HomeMy WebLinkAbout20181273 Ver 3_401 Application_20240314DWR
Dlvislon 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
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
Is this project a public transportation project?*
Yes No
Change only if needed.
BIMS # Assigned *
Version# *
20181273
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 Poliui:Maria. Poliui
Information for Initial Review
1a. Name of project:
Bug Headwaters Mitigation Site
1a. Who is the Primary Contact?*
Jeff Keaton
1b. Primary Contact Email:* 1c. Primary Contact Phone:*
jkeaton@wildlandseng.com (919)851-9986
Date Submitted
3/14/2024
Nearest Body of Water
Big Bugaboo Creek
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude:
Longitude:
36.320698
-80.984329
A. Processing Information O
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Wilkes
Is this a NCDMS Project
Yes No
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 types) of permits) 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
If yes, please provide a statement concerning compliance with the Coastal Zone Management Act.
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
27 - Restoration
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application? *
Yes No
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 i 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. Nani on recorded deed:
Horace Randle Wood
2b. Deed book and page no.:
1156/106
2c. Contact Person:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2d.Address
Street Address
P.O. Box 9
Address Line 2
City
State / Province / Region
Thurmond
INC
Postal / Zip Code
Country
28683
USA
Yes No
Yes No
2e. Telephone Number:
(336)413-1794
2g. Email Address:"
jkeaton@wildlandseng.com
3. Applicant Information (if different from owner)
3a. Name:
Lin Xu
3b. Business Name:
NCDEQ -DMS
3c.Address
Street Address
217 W. Jones St.
Address Line 2
Suite 3000A
city
Raleigh
Postal / Zip Code
27603
3d. Telephone Number:
(919)707-8319
3f. Email Address:*
lin.xu@ncdenr.gov
4. Agent/Consultant (if applicable)
4a. Name:
Carolyn Lanza
4b. Business Name:
Wildlands Engineering, Inc.
4c.Address
Street Address
312 W. Millbrook Rd.
Address Line 2
Suite 225
city
Raleigh
Postal / Zip Code
27609
4d. Telephone Number:
(919)851-9986
4f. Email Address:*
clanza@wildiandseng.com
C. Project Information and Prior Project History
1. Project Information
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Traphill, NC
2. Project Identification
2a. Property Identification Number: 2b. Property size:
190517.1902520 22.77
2c. Project Address
Street Address
8600 Austin Traphill Rd.
Address Line 2
City
Traphill
Postal / Zip Code
28685
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Big Bugaboo Creek
3b. Water Resources Classification of nearest receiving water: *
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
030401010601
4. Project Description and History
State / Province / Region
NC
Country
USA
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 site is located in a rural watershed in northeastern Wilkes County, NC. The proposed stream repair areas are within a conservation easement associated with an existing stream
mitigation site. The project is currently in monitoring year 4 and has dense herbaceous vegetation and planted saplings approximately 4 years old surrounding the repair areas. Cattle
pasture surrounds the majority of the conservation easement.
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).
DWR # 18-1273 — NCDWR WQC No. 4134, issued 11/13/2020, expired 3/1812022
DWR # 18-1273 — NCDWR WQC006306, issued 9/26/2023 for renewal of previously -authorized WQC No. 4134, expires 3/14/2026
SAW-2018-01788 — USACE NWP 27, issued 10/20/2020, expired 3/18/2022
SAW-2018-01788 — USACE NWP 27 renewal for repairs, issued 9/26/2023, expires 3/14/2026
4f. List the total estimated acreage of all existing wetlands on the property:
6.612
4g. List the total estimated linear feet of all existing streams on the property:
8,700
4h. Explain the purpose of the proposed project: *
The purpose of the Bug Headwaters Mitigation Site is to provide stream mitigation to offset unavoidable impacts in the Yadkin -Pee Dee River Basin (03040101). This mitigation project is
currently in monitoring year 4. Repairs to restored and enhanced stream channels are necessary to fulfill mitigation performance criteria and stabilize channels. Repairs to in -stream
structures and additional bank stabilization were proposed along four stream reaches in a PCN submitted on 8/11/2023 and approved in September 2023. Additional impacts not included
in the original NWP 27 were included along UT2A for bank stabilization to address channel downcutting and bank scour.
