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HomeMy WebLinkAbout20150712 Ver 1_More Info Received_20160825w A r�9Qc 7 ■ Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 15 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: 27 or General Permit (GP) number: n/a 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1 d. 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 1e. 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 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Little Buck Creek Dam Decommissioning and Stream Improvements Project 2b. County: Clay 2c. Nearest municipality / town: Hayesville, NC 2d. Subdivision name: USDA Forest Service, Tusquitee Ranger District 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: USDA Forest Service 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): Kristin Bail 3d. Street address: 160 Zillicoa Street, Suite A 3e. City, state, zip: Asheville, NC 28801 3f. Telephone no.: 828-257-4269 3g. Fax no.: 828-259-0584 3h. Email address: kmbail@fs.fed.us Page 1 of 15 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ❑ Other, specify: 4b. Name: Brady Dodd 4c. Business name (if applicable): USDA Forest Service, Hydrologist 4d. Street address: 160 Zillicoa Street, Suite A 4e. City, state, zip: Asheville, NC 28801 4f. Telephone no.: (828) 257-4214 4g. Fax no.: (828) 257-4874 4h. Email address: bdodd aefs.fed.us 5. Agent/Consultant Information (if applicable) v 5a. Name: 5b. Business name (if applicable): 5c. _ Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 15 B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): USDA Forest Service, National Forest in NC, Tusquitee R. D. 1 b. Site coordinates (in decimal degrees): - if you can't get these, just include a very good vicinity map Latitude: 35.0604 Longitude: - 83.5721 1 c. Property size: 755,200 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Little Buck Creek, Buck Creek 2b. Water Quality Classification of nearest receiving water: C; Tr; ORW 2c. River basin: map is available at http://h2o.enr.state.nc.us/admin/maps/ Little Tennessee River Basin Page 3 of 15 PCN Form — Version 1.3 December 10, 2008 Version 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: Site A: The earthen dam is located on National Forest System lands in. Clay County, North Carolina, approximately 9 miles northeast of the town of Hayesville, NC, This action will restore natural drainage patterns in the Little Buck Creek drainage; a state identified Outstanding Resource Water. The existing pond was created by the previous land owners for private use. The earthen dam impounded approximately 0.6 acre of Little Buck Creek in its headwaters. Site B: An existing log check dam within Little Buck Creek has caused severe stream bank erosion and channel widening. The log was installed at an elevation that is too high; therefore, it causes the stream channel to be too wide and shallow. The site is located adjacent to a dispersed camp site and immediately downstream of Forest Service Road 71. Site C: A section of Forest Service Road 350A is located in close proximity to Buck Creek. Due to steep terrain adjacent to the road, the road cannot be relocated away from the stream. Stream bank erosion is occurring at this site and is threatening the existing road which also serves as the primary access for private landowners downstream of the location. 3b. List the total estimated acreage of all existing wetlands on the property: —0.4 acre of wetlands. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Site A —500 feet in the Little Buck Creek drainage. Site B —50 feet in the Little Buck Creek drainage Site C —50 feet in Buck Creek Page 4 of 15 3d. Explain the purpose of the proposed project: Site A: The Forest Service is proposing to remove a portion of the earthen dam structure to reconnect approximately 0.2 mile of streams by eliminating an aquatic organism passage barrier, restore natural drainage patterns and reduce the potential impacts of a high hazard dam. Past inspections show indications of structural and seepage problems with the dam (see photo). Upstream of the earthen dam a large volume of sediment is stored. This area has been drained by a constructed opening in the dam over the past year. As a result, the ponded sediments have mostly dried, a stream channel and wetland has formed, and vegetation has begun to establish. Additionally, restoration of the stream channel at the pond site would reconnect approximately 0.2 mile of streams by eliminating an aquatic organism passage barrier. Site B: Removal of the log check dam in Little Buck Creek and reconstruction of the stream bank would stabilize the stream channel and restore it to a natural condition. Site C: Installation of a boulder vane structure in lower Buck Creek would direct stream flow away from the eroding stream bank adjacent to the Forest Service Road and prevent further erosion. This project would improve water temperatures within the Buck Creek watershed and provide improved habitat conditions for the native aquatic species within the watershed by restoring the stream water temperatures and aquatic passage, and increasing stream habitat complexity. Page 5 of 15 3e. Describe the overall project in detail, including the type of equipment to be used: SITE A: This project proposes to leave that sediment in place, thereby maintaining a wetland/meadow environment that adds desired diversity to the area. To maintain this ecosystem, this project proposes to do the following: 1. With a tracked excavator setting on the earthen dam, excavate along the length of the earthen dam to an elevation near the level of the sediments in the pond. 2. There is a concrete drain structure in the dam. This will be excavated out of the fill and hauled off site by the contractor. 