HomeMy WebLinkAbout20140334 Ver 1_Application_20160329DECEIVED
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MfTIGATfON SERVICES
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
Corps:
F[D Section 404 Permit E] Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: No. 27 or General Permit (GP) number:
1 c. 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 1h
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:
Candy Creek Mitigation Site
2b. County:
Guilford
2c. Nearest municipality / town:
Monticello, NC
2d. Subdivision name:
N/A
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
�i
1.) Barbara & Bamidele Aniylkaiye
2.) Nancy Bray,
3.) Darin W. & Tamela P. Carr
4.) Bruce H. & Margie L. Chrismon
5.) Elmo Chrismon
3a. Name(s) on Recorded Deed:
6.) Herbert W. & Marjorie S. Hopkins
7.) Bryan D. Hopkins
8.) Jefferson Todd & Mary Ann Hopkins
9.) Joe W. & Lisa R. Hopkins
10.) Robert K. Thacker
11.) David G. Wagoner Sr.
1.) DB 6507 PN 2573
2.) DB 4552 PN 2029
3.) DB 7499 PN 1138
4.) DB 6156 PN 1053
5.) DB 101 PN 488
3b. Deed Book and Page No.
6.) DB 3654 PN 306
7.) DB 1826 PN 75
18.) DB 3557 PN 282
9.) DB 3502 PN 1633
10.) DB 5891 PN 1013
11.) DB 3728 PN 1496, DB 3222 PN 646, DB 3222 PN 644
3c. Responsible Party (for LLC if
NCDEQ - Division of Mitigation Services
applicable):
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: ` Tim. Baumgartner@ncdenr.gov
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ® Other, specify: State agency
4b. Name:
Tim Baumgartner
NCDEQ- Division of Mitigation Services
4c. Business name
(if applicable):
217 W. Jones St, Suite 3000A
Raleigh, NC 27603
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
919-707-8543
919-707-8976
4g. Fax no.:
4h. Email address:
Tim. Baumgartner@ncdenr.gov
5. Agent/Consultant Information
(if applicable)
Ian Eckardt
Wildlands Engineering, Inc.
5a. Name:
5b. Business name
(if applicable):
1430 South Mint Street, Suite 104
Charlotte, NC 28203
704-332-7754
704-332-3306
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
ieckardt@wildlandseng.com
B. Project Information and Prior Project History
1. Property Identification
PIN#'s
1.) 8900368021
2.) 8900502413
3.) 8900523123
4.) 8900447926
1a. Property identification no. (tax PIN or parcel ID):
5.) 8900552557
6.) 8900533395
7.) 8900515378
8.) 8900482030, 8900476144, 8900538916, 8900466427
9.) 8900428870
10.) 8900453431
11.) 8900403874, 8900497477
Upstream Project Limits:
1b. Site coordinates (in decimal degrees):
Latitude: 36.224242° N/ Longitude: 79.660497° W
Downstream Project Limits:
Latitude: 36.244372° N/ Longitude: 79.664017° W
1c. Property size:
Final protected easement acreage will be 61.5 Acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Candy Creek
proposed project:
2b. Water Quality Classification of nearest receiving water:
Class WS -V; NSW
2c. River basin:
Cape Fear: 03030002
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 is located within a rural watershed in northern Guilford County, NC. Land use in and
immediate adjacent to the project area is primarily a mix of open agriculture fields and forest. The agricultural fields are
used for livestock grazing and row crops. A small amount of adjacent land use is also used for low density rural
residential.
3b.
List the total estimated acreage of all existing wetlands on the property: I
Approximately 2.18 acres of wetlands and two farm ponds totaling 0.99 acres within or immediately adjacent to the
project area.
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: i
Approximately 21,527 linear feet (LF) of intermittent and 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 Cape Fear 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 restoring a Piedmont Bottomland Forest community along the stream reaches within
open pastures.
3e.