This PCN serves as an addendum to the application submitted on 8/11/2023 to include additional necessary repairs to impaired stream reaches identified during an NC IRT site walk
conducted on 2/14/2024. Impairments along UT3 noted in the 8/11/2023 PCN were repaired by hand. The remaining repairs approved in 2023 have not been completed due to logistical
constraints and favorable site soil moisture conditions. New repair areas were identified on Big Bugaboo Creek Reach 1, UT2A Reach 2, UT2 Reach 5, and UT3. A new repair was also
identified in the right floodplain of Big Bugaboo Creek Reach 3 where a wetland outside of the conservation easement has created an incised rill through the floodplain. Further, previously
approved repairs on Big Bugaboo Creek Reaches 3 and 4 are proposed for expansion to include areas up- and downstream of repair areas addressed in the 2023 PCN.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Approved repairs along Big Bugaboo Creek Reaches 3 and 4 are proposed to be expanded to reform and stabilize eroded banks, replace or repair damaged log and boulder sills, and
repair point bars that were found to be impaired during the IRT site walk on 2/14/24. Additional repairs on Big Bugaboo Creek Reach 1 and UT2A Reach 2 will repair damaged log and
boulder sills that have eroded banks and displaced riffle material downstream of the impaired structures. Repairs on UT2 Reach 5 are necessary to address an incised riffle and will rebuild
the riffle to raise it back to its designed elevation. The new repair area identified at the upstream end of UT3, just outside of the conservation easement, will address a secondary channel
that has started to reform due to a debris jam and accumulation of sediment at the top of UT3. A diversion channel will be made from the secondary channel to UT3 to divert flow back to
the main channel, and the debris jam and excess sediment will be removed to restore flow to the restored stream channel.
Mid -size excavators will be used for replacing riffle material, reforming eroded banks, and repairing failing log and boulder sills. Off -road track trucks will be used for hauling soil. Banks will
be stabilized with fiber coir matting or sod mats, reseeded with a native riparian mix, and live -staked as necessary.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
Comments:
A PJD was issued on 6/21/2020 prior to construction.
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-2018-01788
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Charlie Neaves
Agency/Consultant Company: Wildlands Engineering
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USACE PJD field visit 2/11/2020
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?
No other NWP(s), regional general permit(s), or individual permit(s) are intended to be used for this project.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries a Buffers
Open Waters Pond Construction
2. Wetland Impacts
0
W4
2a1 Reason (?)
Diversion channel
2b. Impact type* (?)
P
*
2c. Type of W.
Headwater Forest
2d. W. name*
Wetland N
2e. Forested*
Yes
2f. Type of Jurisdicitio n *
(?)
Both
�29. Impact
area *
0.008
(acres)
W5
Floodplain grading
T
Headwater Forest -A
Wetland N
Yes
Both
0.011
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.011 0.008
2g. Total Wetland Impact
0.019
2i. Comments:
Wetland impacts reported in this PCN only reflect additional wetland impacts identified in February 2024 and do not include impacts previously approved
in 2023.
3. Stream Impacts
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*
g1
Repair boulder sills &bank
Permanent
Stabilization
UT2A
Intermittent
Both
35
stabilization
Average (feet)
(linear feet)
S2
Repair constructed riffle
Permanent
Stabilization
UT2
Perennial
Both
17
Average (feet)
(linear feet)
S3
Repair stream structures &
Permanent
Stabilization
Big Bugaboo Creek
Perennial
Both
t;;J�J
bank stabilization
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
451 0
3i. Total stream and ditch impacts:
451
3j. Comments:
Stream impacts reported in this PCN only reflect additional stream impacts identified in February 2024 and do not include impacts previously approved
in 2023.
