20090048 Ver 2_401 Application_20160416

PAT MCCRORY
Governor'
DONALD R. VAN DER VAART
Secrernry
Mitigation Services
ENVIRONMENTAL QUALITY
April 6, 2016
Karen Higgins, 401 & Buffer Permitting Unit Supervisor a
Division of Water Resources v
401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699 - 1617
Re: Permit Application — Little Pine Creek II Restoration Project, Alleghany County (DMS
Design -Bid -Built Project)
Dear Ms. Higgins:
Attached for your review is 404/401 permit application package for the subject project. Another
copy has been sent to the Winston-Salem Regional Office for review. A memo for the permit
application fee is also included in the package. Please feel free to contact me with any questions
regarding this plan (919-707-8319).
Thank you very much for your assistance.
Sincerely
Lin Xu
Attachment: 404/401 Permit Application Package
Final Mitigation Plan
Permit Application Fee Memo
CD containing all electronic files
Stale of North Carolina I Environmental Quality l Mitigation Services
1652 Mail Service Center 1217 W. Jones Street, Suite 3000 1 Raleigh, NC 27609-1652
919 707 8976 T
""H 1 1 2016

Mitigation Services
ENVIRONMENTAL QUALITY
April 6, 2016
Corey Basinger, Surface Water Protection Supervisor
NC DEQ Winston-Salem Regional Office
450 West Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
PAT MCCRORY
G ., e„Io,
DONALD R. VAN DER VAART
Sea elm 1
Re: Permit Application — Little Pine Creek II Restoration Project, Alleghany County (DMS
Design -Bid -Built Project)
Dear Mr. Basinger:
Attached for your review is 404/401 permit application package for the subject project. Please
feel free to contact me with any questions regarding this plan (919-707-8319).
Thank you very much for your assistance.
Attachment: 404/401 Permit Application Package
Final Mitigation Plan
Cc: Karen Higgins
Sincerely
✓�Jr�s'
Lin Xu
State of North Carolina I Environmental Quality I Mitigation Services
1652 Mail Service Center 1 217 W. Jones Street, Suite 3000 1 Raleigh, NC 27609-1652
919 707 8976 T

aF INA LFq
h
o r
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the
®Section 404 Permit ❑Section 10 Permit
pESOU
gpE4g BUFF RPE,
Corps:
RMITT,NG
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?
❑ Yes
® No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1e.
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
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
❑ Yes
®No
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
❑ Yes
®No
below.
1h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
Little Pine Creek II Restoration Project
2b.
County:
Alleghany
2c.
Nearest municipality / town:
Sparta, 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:
1.) Robert & Glenn Murphy
2.) Clifford & Roberta Phillips
3.) Gregory & Melissa Walker
4.) Steven Walls
5.) Dewayne & Jennie Roberts
3b.
Deed Book and Page No.
1.) DB 00311 PG 0729
2.) DB 00305 PG 1046
3.) DB 00323 PG 0691
4.) DB 00307 PG 1022
5.) DB 00318 PG 1405
3c.
Responsible Party (for LLC if
applicable):
NCDEQ - Division of Mitigation Services
Contact: Tim Baumgartner, Deputy Director
3d.
Street address:
217 West Jones Street, Suite 3000A
3e.
City, state, zip:
Raleigh, NC 27603
3f.
Telephone no.:
919-707-8543
3g.
Fax no.:
919-707-8976
3h.
Email address:
[e-mail]
4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ® Other, specify: State agency
4b.
Name:
Tim Baumgartner
4c.
Business name
(if applicable):
NCDEQ- Division of Mitigation Services
4d.
Street address:
217 W. Jones 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. [e-mail]
5.
Agent/Consultant Information
(if applicable)
5a.
Name:
Christine Blackwelder
5b.
Business name
(if 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 x 102
5f.
Fax no.:
704-332-3306
5g.
Email address:
[e-mail]
B. Project Information and Prior Project History