Describe the overall project in detail, including the type of equipment to be used:
The project involves the restoration, enhancement, and preservation of almost 20,000 LF of Candy Creek and several
unnamed tributaries. Stream enhancement (Enhancement I & Enhancement 11) and restoration (Priority I & II) will be
achieved through natural channel design. Enhancement I will include minor realignment of channel pattern, excavation of
bankfull benches, bank stabilization, habitat improvement through the installation of instream structures, fencing out cattle,
and planting of a native riparian buffer as appropriate. Enhancement II will involve spot stabilization measures including
bank grading, instream structures, fencing out cattle, and planting of native riparian buffer as appropriate. 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. A conservation easement will be
recorded on the project streams and corresponding riparian buffer. See Section 9.3 of the mitigation plan for additional
design information.
—s
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property / ® Yes ❑ No ❑ 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?
Agency/Consultant Company: Wildlands Engineering,
4c.
If yes, who delineated the jurisdictional areas?
Inc.
Name (if known): Ian Eckardt– Wildlands Eng.
Other:
4d.
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
A Jurisdictional Determination was issued by David Bailey of the USACE on June 10, 2015. A copy of the approved
Jurisdictional Determination is included in Appendix 3 (Action Id. SAW -2015-01209).
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.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ® No
6b.
Y
If yes, explain. Y
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)
W1 — Wetland C
®P❑T
W2 — Wetland E
❑P®T
W1 — Wetland F
❑P®T
W2 — Wetland G
®P❑T
W2 — Wetland G
❑P®T
W2 — Wetland H
®P❑T
W2 — Wetland Q
®P❑T
W2 — Wetland Q
®P❑T
W2 — Wetland R
®P❑T
W2 — Wetland U
®P❑T
W2 — Wetland V
®P❑T
W2 — Wetland V
®P❑T
W2 — Wetland Y
®P❑T
W2 — Wetland Z
®P❑T
W2 — Wetland AA
®P❑T
W2 — Wetland CC
®POT
W2 — Wetland DD
®P❑T
W2 — Wetland FF
®P❑T
W2 — Wetland KK
®P❑T
Filling ditched
portion of wetland
Minor fill for
floodplain grading
Minor fill for
floodplain grading
Filling ditched
portion of wetland
Minor grading to
removal adjacent
berm
Fill — stream
restoration
Fill — stream
restoration
Fill — floodplain
grading
Fill — floodplain
grading
Fill — floodplain
grading
Fill — stream
restoration
Fill — floodplain
grading
Fill — floodplain
grading
Fill — floodplain
grading
Fill — floodplain
grading
Fill — floodplain
grading
Fill — crossing
approach &
floodplain grading
Fill — floodplain
grading
Fill — floodplain
grading
Bottomland
❑ Yes
Hardwood Forest
® No
Bottomland
❑ Yes
Hardwood Forest
® No
Bottomland
❑ Yes
Hardwood Forest
® No
Bottomland
❑ Yes
Hardwood Forest
® No
Bottomland ❑ Yes
Hardwood Forest I ® No
Bottomland
Hardwood Forest
Headwater forest
Headwater forest
Headwater forest
Seep
Bottomland
Hardwood Forest
Bottomland
Hardwood Forest
Headwater forest
Bottomland
Hardwood Forest
Headwater forest
Headwater forest
Headwater forest
Headwater forest
Bottomland
Hardwood Forest
Q9 Yes
❑ No
❑ Yes
❑ No
❑ Yes
® No
❑ Yes
® No
❑ Yes
® No
❑ Yes
® No
❑ Yes
® No
® Yes
❑ No
® Yes
❑ No
® Yes
❑ No
❑ Yes
® No
® Yes
❑ No
U Yes
® No
❑ Yes
® No
W2 — Wetland MM
Fill —floodplain Bottomland
El Yes
ZCarps
0.08
®P [—] T
grading Hardwood Forest
® No
❑ DWQ
2g. Total wetland impacts 0.341
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. The majority of permanent impacts (0.24 acres) occur to
Wetland Q, V and MM which are heavily impacted by cattle grazing. Permanent impacts will be offset by vernal pool creation
within portions of the existing channels to be backfilled.
