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HomeMy WebLinkAbout20161277 Ver 1_401 Application_20161216December 20, 2016 Wolf Creek Engineering, pllc Engineering and Environmental Consulting 2.01 61 27 7 Ms. Karen Higgins NC DEQ — Division of Water Resources 401 & Buffer Permitting Unit Supervisor RFEr 12 @ [2 O V f� 512 North Salisbury St. Is D Raleigh, North Carolina 27604 2 8 2016 f,, Re: Dotson Branch Stream Restoration Projec P Section 401 Permit Ms. Higgins, Resource Institute, Inc. (RI) is seeking approval from the NC DEQ for a Section 401 Permit for construction of the Dotson Branch Stream Restoration Site (the Site) in Haywood County, North Carolina. Restoration is proposed for approximately 10,365 linear feet of Dotson Branch and its tributaries (named Medford Branch, Charles Branch, Crawford Branch, Ferguson Branch, James Branch, UT to James Branch, Smart Branch and Barn Branch for the purposes of this project). Funding for the proposed restoration efforts is being coordinated by RI and the Natural Resources Conservation Service (MRCS), and is a combination of state funding and the NRCS Environmental Quality Incentives Program (EQIP). RI has contracted with Wolf Creek Engineering to provide design and construction oversight services for the implementation of the restoration. The construction plans are included as an attachment to this permit application. The following is a brief description of the site conditions and the proposed restoration efforts. Project Location The Site is located in the southern Appalachian mountains of Western North Carolina, in Haywood County, approximately 8 miles north of Waynesville. The upstream end of the Site lies at LAVLONG 35.6041138890 N, 82.9709805560 W. The site drains to the Pigeon River (USGS 8 -digit Hydrologic Unit Code 06010106). Property and Land Use The Site includes twelve (12) privately held tracts of land totaling approximately 251.4 acres. Site steams have been negatively impacted by current or past agricultural practices, including livestock operations, row crop cultivation, and steam channelization and dredging. 121/2 Wall Street, Suite C • Asheville, NC 28801 • 828.449.1930 • www. wolf creekeng.com Restoration Goals and Objectives The primary goal of the Dotson Branch Stream Restoration Project is to repair degraded reaches of stream through implementation of sound restoration techniques, including bank stabilization and in -stream structure installation. The project objectives include the following: • Improve water quality and reduce sediment input by stabilizing actively eroding banks • Establish a buffer maintenance policy with the property owners to provide riparian buffers • Increase aquatic habitat and channel bed form diversity through the installation of in - stream and brush toe structures • Correct channel incision and erratic meander behavior through the excavation of a floodplain at bankfull elevation Existing Conditions The watershed is approximately 42% forested, with agricultural and low-density residential land use composing the remainder. Based upon historic aerial imagery, the majority of the land within the Site boundary has been in agricultural production for over twenty years. Dotson Branch flows from south to north towards the Pigeon River with a contributing watershed of approximately 1.43 square miles. The average bed widths of Dotson Branch and its tributaries within the Site vary between 1.5 feet at the upstream end and 8 feet at the downstream end, and the depths -to -terrace range from approximately one foot to six feet. Many of the channel banks are vertical, actively eroding bluffs which contribute significantly to the sediment input into the Pigeon River. Dotson Branch and its tributaries drain land currently being used to support two dairy operations, including feed lots, grazing, and row crop and hay production. Most reaches lack a riparian buffer and several reaches continue to be impacted by unrestricted livestock access. The outfall of Dotson Branch into the Pigeon River was recently identified as a point source of fecal coliform contamination. Restoration Methods A geomorphically stable pattern will be returned to streams within the Site by realigning the channels and repairing actively eroding banks. A new floodplain will be excavated at bankfull elevation which will increase flood conveyance and correct channel incision, therefore reducing stress on the bed and banks during flood events. In -stream log and boulder structures, as well as brush toe structures, will be installed to increase bed form and aquatic habitat diversity, and will be constructed using onsite material whenever possible. The proposed channel bed will be constructed of onsite, native bed material. Wetland and Stream Impacts Jurisdictional wetlands have not been delineated within the limits of the proposed construction activities. Unavoidable, temporary stream impacts will occur along the entire length of Dotson Branch and its tributaries within the Site boundary in order to construct the channel along its proposed alignment, repair deteriorating banks and provide approximately 10,365 linear feet of 12'/z Wall Street, Suite C • Asheville, NC 