Loading...
HomeMy WebLinkAbout20091183 Ver 2_401 Application_20160216North Carolina Department of Natural and Cultural Resources Pat McCrory Susan Kluttz Governor Secretary February 3, 2016 Ms. Karen Higgins NC Division of Water Resources, Winston-Salem Regional Office 1615 Mail Service Center Raleigh, NC 27699-1617 RE: Water Quality Certification Horne Creek Crossings Pilot Mountain State Park Dear Ms. Higgins: D C @110WIRE D rt.8032016 DEO-WATER RESOURCES BUFFER PE MI IN Enclosed are five copies of a completed application submittal package requesting a Water Quality Certification for proposed maintenance improvements to three existing vehicular fords along Horne Creek in the River Section North of Pilot Mountain State Park in Surry County, NC. This application package consists of the following documentation: a completed PCN form, vicinity and park maps, and a project drawing. Please also find the enclosed journal transfer documentation indicating that payment of the $240 application fee has been transferred from Division of Parks and Recreation (DPR) to the Division of Water Quality. This information is being submitted per previous correspondence with Sue Homewood in the Winston-Salem Regional Office as well as previous issuance of a Water Quality Certification for similar activities. The three existing vehicular fords associated with this project are in need of maintenance due to erosion and sedimentation presumably caused by the cumulative effects of motor vehicle passage and high stormwater flows. Proposed improvements to each crossing include hardening the approach and exit to each ford with paver stones and four inches of compacted gravel. The stream bed will be hardened where necessary with paver stones. A channel will be left between paver stones to allow in -stream sediment transport. Park staff anticipates using a back hoe and tractor for construction. DPR is concurrently submitting one copy of this permit application to the US Army Corps of Engineers to request a General Permit Verification under Nationwide Permit 3 per previous correspondence with Andrew Williams (USACE, Raleigh Regulatory Field Office). Please contact me if you require any additional information. Justin Williamson Environmental Review Coordinator North Carolina Division of Parks and Recreation 1615 Mail Service Center, Raleigh, North Carolina 27699-1615 Phone: 919-707-9300 / Internet: www.ncparks.gov NORTH CAROLINA STATE PARKS An Equal Opportunity / Affirmative Action Employer — Made in part by recycled paper Noma* Wondpiil O�O� W AT E9�G i i > Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre -Construction Notification PCN Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit E] Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 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 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Horne Creek Stream Crossings 2b. County: Surry 2c. Nearest municipality / town: Pinnacle 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: State of North Carolina (c/o NC Division of Parks & Recreation) 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 1615 Mail Service Center (c/o NC State Property Office) 3e. City, state, zip: Raleigh, NC. 27699 3f. Telephone no.: (919) 707-9363 3g. Fax no.: (919) 715-5161 3h. Email address: sue.regier@ncparks.gov (DPR Land Protection) Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ❑ Other, specify: 4b. Name: NCDNCR, Division of Parks and Recreation (c/o Pilot Mountain State Park) 4c. Business name (if applicable): 4d. Street address: MSC 1615 4e. City, state, zip: Raleigh, NC. 27699-1615 4f. Telephone no.: (919) 707-9329 4g. Fax no.: (919) 715-5161 4h. Email address: justin.williamson@ncparks.gov 5. Agent/Consultant Information (if applicable) 5a. Name: N/A 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 11 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): 5964-00-46-5352 1 b. Site coordinates (in decimal degrees): Latitude: 36.2660 Longitude: - 80.4900 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 3,651 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Home Creek proposed project: 2b. Water Quality Classification of nearest receiving water: WS -IV 2c. River basin: Yadkin 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 consists of three existing fords along Home Creek, which is located in the northeastern portion of the River Section North of Pilot Mountain State Park. These vehicular crossings are in need of maintenance due to erosion and sedimentation presumably caused by the cumulative effects of motor vehicles and high stormwater flows. The project area is along a gravel recreational road that provides access to a group camping and picknicking area, as well as to a hiking trail just north of the Yadkin River. The northern portion of this area is mostly wooded, while the southern portion is bordered by a maintained lawn and picnic area. General land use in the vicinity of the project area consists of a mixture of recreational, residential, agricultural, and undeveloped. 3b. List the total estimated acreage of all existing wetlands on the property: --78 per NWI wetland mapping. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: —67,980' per USGS GIS mapping 3d. Explain the purpose of the proposed project: Improve the condition of 3 stream crossings 3e. Describe the overall project in detail, including the type of equipment to be used: The project will involve maintenance to three existing stream fords that function as vehicular crossings of Home Creek. The approach to each entrance and exit of the stream ford will be hardened with paver stones and 4" of compacted gravel. The stream bed will be hardened where necessary with paver stones. A channel will be left between paver stones to allow in -stream sediment transport. Park staff anticipates using a back hoe and tractor for construction. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ElYes [_1No ® 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): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. USACE please reference Action ID: 200902181 for Surry County. For DWR please reference DWQ # 09-1183 for Surry County. 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. Future plans for these stream crossings include bridging these existing crossings or abandoning these streams as a vehicle access once an alternate vehicle route to the Yadkin River is designated. Bridging is contingent on available funding. Abandoning the streams as a vehicle access is the preferred option but is land dependent. Page 4 of 11 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ❑ T Home Creek ® PER ❑ INT ® Corps ® DWQ 10 15 S2 ®P ❑ T Home Creek ® PER ❑ INT ® Corps ® DWQ 10 15 S3 ® P ❑ T Horne Creek ® PER ❑ INT ® Corps ® DWQ 10 15 S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 45 3i. Comments: Page 5 of 11 PCN Form —Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number- Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 ❑P❑T 5k. Method of construction: 02 ❑P❑T 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 03 ❑P❑T you MUST fill out Section D of this form. 6a. 04 ❑P❑T ❑Tar -Pamlico ❑Other: Project is in which protected basin? ❑ Catawba 4f. Total open water impacts 6b. 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name P2 (square feet) (square feet) Temporary T impact required? 5f. Total 131 ❑P❑T El Yes 5g. Comments: 5h. Is a dam high hazard permit required? 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑'Neuse ❑Tar -Pamlico ❑Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number- Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? 131 ❑P❑T El Yes ❑ No B2 ❑P❑T El Yes ❑ No B3 ❑P❑T El Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. A channel will be created by paver stones to allow for improved in -stream sediment transport to alleviate excess sedimentation that occurs adjacent to the existing fords after high flows in Home Creek. The maintenance measures should also reduce impact from vehicular crossings over the existing fords. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. N/A 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 yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ElPayment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. N/A Page 7 of 11 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 buffer mitigation? ❑ Yes ❑ No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 8 of 11 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 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? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? <1 % 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Below required threshold 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3: Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? N/A ❑ Phase II 3b. Which of the following locally-implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state-implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ® Other: N/A 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 11 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 ❑ Yes ❑ No letter.) Comments: 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. Small scope of this project and future protection of these crossings is not anticipated to result in additional development and adverse cumulative impacts. 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. N/A Page 10 of 11 PCN Form —Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? GIS File of rare species occurences provided by NC Natural Heritage Program 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 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 ® Yes ❑ No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Consultations with the State Historic Preservation Office on 8-27-09 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ® Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: Project complies with Sury County development regulations per personal communication between Amin Davis of DPR and Kim Bates of Surry County on 10-27-09. 8c. What source(s) did you use to make the floodplain determination? ncfloodmaps - Justin Williamson/ NC DPR 1-8-16 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided. Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version t * Y jiver Perk Tr r r• - 7 \e •a,, fl r�.r.',.`-tllb'•� tri "�+'- I . ` Sy.4. 19�� Ra ,III `''l-" Vie.. - - '•.` +'r U •. J .. _ O ,,........,• fir.- � 4 1 `-,``- O• r=.� orf ;. ice; D <D ) I Y o` t r �__ `•I . f . k Tr LEGEND _ t Stream Crossings Q Park Boundaries — Drainage Areas (-1,360acres) — Roads Streams ► 1 *�� �� �j,Si !' _,..— Unnamed Tributaries �) S X15 trcI c lFra�4t, 5' Elevation Contours (LIDAR)`" ` 7 0 0.1250.25 0.5 Miles 0 1,250 2,500 5,000 Feet I Scale: 1" = 2,500' Sources: NCDOT, USGS, NCCGIA (20 10 Aerial Photography) Prepared / Date: AKD/4-25-13 Horne Creek Stream Crossings North Carolina Division of Topography Pilot Mountain State Park Parks and Recreation Surry County, North Carolina Figure 3 i Gravel Road ® Stream Channel Stream Centerline 2' Elevation Contours Paver Stones & Gravel ® Approach In -Stream 1 1i NOTES: 1 1.) Features Depicted Are Not to Scale I 2.) Drawing Is ATypical Section Of All Three Crossings Sources: NCDOT, NCFMP Prepared / Date: AKD/11-5-09 Horne Creek Crossings Pilot Mountain State Park Surry County, North Carolina North Carolina Division of Proposed Maintenance Parks and Recreation Figure 3 N23 AP NEXT FUNCTION INVOICES BY PAYMENT REFERENCE NUMBER ACTION: HISTORY: 02/02/201 IRL BANK ACCT PAY CODE: IGO PYMT REF NUMBER: 0000140489 PAYMENT DATE 02/01/2016 PAYMENT AMOUNT : 290.00 VENDOR NUMBER 566000372 40 DEPT OF ENVIRONMENT & NATURAL FACTOR NUMBER RESOURCES CONTROLLERS OFFICE 1606 MAIL SERVICE CENTER RALEIGH NC PAY INVOICE INVOICE PYMT PRTL PAYMENT ENTITY NUMBER DATE NBR NBR AMOUNT ACT 46PT PIMO/1-6-16 01/06/2016 001 000 240.00 46PT STEPHENSON/8-15 08/11/2015 001 000 50.00 STATUS: END OF LIST MAj- a 06/022 f' ► on Xw IL i�. r > 1L35 PM - ',----' _ 21212016