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HomeMy WebLinkAbout20061760 Ver 1_More Info Received_20061121Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. ~ ~ - ~'1 to d (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing II. 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 27 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management of Environmental Concern (see the top of page 2 for further details), check here. ~ ,~.~~.~, ~~ Applicant Information ~~~' -1~~b 1. Owner/Applicant Information `.~ ~ a ~~e~c~i Name: Mid-Atlantic Mitigation, LLC (Richard K. Mo ~oazh~ Mailing Address: 9301 Aviation Boulevard ``~ Suite CE-1 Concord NC 28027 Telephone Number: (,704) 782-4133 Fax Number: (704) 782-4148 E-mail Address: RichMo eg nsen(a,EarthMark.us 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Tommy Cousins Company Affiliation: Kimley-Horn and Associates Mailing Address: 4651 Charlotte Park Drive Suite 300 Charlotte NC 28217 Telephone Number: (704) 333-5131 Fax Number: (704) 333-0485 E-mail Address: tommy.cousins e kimlep-horn.com Updated 11/1/2005 Page 1 of 9 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Stricker Branch Stream Restoration Site 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 5620293530, 5620380241, 5620177920 4. Location County: Cabarrus Nearest Town: Concord Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From Interstate 85, take the Hwy 29 exit going south for 3.1 miles. Turn left on to McGill Avenue and trave10.4 miles to the project site, which will be on the right. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.4124 °N 80.6038 °W 6. Property size (acres): The Stricker Branch conservation easement will be 7.7 acres. 7. Name of nearest receiving body of water: Irish Buffalo Creek (DWQ Index 13-17-9-(2)) 8. River Basin: Catawba (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) '9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The upper portion of the site consists of an on-line pond and impounds approximately 750 linear feet of channel. This was the water source for a former textile mill which is planned for re-development for amulti-use commercial and retail area. Updated 11/1/2005 Page 2 of 9 The outlet of the pond is a concrete spillway, and immediately downstream of the spillway the stream runs parallel to the dam to tie back into the original stream channel. This relocated section of stream is entrenched with highly eroded with vertical banks approximate)~10' high, and minimal to no woody vegetation.. 10. Describe the overall project in detail, including the type of equipment to be used: The design approach calls for removal of the dam structure and stream restoration of the channel utilizing natural channel techniques and re-establishment of the riparian buffer. This will be accomplished in phases. The first phase, and the extent of the impacts proposed for this Nationwide Permit, will be to drain the pond using_a small track hoe to incrementally remove the dam to slowly release the water downstream. The concrete spillway will be removed and disposed of offsite. The section of stream at the outlet of the pond will be restored with rg ade control structures added to dissipate energy as the pond is drained to the design elevation. Phase II, the extent of impacts to be modified to this Nationwide Permit at a future date, will include the restoration of the remainder of the stream through the project area, including the re-establishment of the riparian buffer. The attached figures show the proposed step-pool feature stream restoration segment. Phase II stream restoration design will be provided for review and comment for application of a modification of this permit at a later date. 11. Explain the purpose of the proposed work: Removing the dam and establishing a permanent grade control at the dam location as the first stemstowards implementing a stream restoration project through the project area. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. No permits have been applied for or received. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. It is anticipated that the entire project can be completed under a Nationwide 27, therefore no future permits will be applied for. However, once design of the upstream and downstream segments (Phase II) are available, it is anticipated that the NWP 27 will be modified to include the additional stream length proposed for restoration. Updated 11/1/2005 Page 3 of 9 VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Phase I will be to remove the pond dam to establish a permanent grade control at the elevation of the existing_pond bottom.. The Phase I channel segment will be filled and a new channel with appropriate dimension, will be created through the step pool structure. Phase II permit modification application will be submitted when the pond is drained and design can be completed for the remainder of channel restoration. Phase I activities will occur in the area of the dam and downstream for construction of the step-pool grade control. Phase II activities within the area of the pond and upstream/downstream stream segments will be addressed during Phase II desi subsequent permitting coordination. All impacts listed below are for Phase I only. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Floodplain Nearest Stream Impact (acres) (indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet) NA Total Wetland Impact (acres) 0 3. List the total acreage (estimated) of all existing wetlands on the property: 0 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43.560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact (indicate on Before Impact (linear feet) (acres) Updated 11/1/2005 Page 4 of 9 map) 1 UT to Irish Buff Creek Fill old channel Perennial 10' 220 0.05 Total Stream Impact (by length and acreage) 220 0.05 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on ma) ocean, etc.) (acres) NA Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.05 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.05 Total Stream Impact (linear feet): 220 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. N/A 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Updated 11/1/2005 Page 5 of 9 Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The proposed impact is necessary in order to establish a permanent grade control for the restored stream in the area of the dam to be removed. The pond dam will be removed in stages over the course of several days to avoid flooding downstream. App~riate sediment and erosion control measures will be taken throughout the construction of the stream. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USAGE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at httn://h2o. enr.state.nc.us/ncwetlands/strm~ide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a Updated 11/1/2005 Page 6 of 9 description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The restoration project will provide for compensatory mitigation credits throw Ecosystem Enhancement Program. The project is a "Full-Delivery" stream miti atg ion project being built under contract to NCEEP. The Restoration Plan will be submitted once it has been approved by NCEEP. (Prior to Phase II work) 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount ofNon-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ^ 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Updated 11/1/2005 Page 7 of 9 Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact I Multi lier Required i..,..,.,..., c o~~ p r,r:«:,..,«:,,,, 1 I 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss Stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. N/A XII. Sewage Disposal (required by DWQ) 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 XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Updated 11/1/2005 Page 8 of 9 Isthis anafter-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The restoration area will be placed under a permanent conservation easement to maintain the natural ecosystem in perpetuity and restrict any future development within the easement area.. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). *Before the design for the entire stream can be completed, the inline pond must be drained to assess and survey the bed of the pond. In order to drain the pond, a portion of the channel downstream of the dam needs to be stabilized and an appropriate sinuosity formed. This ~~lication is intended to serve the entire stream restoration project, however a permit to complete the work described as Phase I is requested at this time. Once the pond is drained, plans for Phase II can be completed and a permit modification for Phase II will be requested. *There are no wetlands currently within the proposed easement area, however once the pond is drained, it is anticipated that wetlands may establish in portions of the old pond bed. Potential wetland areas within the project area will be planted with native wetland vegetation as part of the stream restoration project. No wetland mitigation credit through the Ecosystem Enhancement Program will be sou>;ht. II-l~-v6 Applicant/Agent's ignature Date (Agent's signature is valid ly if an authorization letter from the applicant is provided.) Updated 11/1/2005 Page 9 of 9 nn< ~ awc anwE f-----1 SECTION A-A $IEe PQOL S1AUC?la ~' ~. se rr IAOrIL rnr a~ri.r ir-n~. vn,oa.a. ~ m~ .nd i ,.wrc.., me amt .»ha ~ M N~odab., Mc rhdl b~ rMAM uub,9ly (o pm~q-Hon aq Nu~p~K y~ PLAN .w ba wap . ~ ~,.~,~~ ~m~~ *, ~i rm SECTI ON B-B "°"°"°' ~ ~:.m ~~ ~~ llAlf A nIIBR A b0! 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Cabatrus County, North Carolina Date Project Number Figure 10/23/06 018285002 1 P:\OIH2850(Y1 Shickcr F3ranch\Permils\Figun;s\Figures.doc Pvepared by Tommy Cousins l: s~~ mwmnk y~ `~rxP'$8 wec U ~ ~ 4 ~: ~ _ - ~ _ i f~ ~ t ~:~ _ " t~ ~ _ .~ ~ 1 ti ~ .. _ e~ - .~ i , ~ ~~ ~ti#~~ ~y~ ~. f • r aY i - ~ ~ ~ ~~ ' A_ + ", i e °'~ '_1..`~~' ~ x ~ ,~>. ~•` '~ ';•' r .. ~ .. ~ 'p'ig'. ~° ` c "~l ? ~ .rte ~" ~ n~l . ~ ' :~ . > ,. + `~ Y I~ . ~ - to a ~~ ~ •.F~ - ~ ~.. r , \ A ~ ,- , .. ~ ~ ~ i i x '4. .a t1t ~ ' r • , ~ .~y y a ~ ~ ~ 7 y . tO~ ~ - ~.t` - ~ ~.. ~~~~ ~z ~ 3y e € _ ; ~ ~,Y ~ 7 ~ ~ , ~ ' . ~ ~ ~ '.. ~ ~ ~ >k ~ , ~- ~ , ~ Ct e~ fit`. # 3 i ~ , ~~ _ k ~ ~ ~ ~~ ~ d ~ aF~ P ~.. xt r ~ ,~ .. "~ ~: 4 ¢~ ~ ~ ~ ~. ,~ o , Legend ~ -~ ~ ~~. ~ ~ ,~ . ~ _ _, Conservation Easement ~, ~, 'iE ~r~ ~ ~`~ ~;~.~ ~ ~ ~ DWQ Mapped Streams _ - ~._ Title Site Aerial (2001) Project Stricken Branch Stream Restoration Cabarrus County, North Carolina Prepared For. Date Project Number Figure 10/23/06 018285002 2 P:\018285002 Stricken Branch\Permits\FigureslFigures.doc Prepared by Tommy Cousins ~~~ sn~imea er ~ ~ ~~~ ~3. ~ ,' A y .~i" ! 1 +~~1 a ~ ~ ~ s #. Q ~ p~,,~ .a. ~v i ~ y~ ~.1 ~ ~A e ' k r ~. _ T ~ i~, yy' a 9 1 ; ++ . a ~ f.~~ ~y. ~ ,rye 1~ ~~ y~ ~ ~~ Stream Impac !! 4w ,. E t 1 '' .4 ~ ~" ~ b • '?~ ~ r ~F *~" ..y ~ ~ r ~'. ~ .<' ~ i.. ~ ~ s ~ ~ ~ '4 ~t 5 ? ~ ~ ` ~ ~' ~°. c. ~ a~ y pLk.. "R! i~~ ~ ~1' ~ ' r ..~, ~' , ~ tY.,' ~ ° .nom : ~ ~ ~ ~ 1 ` + ;~ M~ r y _ ~ _ a V ~ ~ ~ ~~ $1 ~~q ~` d6 ' ~~ ~ k ~ Legend ,~. ~~ '"~~ ~ , .~ _9 Conservation Easement ~ ~ ~ New Stream Channel - ~ Backfill Old Channel ~`, ~~ y.i" +~ ~` ~~ ~, „-•'~ ; Ci//A Remove Portion of Dam and Concrete Spillway ~ ~ " ;~ Step Pool Structure + °~ ;, ~, ~..~_.._ ~~ " t....~.--.- 1 ~~ Feet ; Title Phase I: Dam Removal and Outlet Stabilization Prepared For: Project Stricker Branch Stream Restoration Cabarrus County, North Carolina Date Project Number Figure 10/23/06 018285002 3 P:lO18285002 Snicker BtanchiPetmnslFigureslFigures.dce Prepared by Tommy Cousins {:~~ .~a +k