28801 • 828.449.1930 • www. wolf creekeng.corn restoration. Efforts will be made to minimize the impacts to the channel banks and, where disturbances occur, bank stabilization techniques will be implemented to re-establish native vegetation. Summary We anticipate that the immediate effects of implementing this project will be temporary ground disturbance due to the use of heavy equipment in the construction of the stream components. These activities are necessary to reverse the extensive disturbance and degradation of the Site. The long-term effects of the project will be an overall enhancement and restoration of stream functions and riparian buffer. Should you have any questions, or if you require any additional information, please feel free to contact me at my office (828) 449-1930. Thank you for your time and attention to this matter. Sincerely, Wolf Creek Engineering, pllc al. 6 M >�_ Christopher M. Engle, P.E. Project Manager Attachments: Application Fee of $570.00 (Check # 59$0) Pre -Construction Notification (4) Construction Plans, Half -Size (4) Bound Copy of Supporting Documents (4) 121/2 Wall Street, Suite C - Asheville. NC 28801 • 828.449.1930 • www.wolfcreekeng.com OaO�- W AT,&.9 l _ . 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 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit ❑Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number: 1 c. 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 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 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Dotson Branch Stream Restoration Project 2b. County: Haywood 2c. Nearest municipality / town: Clyde, NC 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 1)Charies F. Medford 2) Vivian James 3)Charles D. Medford 3a. Name(s) on Recorded Deed: 4)Johnny B. Ferguson 5)Mattie S. Smart 6)Roxanne Lucema 7)Cariyle B. Ferguson 1) 514/1323, 817/442, 817/450 2) 748/225 3) 99/125,160/96 3b. Deed Book and Page No. 4) 482/832 5) 1984E/349, 295/144 6) 774/2425 7) 272/304, 209/44, 205/747 3c. Responsible Party (for LLC if N/A applicable): 1) Off Joe Medford Rd 2) 1999 Guy Chambers Rd 3) Off Medford Farm Rd 3d. Street address: 4) Medford Farm Rd 5) 244 Medford Farm Rd 6) 3459 Iron Duff Rd 7) 3317 & 3625 Iron Duff Rd 3e. City, state, zip: Waynesville, NC 28785 3f. Telephone no.: 3g. Fax no.: 3h. Email address: 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Project Sponsor 4b. Name: Charles Anderson 4c. Business name (if applicable): Resource Institute, Inc. 4d. Street address: 2631 Reynolda Rd 4e. City, state, zip: Winston -Salem, NC 27106 4f. Telephone no.: (336) 750-0522 4g. Fax no.: (336) 750-0177 4h. Email address: canderson@resourceinstituteinc.org 5. Agent/Consultant Information (if applicable) 5a. Name: Christopher M. Engle, P.E. 5b. Business name Wolf Creek Engineering, plic (if applicable): 5c. Street address: 12 '/ Wall St. Suite C 5d. City, state, zip: Asheville, NC 28801 5e. Telephone no.: (828) 449-1930 5f. Fax no.: 5g. Email address: cengle@wolfcreekeng.com B. Project Information and Prior Project History 1. Property Identification 1) 8619-96-4603, 8619-97-0590, 8629-07-0071 2) 8629-17-1004 3) 8629-08-1135, 8619-98-0059 la. Property identification no. (tax PIN or parcel ID): 4) 8619-99-1379 5) 8619-88-5773, 8619-98-0059 6) 8629-09-2744 7) 8629-08-2934, 8710-90-9572, 8720-10-2892 1 b. Site coordinates (in decimal degrees): Latitude: 35.604113889 Longitude: -82.970980556 (DD.DDDDDD) (-DD.DDDDDD) 1) 43.04 ac, 21.32 ac, 10.03 ac 2) 31.99 ac 3) 21.32 ac, 7.7 ac 1c. Property size: 4) 35.06 ac 5) 22.81 ac, 7.7 ac 6) 6.18 ac 7) 7.03 ac, 3.53 ac, 41.37 ac 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Pigeon River proposed project: 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: map is available at French Broad River hftp://h2o.enr.state.nc.us/admin/maps/ 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 proposed project is located on privately owned properties used for agricultural production. Site stream exhibits excessive erosion and instabilities due to these agricultural practices. 3b. List the total estimated acreage of all existing wetlands on the property: 0.00 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 11,497 linear feet of existing stream 3d. Explain the purpose of the proposed project: The purpose of the project is to restore ecological function, natural stability and aquatic and terrestrial habitat to a riparian system which has been negatively impacted by agricultural use. 3e. Describe the overall project in detail, including the type of equipment to be used: The proposed activities are intended to restore degraded portions of the Dotson Branch and its unnamed tributaries that drain into the Pigeon River located at the project outfall. Erosion control measures will be installed prior to any land disturbing activity to prevent erosion and retain sedimentation onsite. Where the stream channel departs from morphologically stable conditions, it will be reconstructed with proper dimension, pattern and profile. Restoration will include the excavation of a new floodplain at bankfull elevation and the installation of in -stream structures to provide stream bed integrity and improved habitat for aquatic species. Native vegetation will be planted to provide restoration of a natural forested buffer adjacent to the stream channels and habitat for insect, terrestrial and avian species. Upon completion of the work, all access roads, staging areas, construction entrances and silt fence will be removed and all disturbed soils will be stabilized with mulch and native seed to establish permanent ground cover. Equipment anticipated for construction efforts include track -hoes, skid -steers, track -trucks and off-road trucks. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this ❑ Yes ® No ❑ Unknown property / project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what Preliminary El Final type 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. 6. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in ❑ Yes ® No ❑ Unknown the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? TO Yes ® No 6b. If yes, explain. C. Proposed Impacts Inventory 1. Impacts Summary la. 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 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 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 Restoration Dotson Branch ® PER ❑ INT ® Corps ❑ DWQ 8 5,911 S2 []PST Restoration Medford Branch ® PER ❑ INT ® Corps ❑ DWQ 3 1,020 S3 ❑ P ®T Restoration Charles Branch ® PER ❑ INT ® Corps ❑ DWQ 1.5 329 S4 []POT Restoration Crawford Branch ® PER ❑ INT ® Corps ❑ DWQ 5 1,685 S5 ❑ P ®T Restoration Ferguson Branch ® PER ❑ INT ® Corps ❑ DWQ 1.5 593 S6 ❑ P ®T Restoration James Branch ® PER ❑ INT ® Corps ❑ DWQ 3 1,351 S7 []PST Restoration Smart Branch ® PER ❑ INT ® Corps ❑ DWQ 2 309 S8 ❑ POT Restoration Barn Branch ® PER ❑ INT ® Corps ❑ DWQ 1.5 197 S9 ❑ P ® T Restoration UT to James Br ® PER ❑ INT ® Corps ❑ DWQ 1.5 102 3h. Total stream and tributary impacts 11,497 3i. Comments: Site stream exhibits instabilities in the form of actively eroding, vertical banks, which will be improved by the implementation of restoration activities. 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 01 ❑P❑T 02 ❑P❑T 03 ❑P❑T 04 ❑ PEI T 4f. Total open water Impacts 4g. Comments: 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 6f. 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 ❑ 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 impact required? B1 ❑P❑T ❑Yes ❑ No B2 ❑P F1 Yes ❑ No B3 ❑P El Yes ❑ No 6h. Total buffer Impacts 6i. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Where mature vegetation exists on the stream banks it will be incorporated into the newly constructed stream bank. The construction footprint will be minimized by utilizing the existing channel corridor to the maximum extent possible. b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction access will take the most direct route to minimize disturbance to existing vegetation and land in current agricultural production. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ® No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: N/A 3b. Credits Purchased (attach receipt and letter) Type Quantity 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? If yes, you will have to fill out this entire form — please contact the State for more information. [:1 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: E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. 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 E] 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: This project will not increase runoff. 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 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 ❑ 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 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. 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 ❑ Yes ❑ No letter.) 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. This project is a stream restoration project. The site will include provision of a riparian buffer to protect the stream from future anticipated impacts. 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 wastewater will be generated by the proposed project. Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Endangered Species and Designated Critical Habitat (Corps Requirement) 58. 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 impacts? ❑Yes ® No 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? NRCS internal process — Form CPA -52 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? NRCS Internal process — Form CPA -52 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? NRCS internal process — Form CPA -52 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 downstream portion of the project lies within a FEMA limited - detail studied stream and the proposed activities will occur in a conveyance shadow. A No -Rise Certification will be submitted to the local Floodplain Administrator in accordance with FEMA requirements. 8c. What source(s) did you use to make the floodplain determination? NC Flood Risk Information System Christopher M. Engle, P.E. �- 12/19/16 Applicant/Agent's Printed Name Applican Agen ignatu a Date (Agent's signature is valid only if an authorization letter from the applicant Isprovided.)