3. Place earthen dam material in the downstream valley bottom to fill the gullied channel below the dam with excavated materials. Use quarried boulders as needed to fill this area to design elevation. 4. Where the channel currently resides upstream of the dam, set up a pump to divert streamflow around the construction work. Construct a boulder/log structure to hold grade at the lower end of the meadow. From this point continue in the existing channel reconstructing the channel to pass fish with numerous boulder and log structures. Construct a channel with dimension, pattern, and profile to fit the site as defined by existing bedrock and boulders, and the reference reach located up and down stream. See Table 1 for design information. Fable I. Design Channel Calculations (see also PYoject DeseYt"ption Document Fi uYC S) Current reach length: 212 feet Current reach drop: 25 feet Current reach slope: 25'/212' = 0.118 = 11.8% There can be a 5.9% slope between steps. Step mean depth is 0.5 feet, therefore: Slope = Rise/Run 0.059 = 0.5'/Run Run = 0.5'/0.059 = 8.5'stream length with a 0.5' step Therefore, the 212' reach will have 20-25 sections of 8.5' length with a 6% slope and a step or cascade drop of 0.4-0.6'. Pools will have a mean depth of 12-18" and a Pool to Pool spacing of 7-10 feet. 6. Incorporated into the channel design would be structures that mimic the natural involvement of trees and boulders into the aquatic system. These structures could include J -hook vanes, vanes, root wads, and toe -wood (see Appendix A and attachments). 7. Constructed stream banks would be covered with native seed and Coir matting, and planted with live stakes and potted plants. The remaining disturbed soil would be seeded and mulched and planted with potted plants. Site B: One existing log check dam within Little Buck Creek would be removed to restore the natural width/depth ratio and to protect the stream banks. A new stream bank would be constructed and revegetated. Site C: One boulder vane would be installed within Buck Creek adjacent to FS Road 350A using a trackhoe. This structure will be placed at an elevation that will direct water away from the eroding stream bank and also create a downstream scour pool. Page 6 of 15 B. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: ❑ Yes ® No ❑ Unknown 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 9. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ® No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 10. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. if yes, explain. Page 7 of 15 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply):. M Wetlands ® Streams - tributaries ❑ Buffers Z 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. _ —..-._ --------T 2c. 2d. _------ — 2e. -- ---------- 2f. Wetland impact I 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 No ❑ Corps — ❑ D_W Q --� P W3 ❑❑T ❑ Yes - -- -- -- ❑ Corps _� ❑ No ❑DWQ l W4 ❑ P ❑ T El ❑ Corps ❑ No ❑ DWQ _ W5 ❑-F F� T ___ _------------ El Yes ❑Corps _ --- ❑ No ❑_DWQ W6 ❑ P ❑ T ❑ Yes -- -- ❑ Corps ❑ No ❑ DWQ _ 2g. Total wetland impacts 2h. Cornrnents: The reservoir created wetland will be maintained as much as possible, but the extent will not be known until - the pond is drained. 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.T- _-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) Reconstruct existing channel, S1 ®P ❑ T install in -stream structures & Little Buck Creek ® PER INT Z Corps ®DWQ 7 220 install vegetation transplants on banks Remove log check S2 ®P ❑ T dam, construct Little Buck Creek PER ® Corps 6 50 new bank, L-1 INT ® DWQ revegetate Z Corps DWQ 20 50 S3 Z P ❑ T Install boulder vane, revegetate Buck Creek, lower I I Z PER ❑ INT® eroding bank - i --�--- S4 N P E] T ®PER ®Corps ❑ INT ® DWQ S5 Z P❑ T 0 PER M Corps ❑ INT ® DWQ Page 8 of 15 3h. Total stream and tributary impacts 320 3i. Comments: Edits made to Site A on August 25, 2016 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 indivii ually list all open water impacts below. 4a. Open water impact number — Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 ®P ❑ T Little Buck Creek Pond Drain water. Restore stream channel. Reservoir 0.4 02 ❑P❑T 03 ❑P❑T 04 ❑P❑T 4f. Total open water impacts 0.4 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) 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: 5. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 9 of 15 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. ❑ Neuse ❑ Tar-Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. — 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? B1 ❑P❑T El Yes ❑ No B2 ❑ P ❑ T ❑ Yes 7 No r- - - ----- B3 ❑ P ❑ T ❑Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 10 of 15 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Construction at the existing pond site would occur largely in the absence of streamflow since streamflow would be pumped around the excavation work. Still, temporarily increases in turbidity are likely from the work, especially when streamflow is first released to the new channel, but because of erosion control features (transplants, coir matting, etc.) the amount would be minimal. Potential adverse impacts would be avoided by minimizing excessive excavation and adhering to the State turbidity standard. Stream work is expected to be completed over a three week period. b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. A. Minimize the area and degree of soil disturbance that reduces infiltration capacity and permeability, and destroys protective forest floor and ground cover. B. All hazardous materials will be stored outside of flood -prone areas and surrounded with sediment fence to reduce the risk of materials reaching the river. C. Work activities would not be scheduled on rainy days. D. Heavy Equipment Operation. 