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. 39•
I ! Average Impact
Stream impact Type of impact Stream name Perennial Type of jurisdiction
number - i (PER) or (Corps - 404, 10 stream length
Permanent {P) or intermittent DWQ — non -404, width (linear
`
Temporary (T) (INT)? other) (feet) feet)
S1 []PUT
Restoration
Candy Creek —
Reaches 1A— 1C
® PER
❑ INT
® Corps
® DWQ
8-9
3,139
S2 []POT
Restoration
Candy Creek —
Reach 2A & 2B
® PER
❑ INT
® Corps
® DWQ
18--19
2,106
S3 ❑ P ® T
Enhancement I
Candy Creek —
Reach 3
® PER
❑ INT
® Corps
® DWQ
15-18
726
S4 ❑ P ® T
Enhancement II
Candy Creek —
Reach 3
® PER
❑ INT
® Corps
® DWQ
15-18
1,575
S5 [:]POT
Restoration
Candy Creek -
Reach 4A & 4B
® PER
❑ INT
Corps
® DWQ
11-14
3,375
S6 ®P ❑ T
Culvert
Candy Creek -
Reach 4
® PER
❑ INT
® Corps
® DWQ
11-14
26
S7 ❑ P ® T
Restoration
UT1 C - Reach 1
PER
❑ INT
® Corps
❑ DWQ
6
561
S8 ❑ P ® T
Restoration
UT1 D
❑ PER
® INT
❑ Corps
® DWQ
6
436
S9 ❑ P ®T Enhancement I
UT2- Reach 1A
PER
❑ INT
Corps
® DWQ
3.7
445
S10 ❑ P ® T
Restoration
UT2 - Reach 1A
❑ PER
❑ INT
® Corps
ZI DWQ
3-7
244
S11 ®P ❑ T
Culvert
UT2 - Reach 1A
® PER
❑ INT
® Corps
® DWQ
3-7
27
S12 ❑ P ®T
Restoration
UT2 - Reach 1 B
® PER
❑ INT
❑ Corps
® DWQ
5
190
S13 ❑ P ®T
Enhancement I
UT2 - Reach 2
® PER
❑ INT
® Corps
® DWQ
5
720
S14 ❑ P ® T
Enhancement I
UT2A
® PER
❑ INT
® Corps
® DWQ
3
376
S15 ❑ P ®T
Enhancement II
UT2B
® PER
El INT
® Corps
®DWQ
4-6
702
S16 ❑ P ®T
Restoration
UT3 - Reach 2
® PER
❑ INT
® Corps
® DWQ
6
729
S17 ❑ P ®T
Restoration
UT4
® PER
❑ INT
® Corps
DWQ
g
1,270
S18 ❑ P ®T
Restoration
UT5 — Reach 2
® PER
❑ INT
® Corps
® DWQ
10
1,289
S19 ❑ P ®T
Ford Crossing
UT5A
® PER Zi Corps
❑ INT I ® DWQ
2-3
16
S20 ❑ P ® T
Fill for floodplain
grading and
S1
El PER
® Corps
3
33
vernal pool
®INT
®DWQ
S21 ® P ❑ T
Filled for
restoration of
S2
❑ PER
® Corps
2
30
Candy Creek
®INT
®DWQ
S22 ❑ P ® T
Filled for
floodplain grading
S3
® PER
® Corps
2
51
and vernal pool
INT
®DWQ
Filled for
S23 ❑ P ❑ T
restoration of UT4
S5
❑ PER
® Corps
3
275
and floodplain
® INT
® DWQ
grading
S24 [IP ®T
Filled for flooplain
grading and
S6
® PER
® Corps
3
101
vernal pool
INT
®DWQ
3h. Total stream and tributary impacts
1 18,442
3i. Comments: Impacts are primarily temporary enhancement and restoration activities and will result in an increase in resource
function. UT1 Reaches 2 & 4 involve Enhancement I (EI) and II (El I) techniques. EI includes minor stream alignment adjustments,
floodplain benching, bank stabilization and habitat improvement through instream structures. Ell involves spot stabilization to
address discrete occurrences of bed and bank instability. Ell also includes minimal in -stream structures in addition to invasive
treatment and cattle exclusion.
