HomeMy WebLinkAbout20140333 Ver 1_401 Application_201510151 i
W A TE9�G
O T
A. Applicant Information
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre- Construction Notification (PCN) Form
1. Processing
1a. Type(s) of approval sought from the
Corps: ®Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: No. 27 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? I ❑ Yes
1 d. 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
® No
1 e. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit:
because written approval is not required? Certification:
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
Page 1 of 13
PCN Form - Version 1.3 December 10, 2008 Version
❑ Yes ® 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.
1 g.
Is the project located in any of
NC's twenty coastal counties. If yes, answer 1 h
below.
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
2.
Project Information
2a.
Name of project:
Holman Mill Mitigation Project
2b.
County:
Alamance
2c.
Nearest municipality/ town:
Snow Camp, NC
2d.
Subdivision name:
N/A
2e.
NCDOT only, T.I.P. or state
project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
M Darryl Lindley Revocable Trust
3b.
Deed Book and Page No.
DB 666 PN 2959
3c,
Responsible Party (for LLC if
NCDENR — Division of Mitigation Services
applicable):
Contact: Tim Baumgartner, Deputy Director
3d.
Street address:
1 217 West Jones Street, Suite 3000A
3e.
City, state, zip:
I Raleigh, NC 27603
3f.
Telephone no.:
1 919 - 707 -8543
3g.
Fax no.:
1 919 - 707 -8976
3h.
Email address:
I Tim.Baumgartner @ncdenr.gov
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
Page 1 of 13
PCN Form - Version 1.3 December 10, 2008 Version
4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ® Other,. specify: State agency
4b.
Name:
Tim Baumgartner
4c.
Business name
.f applicable):
NCDENR- Division of Mitigation Services
4d.
Street address:
217 V11. „=ones St, Suite 3000A
4e.
City, state, zip:
Raleigh. NC 27603
4f.
Telephone no.:
919 - 707 -8543
4g.
Fax no.:
919- 707 -8976
4h.
Email address:
Tim.Baumgartner @ncdenr.gov
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Ian Eckardt
5b.
Business name
Of applicable):
Wildlands Engineering, Inc.
5c.
Street address:
1430 South Mint Street, Suite 104
5d.
City, state.. zip:
Charlotte, NC 28203
5e.
Telephone no.:
704 - 332 -7754
5f.
Fax no.:
704- 332 -3306
5g.
Email address:
ieckardt @wildlandseng.com
Page 2of13
B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel ID):
1b. Site coordinates (in decimal degrees):
1 c. Property size:
2. Surface Waters
PIN# 8786552224
Latitude: 35.854054° N Longitude: 79.384383° W
Final protected easement acreage will be 27.9 Acres
2a. Name of nearest body of water (stream, river, etc.) to Pine Hill Branch
proposed project:
2b. Water Quality Classification of nearest receiving water: Class WS -V; NSW
2c. River basin: I Cape Fear: 03030002
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: The project area is located within a rural watershed in southern Alamance County, NC. Land use in and
immediate adjacent to the project area is primarily are a mix of open agriculture fields and woods used for livestock
grazing. The eastern edge of the project is forest where the cattle are excluded. The majority of on -site streams have
been impacted by cattle grazing and removal of the riparian buffer.
3b. List the total estimated acreage of all existing wetlands on the property:
The project site includes seventeen jurisdictional wetlands, approximately 0.74 acre in size.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Approximately 8,699 linear feet of intermittent and perennial channel within the project area.
3d. Explain the purpose of the proposed project:
The primary goal of the project is to reclaim the natural and beneficial functions of project stream channels and
floodplains through enhancement and restoration activities and to establish /protect riparian buffers.
3e. Describe the overall project in detail, including the type of equipment to be used:
Stream enhancement and restoration would be achieved through natural channel design. Stream enhancement would
include minor bank stabilization, habitat improvement through the installation of instream structures, fencing out cattle,
and planting of a native riparian buffer as appropriate. Restoration activities would involve excavation of new channel and
floodplain, installation of instream structures, planting a native riparian buffer and fencing out of cattle. Trackhoes will be
used for in- stream work. A conservation easement will be recorded on the project streams and corresponding riparian
buffer.
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 ❑ Preliminary ® Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company:
Name (if known): Ian Eckardt — Wildlands Eng. Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
A Jurisdictional Determination was issued by David Bailey of the USACE on January 5, 2015. A copy of the approved
Jurisdictional Determination is included in Appendix 3 (Action Id. SAW- 2015 - 00019).