1. Property Identification
PIN#'s
1.) 4010590582
1 a. Property identification no. (tax PIN or parcel ID):
2.)40105802023.)
4010788660
4.) 4010680637
5.) 4011504286
1b. Site coordinates (in decimal degrees):
Latitude: 36.506937° N/ Longitude: 80.987760 W
1c. Property size:
14.7 Acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Little Pine Creek
proposed project:
2b. Water Quality Classification of nearest receiving water:
Class C; Tr
2c. River basin:
New River Basin
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:
Land use within the Little Pine creek watershed is historically rural and dominated by agriculture and forest. Disturbed
areas within the watershed consist primarily of farm waste operations and tillage for new crop planting. There are no
signs of impending land use changes or development pressure that would impact the project in the Little Pine creek
watershed.
3b. List the total estimated acreage of all existing wetlands on the property:
5.62 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Approximately 4,464 linear feet (LF) of perennial channel within the project area.
3d. Explain the purpose of the proposed project:
The purpose of the project is to provide ecological enhancement and mitigate site water quality stressors that will benefit
the receiving waters in the New River Basin. This will primarily be achieved by creating functional and stable stream
channels, increasing and improving the interaction of stream hydrology with the riparian zone to in turn improve floodplain
habitat and ecological function, and enhancing and preserving existing wetlands along the stream reaches.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project involves the restoration and preservation of almost 4,464 LF of Little Pine Creek and several unnamed
tributaries. Stream restoration (Priority I & 11) will be achieved through natural channel design. 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. Wetland enhancement will be achieved through planting
native species. A conservation easement will be recorded on the project streams and corresponding riparian buffer. See
Section 8.0 of the mitigation plan for additional design information.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes [-I No El 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: Wildlands Engineering,
Name (if known): Ian Eckardt— Wildlands Eng.
Inc.
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
A Jurisdictional Determination was issued by Tasha Alexander of the USACE on October 28, 2015. A copy of the
approved Jurisdictional Determination is included in Appendix 2 (Action Id. SAW -2009-00591).

5. Project History
5a. Have permits or certifications been requested or obtained for
®yes
El No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
A 404 was granted in 2009, and the action ID for the project is 2009-00591. However, the project was redesigned in
2015 before construction.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes
® No
6b. If yes, explain.
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 - non404, other)
(acres)
Temporary T
W1 -Welland 1
Fill - stream
Palustrine
❑ Yes
® Corps
® P ❑ T
restoration
Forested
®No
® DWQ
0.04
W2 - Wetland 2A
Fill - stream
Palustrine
® Yes
® Corps
® P El
restoration
Forested
El No
® DWQ
0.41
W3 - Wetland 2B
Fill - stream
Palustrine
® Yes
® Corps
® P ❑ T
I restoration
Forested
❑ No
® DWQ
0.05
2g. Total wetland impacts
0.5
2h. Comments: Impacts to wetlands areas were avoided and minimized to the
extent possible during the design phase.
Permanent impacts include areas where restored channel alignments or substantial floodplain grading (typically 1' or more of
cut/fill) couldn't be avoided or in some cases necessary to fill ditches.
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.
3 b.
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)
)
S1 ❑ P ®T
Restoration
Little Pine Creek
® PER
❑ INT
® Corps
® DWQ
24
2,894
S2 ❑ P ® T
Restoration
Tributary A
® PER
El INT
® Corps
® DWQ
13.2
119
S3 ❑ P ®T
Restoration
Tributary B
® PER
E-1 INT
® Corps
®DWQ
14.3
50
S4 ❑ P ®T
Restoration
Tributary C
® PER
El INT
® Corps
® DWQ
13.7
299
3h. Total stream and tributary impacts
3,362
3i. Comments: Impacts are primarily temporary and restoration activities will result in an increase in resource function.

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 applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Tempo T
01 ❑P❑T
02 ❑P❑T
03 ❑P❑T
0. Total open water impacts
4g. Comments:
S. Pond or Lake Construction
If Pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
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 El 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?
61 ❑P❑T
El Yes
❑ No
B2 ❑ PEI T
El Yes
❑ No
B3 ❑ PEI T
El Yes
❑ No
6h. Total buffer impacts
6i. Comments:

