Loading...
HomeMy WebLinkAbout20160216 Ver 1 _Request to re-issue _20160722Burdette, Jennifer a From: Burdette, Jennifer a Sent: Friday, July 22, 2016 1:26 PM To: Smith, Cherri L Cc: Williamson, Justin T Subject: FW: SAW -2009-00412 USACE Bank Stabilization Project INCOMPLETE NOTIFICATION Attachments: JORD Shoreline Stabilization PCN.pdf, Jordan Lake Bank Stabilization Worksheet.pdf Cherri, Since this is a change to the project resulting from the 404 review process, we can just re -issue the approval letter with the corrected open water impact. I'm not going to open a new version unless you need me to. I'll add this information to LF. Thanks, Jennifer Jennifer Burdette 401/Buffer Coordinator Division of Water Resources - 401 & Buffer Permitting Branch Department of Environmental Quality 919 807 6364 office jennifer.burdette@ncdenr.gov 1617 Mail Service Center Raleigh, NC 27699-1617 (Physical Address: 512 N. Salisbury St, Raleigh, NC 27604 - 9th Flr Archdale Bldg - Room 942F) Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Williamson, Justin T Sent: Friday, July 22, 2016 12:58 PM To: Burdette, Jennifer a <Jennifer.Burdette@ncdenr.gov> Subject: FW: SAW -2009-00412 USACE Bank Stabilization Project INCOMPLETE NOTIFICATION Jennifer - Is there anything else that I need to do with this? Water Quality Certification # 16-0619 Chatham County. Please see below. Thanks Justin 1 -----Original Message - From: Smith, Cherri L Sent: Friday, July 22, 2016 12:42 PM To: Williamson, Justin T <justin.williamson@ncparks.gov> Subject: RE: SAW -2009-00412 USACE Bank Stabilization Project INCOMPLETE NOTIFICATION Justin, If you could submit this additional information to the Central Office that would be great. Thank you. Cherri -----Original Message ----- From: Williamson, Justin T Sent: Friday, July 22, 2016 7:55 AM To: Williams, Andrew E SAW <Andrew.E.Williams2@usace.army.mil> Cc: Smith, Cherri L <cherri.smith@ncdenr.gov> Subject: RE: SAW -2009-00412 USACE Bank Stabilization Project INCOMPLETE NOTIFICATION Andrew - Please see updated PCN and worksheet to reflect the maintenance impacts associated with this project. The maintenance sites are ones that were previously stabilized by USACE, however they need additional rip rap added as they have failed in some locations. We do not anticipate having to add much stone to these sites, and it would be difficult to calculate the exact volume as we are simply plugging holes where the rip rap has failed. Please note I have calculated the additional open water impacts and it reflects .7 acres of open water impacts, instead of the .55. The buffer impacts will remain the same as maintenance sites were previously disturbed, however because of the additional impacts to water quality I will submit the changes to DWR. Cheri - Do you need any additional information from me to reflect changes to the water quality certification that was issued to us? Attached are some pictures from Parkers Creek and Poplar Point that were taken in 2009. These sites have only gotten worse. Please let me know if you need anything else. Thank You. Justin Williamson -----Original Message ----- From: Williams, Andrew E SAW [mailto:Andrew.E.Williams2@usace.army.mil] Sent: Thursday, July 21, 2016 3:45 PM To: Williamson, Justin T <justin.williamson@ncparks.gov> Cc: Smith, Cherri L <cherri.smith@ncdenr.gov>, Williams, Andrew E SAW <Andrew.E.Williams2@usace.army.mil> Subject: SAW -2009-00412 USACE Bank Stabilization Project INCOMPLETE NOTIFICATION Justin, Attached is an incomplete notification for this project. Please let me know if you have any questions. Thanks. Andrew Williams Regulatory Project Manager US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 919-554-4884 ex. 26 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version Pre -Construction Notification PCN Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 13 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 ❑ 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 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Jordan Lake State Recreation Area Shoreline Stabilization 2b. County: Chatham 2c. Nearest municipality / town: Pittsboro 2d. Subdivision name: n/a 2e. NCDOT only, T.I.P. or state project no: n/a 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: Justin Williamson 4c. Business name (if applicable): NCDNCR / Division of Parks and Recreation 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 1a. Property identification no. (tax PIN or parcel ID): n/a 1 b. Site coordinates (in decimal degrees): Latitude: 35.732625 Longitude: - 79.01716 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 4558 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Jordan Lake proposed project: 2b. Water Quality Classification of nearest receiving water: WS -IV; B; NSW, CA 2c. River basin: Cape Fear 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 land is used for recreational purposes and is managed by The State of North Carolina. Specifically the areas that are involved for this project are used for camping. The shoreline is eroding and is in danger of absorbing campsites and infrastructure. 3b. List the total estimated acreage of all existing wetlands on the property: 220 acres per NWI GIS Mapping. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 35,300 linear feet per USGS GIS Stream Mapping 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to stabilize the banks of Jordan Lake where erosion is putting campsites and park infrastructure in jeopardy. 