E. Impact Justification and Mitigation
0
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The proposed repair activities are designed to have an overall long-term positive impact. The sections of stream proposed for repair in August 2023
provide poor aquatic habitat and barriers to aquatic organism passage in their current condition. Following an NC IRT site walk on 2/14/24, additional
areas needing repair were identified. If unaddressed, these reaches will experience increased erosion and contribute to increased sediment loads
downstream in the future. Repairs for Big Bugaboo Creek Reaches 1, 3, and 4, UT2 Reach 5, UT3, and UT2A Reach 2 will remedy these impairments
and avoid impacts to adjacent stream reaches and wetlands that are properly functioning. Permanent wetland impacts at the upstream end of UT3 are
necessary to restore flow to the main channel and divert secondary flow that is eroding through the floodplain. Temporary wetland impacts are necessary
for equipment access and floodplain grading adjacent to repair areas. Access to repair areas will take the shortest logistically feasible route through the
easement and avoid wetlands as much as possible.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Equipment traffic will avoid wetlands and properly functioning streams as much as possible. Hand repairs will be conducted where possible to minimize
the use and movement of equipment through the easement. Channel banks will be stabilized using biodegradable coir fiber matting and seeded and
planted with native riparian vegetation. Temporary crossings will be located in repair areas before repairs are made to minimize stream impacts.
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 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:
Projects authorized under NWP 27 are exempt from 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
If no, explain why:
The Yadkin 03040101 basin is not regulated by NC Riparian Buffer Protection Rules.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federallstate) land? *
Yes No
1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes No
Comments: *
A categorical exclusion was prepared by Wildlands and signed by the Federal Highway Administration on 11/7/2018. The project area has not changed
since construction and all proposed repairs will be within the existing conservation easement and stream footprints. The Categorical Exclusion checklist
is attached.
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
0
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.
Development is explicitly prohibited within the conservation easement and the project is not expected to encourage nor facilitate future development.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?
Yes No Unknown
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
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 and NCNHP databases were utilized. USFWS and NCWRC were contacted on July 11, 2018 requesting comment on the original project. No
response was received from USFWS within 30 days. NCWRC responded on August 7, 2018 stating the project "should not impact wild trout resources,"
(see attached Categorical Exclusion checklist). An updated IPaC species list dated March 6, 2024 is attached. An updated NCNHP database report was
created March 6, 2024 and lists only one occurrence in 1996 of a federally listed species, the bog turtle, within 1-mile of the project area. Tree clearing
and blasting will not occur to conduct the repairs. Further, there are no known bat hibernacula within the project area. Any impacts to wetlands are
temporary and will not affect potential bog turtle habitat.
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?
NCSHPO was contacted regarding presence of historical properties or cultural resources within the project area on July 11, 2018. NCSHPO replied on
August 16, 2018 stating they were unaware of historic or cultural resources that would be affected by the project. Wildlands utilized the NCSHPO online
database on August 7, 2023 to confirm that no new historic resources had been identified near the proposed repair areas.
Tribal Historic Preservation Officers (THPO) were contacted for the Eastern Band of Cherokee Indians (EBCI) on August 15, 2018 and the United
Keetoowah Band of Cherokee Indians in Oklahoma and the Cherokee Nation on October 5, 2018. The Cherokee Nation responded on November 2,
2018 saying Bug Headwaters is "outside the Cherokee Nation's Area of Interest." Wildlands did not receive a response from EBCI or United Keetoowah
Band of Cherokee Indians in Oklahoma.
See attached Categorical Exclusion checklist.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
Sc. What source(s) did you use to make the floodplain determination?"
FEMA FIRM panels 3710490400J and 3710490200J.
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
BugHeadwaters_MY4RepairsPCNPackage.pdf 14.65MB
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:
Carolyn Lanza
Signature
G��t111!J r-e%1K a
Full Name (DMS Signature)
Lin Xu
DSM Signature
ms"" �y
Date
3/14/2024
Q