Page 3 of 13
PCN Form — Version 1.3 December 10, 2008 Version
5. Project History
5a, Have permits or certifications been requested or obtained for
this project ;including all prior phases; in the past? Yes No lJn�cnc�vr:
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 4of13
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)
Stream
W1 — Wetland N enhancement — Seep El Yes ® Corps 0.002
❑ P ® T minor bank ® No ® DWQ
grading
W2 — Wetland P Fill — Installation El Yes ® Corps
® P F-1 T of rock outlet Headwater forest 0.0005
® No ®DWQ
2g. Total wetland impacts I 0.0025
2h. Comments: Impacts to wetlands areas were avoided to the extent possible during the design phase. Minor bank grading
to the left bank of UT1 at Station 107 +47 would result in temporary impacts to the portion of Wetland N that directly abuts the
channel. Less than 6 inches of grading is proposed in that impact area. A rock outlet structure is proposed where Wetland P
drains into UT1 near Station 101 +57. The rock outlet structure would stabilize the grade where Wetland P would reconnect to
the new stream alignment and result in a permanent impact of 0.0005 acres.
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)
S1 ❑ P ® T I
Enhancement II
UT to Pine Hill
® PER
® Corps
I 15 -20
I 3,526
Branch
❑ INT
® DWQ
S2 ❑ P ® T
Restoration
UT1
® PER
® Corps
I
4 -6
546
❑ INT
® DWQ
S3 ❑ P ® T
Enhancement II
UT1
® PER
❑ INT
® Corps
I ® DWQ
6 -10
2,122
S4 ❑ P ® T
Enhancement II
UT1A
❑ PER
® INT
® Corps
I ® DWQ
1 -3
84
S5 ❑ P ®T
Enhancement II
UT2 - Reach 1
® PER
❑ INT
® Corps
I ® DWQ
10 -15
588
S6 ❑ P ® T
Enhancement I
UT2 - Reach 2
® PER
❑ INT
® Corps
® DWQ
10 -15
298
S7 ❑ P ® T
Restoration
UT2 — Reach 3
® PER
❑ INT
® Corps
I ® DWQ
10 -15
396
S8 ❑ P ® T
Restoration
UT2 — Reach 4
® PER
❑ INT
® Corps
I ® DWQ
10 -15
242
S9 ❑ P ® T
Restoration
UT2A
® PER
❑ INT
® Corps
I ® DWQ
10 -15
468
S10 ❑ P ®T I
Enhancement II
I UT213
❑ PER
I ® Corps
I 3 -5
I 429
Page 5 of 13
I I ; INT � Xl DWQ I
3h. Total stream and tributary impacts I 8.699
3i. Comments: impacts to on -site streams include temporary enhancement and restoration activities and will result in a net 1
gain of 313 linear feet of perennial and /or intermittent stream channel.
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. 4b. 4c. 4d, 4e.
Open water Name of waterbody
impact number — (if appiicabie) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary (T) 1
01 ❑P ❑T
02 ❑P❑T
03 ❑P ❑T
41'. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
if pond or lake construction proposed, then complete the chart below.
5a. 5b, 15c. 5d.
Wetland impacts (acres) Stream Impacts (feet)
Pond ID Proposed use or purpose
number of pond
Flooded ! Filled Excavated Flooded Filled I Excavated
P1
P2 V
5f. Total
5g. Comments:
5h. Is a dam nigh hazard permit required
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
❑ Yes ❑ No If yes, permit ID no:
Page 6 of 13
5e.
Upland
(acres)
Flooded I
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
Permanent (P) or for
Temporary (T) impact
131 ❑P ❑T
B2 ❑P ❑T
B3 ❑P ❑T
6i. Comments:
Buffer
Stream name mitigation
required?
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
6h. Total buffer impacts
Page 7 of 13
Zone 1 impact Zone 2 impact
(square feet) (square feet)
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taker. to avoid or minimize the proposed impacts in designing project
Due to the nature of stream mitigation projects, Impacts to on -site channels are necessary. The project will use natural
channel design techniques throughout to have an overall positive impact, enhancing and restoring stream function and
habitat by improving bed features in the streams and establishing flood storage. Biodegradable coir fiber matting and
native vegetation will be used to stabilize the newly graded banks throughout the project. The project design focused on
avoiding and minimizing wetland impacts as much as possibie Wetland areas inside the limits of disturbance will be
flagged with safety fence during construction to avoid unintended impacts. This will be denoted in the final construction
pians Erosion and Sediment Control sheets, details, and specifications.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction practices will follow guidelines from the NC Erosion and Sediment Control Planning and Design Manual.
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)
2c. If yes. which mitigation option will be used for this
project?
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approvai letter from in -lieu fee program is attached
4b. Stream mitigation requested:
4c. If using stream mitigation. stream temperature:
4d. Buffer mitigation requested (DWQ only):
4e. Riparian wetland mitigation requested:
Af [ Inn riparian wetland mitinatinn requested:
,ra..