3e. Describe the overall project in detail, including the type of equipment to be used: The proposed project will stabilize lake shoreline at selected sites in the Parkers Creek and Poplar Point areas of Jordan Lake State Park. Stabilization will be achieved through some grading with heavy equipment and installation of rip -rap. Work will be completed by park staff with the goal of protecting the shoreline and minimizing impacts below the high water mark of the lake. Equipment to be used include backhoe, dump truck, bobcat, potentially a crane and hand tools. Grading will be completed with the purpose of allowing for a place where rip rap will be stationed and not wash away. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / El Yes E] No ®Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type El Preliminary El 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. This project was permitted in February 2011, however the majority of the project was not completed. This submittal has narrowed the scope of the project and limited the amount on sites to ones that are funded. The action ID number for the original permit is: 200900412 Chatham County. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 4 of 11 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ❑ Streams - tributaries ® Buffers ® Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T 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 ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 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 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. 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 Temporary T 01 ® P ❑ T Jordan Lake Bank Stabilization Lake .73 acres 02 ❑P❑T 03 ❑P❑T 04 ❑P❑T 4f. Total open water impacts .73 acres 4g. Comments: Please see calculations sheet attached. Maintenance only sites have previously been stabilized by USACE, however some sites need additional rip rap where it has been washed away. The goal on these sites is not to increase footprint, but to simply fill in areas that have been impacted to get them back to where USACE had originally placed material. 5. Pond or Lake Construction If pond or lake construction proposed, then com Tete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose of (acres) number 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: Page 6 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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: Jordan Lake Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason for Buffer Zone 1 impact Zone 2 impact Permanent (P) impact Stream name mitigation (square feet) (square feet) or Temporary required? T B1 ®P ❑ T StaBazation nk Jordan Lake ®Nos 21800 B2 ❑ P ❑ T ❑ Yes ❑ No B3 ❑ P ❑ T ❑ Yes ❑ No 6h. Total buffer impacts 21800 6i. Comments: Impacts considered are installing rip rap and some minor grading. Vegetation removal should be minor and limited to understory species as the larger trees are acting as shoreline stabilization. D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Minimal vegetation removal and grading only what is necessary to stabilize the banks. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The majority of these sites are accessible to machines through impacts already associated with infrastructure. Heavy equipment will not be permitted in the lake. Hand tools will be used wherever applicable. 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 project? ❑ Payment 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 Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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 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 ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ 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 letter.) ❑ Yes ❑ No 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. 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 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? E] 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? NC Natural Heritage Program GIS data 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? NC State Historic Preservation Office GIS Mapper 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: There will be no structures built. No material will be removed from the site. Only minor soil disturbance with riprap added to shoreline. 8c. What source(s) did you use to make the floodplain determination? FEMA GIS Floodplain Data Justin Williamson/ NC DPR 7/22/16 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version Jordan Lake Bank Stabilization Worksheet Parkers Creek Sites Linear Ft. Width of Impact Total Sq. Ft. Impact 58-64 450 10 4500 71-75 350 10 3500 77-86 525 10 5250 Poplar Point Sites Linear Ft. Width of Impact B13 25 10 250 B15 50 20 1000 B16 25 10 250 B45 25 10 250 B48 25 10 250 B55 60 10 600 B57-60 125 10 1250 H57 50 10 500 J29 50 20 1000 J30 60 10 600 J31 20 20 400 J32 20 20 400 J33 20 20 400 J57 50 20 1000 J60 20 20 400 E38,40,41,44,50,51,54,58 *Maintenance Only Total Buffer Impacts 21800 Total Impacts Zone 1 21800 Total Impacts Zone 2 0 Maintenance Sites Linear Ft. Width of Impact Total Sq. Ft. Impact E38 50 20 1000 E40 50 20 1000 E41 50 20 1000 E44 50 20 1000 E50 60 20 1200 E51 60 20 1200 E54 60 20 1200 E58 60 20 1200 Total Maintenance Impacts 9800