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HomeMy WebLinkAbout20140334 Ver 1_Application_20160329DECEIVED o�oF W a rFRQ� MAR 2 3 2016 � r o ~r d : V Of= 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. Page 12 of 14 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