4g. Coastal (tidal) wetland mitigation requested:
4h. Comments:
❑ DWQ ❑ Corps
R Mitigation bank
❑ Payment to in -lieu fee program
Permittee Responsible Mitigation
Type Quantity
L Y a-,
linear feet
❑ warm ❑ cool
square feet
acres
5. Complete if Using a Permittee Responsible Mitigation Plan
ar:rP.S
acres
❑cold
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 8 of 13
PCN Form — Version 1.3 December 10, 2008 Version
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 ❑ Yes ® No
buffer mitigation?
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.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 I I 13 (2 for Catawba)
Zone 2 I I I 1.5
Ij I 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 9 of 13
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1 1. Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
❑ DWQ 401 Unit
1 b.
if yes, then is a diffuse flow plan included? If no. explain why.
DWQ Stormwater Program Review
3a.
Comments: The project is located in the Cape rear River Watershed (HUC
❑ Yes ❑ No
03030002) which isn't within one the NC Riparian Buffer Protection Rules.
I Phase II
2.
Stormwater Management Plan
U NSW
[E; USMP
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: This project involves the restoration and
enhancement of on -site jurisdictional stream channels, no increase in impervious cover will result from the constructior of
this project.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
I ❑ Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
attached?
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
DWQ Stormwater Program Review
3a.
In which local government's jurisdiction is this project?
❑ Coastal counties
I Phase II
3b.
Which of the following locally - implemented stormwater management programs
U NSW
[E; USMP
4a.
apply (check all that apply):
CI Water Supply Watershed
Ci 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
I] Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
iattached?
'__J ' `s
L_J
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes
a No
5b.
Have aii of the 401 Unit submittal requirements been met?
❑ Yes
❑! N,-
Page 10 of 13
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)?
1 c. 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: The approved Categorical Exclusion is attached in Appendix 7 of the
mitigation plan.
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 ® 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 ❑ 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.
This is a stream restoration and enhancement project and will not cause an increase in development nor will it negatively
impact downstream water quality. The project area will be protected in perpetuity from future development through a
conservation easement.
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.
Page 11 of 13
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 ar, area with federally protected species or ❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No
impacts?
Z Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
C Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Utilized the U.S. Fish and Wildlife Service (USFWS) and North Carolina Natural Heritage Program (NHP) databases in
order to identify federally listed Threatened and Endangered plant and animal species for Alamance County, NC. There
are no federal endangered or threatened species listed for Alamance County. Correspondence with the USFWS is
included in Appendix 7 of the mitigation plan.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? I ❑ Yes Z No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The National Oceanic and Atmospheric Administration (NOAA) — Essential Fish Habitat Mapper website was used to
determine the project wasr't located ir, or near an area designated as Essential Fish Habitat. Designated Essential Fish
Habitat in North Carolina includes salt marshes, oyster reefs. and seagrass. The NC Wildlife Resource Commission
(NCWRC) was also contacted for comment related to fish and wildlife issues associated with the proposed stream
mitigation project. The NCWRC responded on 3/14/14 and didn't anticipate the project to result in significant adverse
impacts to aquatic or terrestrial wildlife resources (see correspondence in Appendix 7 of the mitigation plan,).
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Wil' this project occur in or near an area that the state. federal or tribal
governments have designated as having historic or cultural preservation ❑ Yes Z 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?
The NC State Historic Preservation Office (SHPO) was contacted regarding the presence historic properties or cultural j
resources within the project area. SHPO responded on 3/24/14 and stated they were aware of no historic resources that
would be affected by the project (see correspondence in Appendix 7 of the mitigation plan).
Page 12 of 13
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain? I N Yes ❑ No
8b. If yes, explain how project meets FEMA requirements: UT to Pine Hill Branch is mapped in a Zone AE Special Flood
Hazard Area (SFHA) on Alamance County Flood Insurance Rate Map Panel 8786. Portions of UT2 and UT2A are
located in the "flood fringe" of the UT to Pine Hill Branch floodplain but are not modeled systems. Wildlands coordinated
with the Alamance County, NC Floodplain Administrator to determine what would be required for this project. They
determined the County will require a technical memo stating all activities within Zone AE on the project, but that no FEMA
modeling will be necessary. After review of the technical memo, the Floodplain Administrator will determine if a floodplain
development permit is required and if so, will issue one at that time. The Floodplain Checklist is located in Appendix 9.
8c. What source(s) did you use to make the floodplain determination? FIRM Panel 8788 and 8879
Tim BaumgartnerpM ✓�� bo� 1 "' 7f--m y�
Deputy Director, NCB - DMS Applicant/Agent's Signature
Applicant /Agent's Printed Name (Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 13 of 13
/bAIII&C
Date