D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1a.
Specifically describe measures taken 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. Impacts will be avoided along stable
project reaches designated for preservation. The design took into account project reaches that exhibit at least one
functional stream feature, such as bedform diversity, stable banks, or low bank. Proposed stream alignments for
restoration reaches were designed to avoid existing wetlands as much as possible and minimize grading impacts.
Unavoidable permanent wetland impacts include conversion from wetland to stream and excavation or fill for new
floodplain. The majority of unavoidable wetland impacts (0.5 acres) occur in Wetlands 1, 2A, and 2B, where stream
restoration is necessary to address unstable channels.
1b.
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
During construction, Priority I restoration will involve constructing offline channel sections. Newly constructed channel
banks will be stabilized using biodegradable coir fiber matting, seeded, and planted with native riparian species. During
construction a combination of culverts and mud mats will be utilized for temporary construction crossings. Wetland areas
inside the limits of disturbance will be flagged with safety fence during construction to avoid impacts beyond those
proposed with this submittal. This will be denoted in the final construction plans - Erosion and Sediment Control sheets,
details, and specifications. 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):
❑ DWQ ❑ Corps
❑ Mitigation bank
2c.
If yes, which mitigation option will be used for this
❑ Payment to in -lieu fee program
project?
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a.
Name of Mitigation Bank:
3b.
Credits Purchased (attach receipt and letter)
Type
Quantity
3c.
Comments:
4.
Complete if Making a Payment to In -lieu Fee Program
4a.
Approval letter from in -lieu fee program is attached.
❑ Yes
4b.
Stream mitigation requested:
linear feet
4c.
If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d.
Buffer mitigation requested (DWQ only):
square feet
4e.
Riparian wetland mitigation requested:
acres
4f.
Non -riparian wetland mitigation requested:
acres
4g.
Coastal (tidal) wetland mitigation requested:
acres
4h.
Comments:
5.
Complete if Using a Permittee Responsible Mitigation Plan

5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) —required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
61b. 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
60.
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:
69. 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:

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1a.
Does the project include or is it adjacent to protected riparian buffers identified
EI Yes ®No
within one of the NC Riparian Buffer Protection Rules?
1b.
If yes, then is a diffuse flow plan included? If no, explain why.
Comments: The project is located in the Cape Fear River Watershed (HUC
❑ Yes ❑ No
03030002) which isn't within one the NC Riparian Buffer Protection Rules.
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
0%
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why: This
project involves the restoration,
enhancement, and preservation of on-site jurisdictional stream channels, no increase
in impervious cover will result from
the construction of this project.
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan:
tified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
F00DWQ Stormwater Program
Q 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
❑ 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
4a.
Which of the following state -implemented stormwater management programs apply
❑ HQW
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5. DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.3 December 10, 2008 Version

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/state/local) funds or the
® Yes ❑ No
use of public (federal/state) land?
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
® Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
® Yes ❑ No
Comments: 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
El Yes No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
This is a stream restoration, and wetland 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 9 of 10
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?
El 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?
Correspondence with the USFWS is included in a file named as Little Pine II CE.pdf.
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?
Correspondence with the NCWRC is included in a file named as Little Pine II CE.pdf.
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?
Correspondence with the SHPO is included in a file named as Little Pine II CE.pdf.
6. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
✓``'"" � 77-m
Tim Baumgartner
Deputy Director, NCDEQ - DMS
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization letter from the applicant
is rovided.

NE
Mitigation Services
ENV I RONMENrAI QUAL I I Y
MEMORANDUM:
TO:
FROM:
SUBJECT:
DATE:
Sharon Jones
Lin Xu LX
Payment of Permit Fee
401 Permit Application
April 6, 2016
PAT MCCRORY
Gm rrna
DONALD R. VAN DER VAART
seg, r',"
,,r R 1 1 2Ci6
The Division of Mitigation Services (DMS) is implementing a mitigation project for
Little Pine Creek II Restoration Project in Alleghany County (DMS IMS # 856). The
activities associated with this restoration project involve stream and wetland restoration
related temporary stream and wetland impact. To conduct these activities the DMS
must submit a Pre -construction Notification (PCN) Form to the Division of Water
Resources (DWR) for review and approval. The DWR assesses a fee of $570.00 for
this review.
Please transfer $570.00 from DMS Fund # 2984, Account # 535120 to DWR as
payment for this review. If you have any questions concerning this matter I can be
reached at 919-707-8319. Thanks for your assistance.
cc: Karen Higgins, DWR
Cindy Perry, DMS
State of North Carolina I Environmental Quality l Mitigation Services
1652 Mail Service Center 1217 W. ]ones Stree6 Suite 3000 I Raleigh, NC 27609-1652
919 707 8976 T