1. All equipment shall be cleaned before entering the project area and stream, so as to reduce the risk of fine grained sediment and oils and grease from entering the stream. This would also reduce the risk of invasive weed spread onto the Forest. 2. Do not operate on wet soils when they are most susceptible to damage and erosion. 3. Operate heavy equipment on slopes less than 12 percent so as to reduce the risk of soil erosion. Avoid operating heavy equipment on over -hanging stream banks. 4. Move large woody debris in a manner that minimizes disturbance of the forest floor, exposure of mineral soil, or degradation of stream bank stability. E. Install sediment fence to trap potential sediment. Stabilize any disturbed area at the end of each workday. F. Re -vegetate exposed soils as soon as possible to take advantage of the loose soil conditions for seeding. 1. Exposed soil will be covered with straw mulch or erosion control matting at the end of the project. Matting will be secured in place with stakes and live stakes where conditions allow. 2. Temporary seeding will occur on all bare soil within five days of ground disturbing activities to provide long-term erosion control. 3. Stabilize channel banks with a native seed mix as work is completed. G. Do not move sediment trap devices until the vegetation in the disturbed areas has been established. H. During on-going operations inspect the site frequently; inspect occasionally during inactive periods. 1. Check for potentially damaging or failing situations that may cause unacceptable water quality impacts. 2. Correct failing situations as soon as practical. i. Conduct visual inspections of streams while the work is being conducted to maintain acceptable turbidity levels. Use a skilled heavy equipment operator, trained in stream restoration and construction of in -stream structures. Instruct the operator to minimize disturbance to the streambed. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this ❑Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity Page 11 of 15 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. 5. 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 ❑ Yes ® No buffer mitigation? If yes, you will have to fill out this entire form – please contact the State for more information. 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 Zone 1 6c. Reason for impact ��-----__.— 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) 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 12 of 15 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? 0% 2b. Does this project require a Stormwater Management Plan? ❑ Yes [;I No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The current site contains less than 24% impervious area and an increase in impervious area is not planned from the proposed work. Additionally, all stormwater is transported primarily via vegetated conveyances. 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? Clay County ❑ 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: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 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 13 of 15 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. 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: NEPA Decision Memo document is attached. 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 additional development, which could impact nearby downstream water quality? El Yes No 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. No sewage disposal is necessary. Page 14 of 15 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? ❑ 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? A biological evaluation completed by the US Forest Service on February 3, 2015 determined that the project is not likely to adversely affect the northern long-eared bat and Indiana bat. Concurrence with these determinations of effect was made by the US Fish and Wildlife Service on May 20, 2014. There will be no impacts to any other proposed, endangered, or threatened species. 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? Data source is NOAA website 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? An archeological review completed in March 2014 determined that the dam on Little Buck Creek is not eligible for listing under § 106 of the National Historic Preservation Act. The State Historic Preservation Office concurred with the Forest Service's determination on April 13, 2015. 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: 8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Information System http://floodmaps.nc.gov/FMIS/ Brady N. Dodd A � Z5� 4A kkl Applicant/Agent's Printed Name Date ppl can Agent's Signature (Agent's signature is valid onl if an authorization letter from the applicant isprovided.) Page 15 of 15