limited, and no ripping will occur. Once ripped, shallow depressions and pools can be constructed using smaller, low impact equipment. The decompaction of disturbed soils will improve planting survival and allow greater infiltration and storage. Along with infiltration and storage, these depressions will help to establish appropriate wetland vegetation communities and will create diverse habitat throughout the wetland areas. 3. Stream Impacts F 3a. Reason for impact (?) 3b.lmpact type" 3c. Type of impact* 3d. S. name* 3e. Stream Type* 3f. Type of 3g. S. width 3h. Impact ?) Jurisdiction* length* S1 Stream Restoration and Permanent Relocation PHI -A Intermittent Corps 2,668 Stream Crossing STA 30+15 Averege (feet) (linear feet) S2 Riffle Grade Control Temporary Stabilization PH1-13 Intermittent Corps 8 150 Structures Average (feet) (linear feet) S3 Stream Restoration Permanent Relocation PH2 Intermittent Corps 384 Averege (feet) (linear feet) S4 Stream Enhancement Temporary Stabilization PH3-A Intermittent Corps 5 138 Average (feet) (linear feet) S5 Stream Restoration Permanent Relocation PH3-13 Intermittent Corps 709 Averege (feet) (linear feet) S6 Riffle Grade Control Temporary Stabilization PH3-C Intermittent Corps 78 Structures Average (feet) (linear feet) S7 Stream Restoration and Permanent Relocation PH4 Intermittent Corps 2,136 Stream Crossing STA 1+00 Averege (feet) (linear feet) gg Stream Restoration and Permanent Relocation PH5 Intermittent Corps 1,612 Stream Crossing STA 0+40 Average (feet) (linear feet) S9 Stream Restoration and Permanent Relocation PH6-A Intermittent Corps 710 Stream Crossing STA 0+50 Averege (feet) (linear feet) St0 Stream Restoration Permanent Relocation PH6-13 Intermittent Corps 808 Average (feet) (linear feet) S11 Riffle Grade Control Temporary Stabilization PH6-C Intermittent Corps 30 Structures Averege (feet) (linear feet) St2 Stream Enhancement I Temporary Stabilization PH7-A Intermittent Corps 41 Average (feet) (linear feet) S13 Stream Restoration Permanent Relocation PH7-13 Intermittent Corps 198 Averege (feet) (linear feet) 3L Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 9,225 31. Total stream and ditch impacts: 3251 3i. Total temporary stream impacts: 437 3j. Comments: Stream restoration will involve the construction and re -alignment of reaches PH1-A, PH2, PH3-13, PH4, PH5, PH6-A, PH6-13, and PH7-B. This will include floodplain grading, removal and installation of culverts (4 total crossings), installation of stone and wooden structures to provide both grade control and lateral stream stability, use of in -stream structures including riffle grade controls, log sills, brush toes, hay -bale toes, stone toes, brush -bed sills, and post -assisted log structures (PALS), and ditch plugging. Stream construction will involve the selective clearing of current vegetation, which will be replanted with bare root and livestake trees appropriate for the desirable forested natural community type. Restoration and enhancement back to the natural valley and proper stream dimensions and profile will provide a net gain in ecological function to the stream, wetland, and riparian area complexes on this site. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Neuse Tar -Pamlico Catawba Randleman Goose Creek Jordan Lake Other 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation requiredT 6f. Zone 1 impact 6g. Zone 2 impact 131, Allowable T PH1-A No 0 7,065 132, Allowable P PH1-A No 3,673 0 133, Allowable P PHt-A No 1,862 0 134, Allowable T PHt-A No 60,363 0 B5, Allowable T PH1-13 No 32,965 0 136, Allowable T PH1-13 No 0 11 12 137, Allowable T PH3-A No 11,414 0 B8, Allowable T PH3-13 No 42,618 0 139, Allowable P PH3-B No 1,891 0 B10, Allowable T PH3-C No 8,078 0 1311, Allowable T PH5 No 16,052 0 1312, Allowable P PH5 No 1,081 0 1313, Allowable P PH6-B No 602 0 1314, Allowable T PH6-13 No 6,032 0 1315, Allowable T PH6-C No 1,253 0 1316, Allowable T I PH7-A No 287 0 B17, Allowable P PH7-13 No 40 0 618, Allowable T PH7-B No 11,503 0 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 190,565.00 7,077.00 Zone 1 Zone 2 Total Permanent impacts: 9,149.00 0.00 Zone 1 Zone 2 Total combined buffer impacts: 199,714.00 7,077.00 6i. Comments: Stream restoration will involve the construction and re -alignment of reaches PH1-A, PH2, PH3-B, PH4, PH5, PH6-A, PH6-13, and PH7-B. Stream construction will involve the selective clearing of current vegetation, which will be replanted with bare root and livestake trees appropriate for the desirable forested natural community type. A native, permanent seed mix will also be used on the stream banks and throughout the floodplain to provide both initial and long-term bank stabilization. The variety of plant species to be used in both planting zones will provide a diverse plant community through the stream, riparian buffer, and wetland complexes. Stream restoration projects often improve water quality and aquatic habitat. Establishing native, forested buffers in riparian areas will help protect water quality, improve aquatic and terrestrial habitats, and provide a travel corridor for wildlife species. Provided measures are taken to minimize erosion and sedimentation from construction/restoration activities, we do not anticipate the project to result in significant adverse impacts to aquatic and terrestrial wildlife resources. E. Impact Justification and Mitigation 1. Avoidance and Minimization O 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Due to the nature of the project and the stream restoration that will take place, complete avoidance of stream, wetland, and buffer impacts is not possible. Although unavoidable, impacts related to the proposed stream treatment will be limited where possible, and will result in an overall gain in aquatic resources and provide functional uplift of the stream, wetland, and buffer complexes throughout the project. In addition, innovative structures such as riffle grade controls and post -assisted log structures (PALS) are being utilized in -line on some reaches to achieve functional uplift of aquatic resources while minimizing impacts to surrounding riparian wetlands and forested buffer. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Impacts will be minimized using a staged construction approach. Where possible, the channel will be constructed prior to turning stream flow into a segment. This approach minimizes the impact of each stage during project construction. Efforts will be made to preserve individual high -value trees located within the stream restoration area. 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: This is a stream mitigation project that will ultimately uplift the ecological quality of streams, buffers, and wetlands on site, within the Neuse River Basin (Falling Creek), and therefore does not need compensatory mitigation. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No What type of SCM are you providing? Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Other SCM that removes minimum 30 % nitrogen Proposed project will not create concentrated stormwater flow through the buffer 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: There will be no increase in impervious surface due to this project. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? * 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 Project will not result in any additional development. Ultimately there will be an increase in water quality within the project and downstream due to the restoration, enhancement, and preservation of the project streams, enhancement and rehabilitation of project wetlands, the planting of a riparian buffer, and the establishment of a conservation easement to be protected in perpetuity. There is, however, anticipated future residential development of the watershed as a whole. 4. Sewage Disposal (DWR Requirement) N n 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. Raleigh 5d. Is another Federal agency involved?* Yes No 5e. Is this a DOT project located within Division's 1-8? Yes No 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 Unknown 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? USFWS- Information for Planning and Consultation (IPAC) and Natural Heritage Program (NHP) Database. 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?'� NOAA Essential Fish Habitat Mapper 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? North Carolina State Historic Preservation Office (NC SHPO) The Catawba Indian Nation 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 Information System 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 CombinedAttachments_PCN_Pantera.pdf 32.43MB File must be PDF or KMZ Comments 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: Sydney Beck Signature Date 12/21/2023