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
Pond 1
Restoration
Pond
0.20
02 ®P ❑ T
Pond 2
Restoration
Pond
0.79
03 ❑ PEI T
0. Total open water impacts
0.99
4g. Comments: Channels will be restored through the ponds once they are drained and filled.
5. 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
❑Tar -Pamlico El 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 E] No
B2 ❑P❑T
❑Yes
❑ No
B3 ❑ P ❑ T
❑ 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. Enhancement approaches will be used
instead of restoration along these reaches to preserve the functional feature in addition to avoiding large scale tree lose.
The project design focused on avoiding and minimizing wetland impacts as much as possible. 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 (0.24 acres) occur in Wetlands Q, V, and MM where stream
restoration is necessary to address unstable channels heavily impacted by cattle grazing. Wetland Q is located in the bed
of an old breached farm pond. Wetland V is located on the trampled eastern edge of Pond 2. Wetland MM is located in
the actively grazed right floodplain of Candy Creek Reach 4.
1 b. 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
project?
El 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
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
f 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
76a. i the he project result in an impact within a protected riparian buffer that requires ❑ Yes ® No
i buffer mitigation?
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.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
f Zone 2 1.5 1
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:
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.
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:
❑ 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?
❑ 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:
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 11 of 14
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)?
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 ❑ 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, enhancement, and preservation 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.
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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
® es YNo
❑
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
® Raleigh
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Utilized the U.S. Fish and Wildlife Service (USFWS) database in order to identify federally listed Threatened and
Endangered plant and animal species for Guildford County, NC. There are two federal protected species listed for
Guilford County including the bald eagle (Haliaeetus leucocephalus) and small whorled pogonia (Isotria medeo/oides). A
pedestrian conducted on 9/26/13 indicated the site had no potential habitat for bald eagle. Potential habitat for the small
whorled pogonia was present within forested portions of the site where cattle access is restricted but no individual plants
were observed. Review and comment from the USFWS was requested on 2/27/14 on potential project impacts to
threatened and endangered species. On 4/4/14 the USFWS commented that "the proposed action is not likely to
adversely affect any federally -listed endangered or threatened speices, their formally designated habitat, or species
currently proposed for listing." Correspondence with the USFWS is included in Appendix 7 of the mitigation plan.
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?
The NC Wildlife Resource Commission (NCWRC) was contacted for comment related to fish and wildlife issues
associated with the proposed stream mitigation project. The NCWRC responded on 3/14/14 and didn't anticipate the
project to result in significant adverse impacts to aquatic or terrestrial wildlife resources (see correspondence in Appendix
7 of the mitigation plan).
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?
The NC State Historic Preservation Office (SHPO) was contacted regarding the presence historic properties or cultural
resources within the project area. SHPO responded on 3/24/14 and stated they were aware of no historic resources that
would be affected by the project (see correspondence in Appendix 7 of the mitigation plan).
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: The Candy Creek project area is NOT within a Special Flood
Hazard Area (SFHA) on Guilford County Flood Insurance Rate Map Panel 8900. The nearest mapped FEMA floodplain is
approximately 500 linear feet downstream of the project limits.
8c. What source(s) did you use to make the floodplain determination? FIRM Panel 8788 and 8879
Tim Baumgartner
Deputy Director, NCDEQ - DMS
Applicant/Agent's Printed Name
v, •;. Tom, ar�n,er
Applicant,'Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided,)
31--4//�
Date