HomeMy WebLinkAbout20081200 Ver 1_Application_20080805
CLEAR CREEKS CONSULT LN C
1317 Knopp Road
Jarrettsville, Maryland 21084
410-692-2164
.08 1200
Attention: Division of Water Quality
401 /Wetlands Unit
Please note that this package includes five copies of
the permit application, plans and supporting
documentation instead of the required seven.
At their request, one copy each was sent directly to:
Sue Homewood
North Carolina Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
Ron Linville
North Carolina Wildlife Resources Commission
3855 Idlewild Road
Kernersville, NC 27284-9180
k[1@[95WF=N
AUG 5 2008
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRAN('
Office Use Only: Form Version February 2002
08 1 2 0 0
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NW - 27 and NW-33
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information p r= t V L5
1. Owner/Applicant Information v
Name: Gordon and Anne Roizers AUG 5 2008
Mailing Address: 447 Albion Church Road, Mount Airv DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Name: Donald Brannock
Mailing Address: 332 Albion Church Road, Mount Airy
Name: Charles Bowman
Mailing Address: 681 Albion Church Road, Mount Airv
Name: Kathy Guarnaccio
Mailing Address: 250 Hollingsworth Road, Mount Airy
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Rocky Powell
Company Affiliation: Clear Creeks Consulting LLC
Mailing Address: 1317 Knopp Road
Jarrettsville, Maryland 21084
Telephone Number: (410) 692-2164 Fax Number: L410) 692-2164
E-mail Address: clearcreekskclearviewcatv.net
Page 5 of 14
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Big Creek Stream Restoration
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 5070-00-34-4392. 5070-00-33-4427. 5070-00-
26-9195; 5070-00-15-9132
4. Location
County: SPM Nearest Town: Mount Airv
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.):
From US 52 take the Pilot Mountain Exit heading east on Route 268 (Key Street); turn left
on Main Street and head north to Old Westfield Road; turn right and continue north until Old
Westfield intersects Westfield Road (US 89)• turn left on US 89 and follow to intersection
with Albion Church Road (RT; turn right on Albion Church Road and follow approximately
1.5 miles to Big Creek; the project is upstream and downstream of the bridge crossing
5. Site coordinates, if available (UTM or Lat/Long):Lat 36°30'09.15"N Long 80°27'01.42"W
6. Describe the existing land use or condition of the site at the time of this application:
The dominant land use in the watershed is forest and agriculture with low-density single-
family residential fronting along secondary roads. The project site is agriculture - pasture for
livestock grazing with scattered wood lots.
7. Property size (acres): 198.65
8. Nearest body of water (stream/river/sound/ocean/lake): Dan River
9. River Basin: Roanoke River
Page 6 of 14
10. Describe the purpose of the proposed work:
Correct the stream channel instability problems, improve water quality, enhance in-stream
habitat, and restore natural floodplain functions by implementing an effective, long-term
restoration plan for the streams within the properties. Enhance an existing wetland by
creating interconnected vernal pools and seasonally flooded shallow areas.
11. List the type of equipment to be used to construct the project:
Tracked excavators with hydraulic thumbs, tracked trucks and tracked loaders, dump trucks
and misc. small trucks.
12. Describe the land use in the vicinity of this project: forest and pasture
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
A pre-application meeting was held on-site June 19, 2008 to present the project to the permitting
agencies. The following persons were in attendance: Mr. Monte Matthews, USACOE• Ms. Sue
Homewood; NCDWQ, Mr. Dick Everhart, NRCS, and Mr. Rocky Powell Clear Creeks
Consulting.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Yes. This is Phase 1 of multiple projects proposed for Big Creek. Additional restoration work
will be conducted on downstream reaches. Although the work is dependent on the availability of
funds, it is planned that Phase 2 will start construction in 2010 and Phase 3 in 2012.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
Page 7 of 14
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a brief written description of the proposed impacts:
Temporary impacts include:
1) removal of a small percentage of the existing vegetation on streambanks, and terraces to allow
grading and sloping of the streambanks and construction of floodprone areas; and 2) dewatering
and diversion of the baseflow to allow work to proceed in the dry; 3 one temporary construction
access bridge; 4) excavation of shallow pools and interconnecting swales in existing wetland.
Permanent impacts include:
1) excavation of the streambed to establish a new channel profile (pools and riffles) and 2)
placement of fill - a) in abandoned channel sections after constructing a new channel that is
away from steep hillslopes and that is reconnected to the floodplain b) to construct/install
structures such as cross vanes, log-boulder j-hooks, constructed riffles, boulder step-pools
boulder cascades, etc. at key points along the channel to provide grade control and deflect flows
away from the banks and toward the center of the channel; c tributary confluences will be
relocated and reconstructed to eliminate vertical stability problems in these areas; d) replace one
ford crossing with small bridge and relocate and stabilize two ford crossings for farm equipment
access.
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on ma) (acres) es/no) (linear feet)
Excavation and
WI - See plans grading to create
interconnected 0.2 yes 150 Forest/Scrub-shrub
vernal pools
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of all existing wetlands on the property: 1.5 acres
Total area of wetland impact proposed: 0.2 acres
Page 8 of 14
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on ma) (linear feet) Before Im act specify)
25 bankfull
MS Temporary 4065 Big Creek 15 baseflow Perennial
25 bankfull
MS Permanent 4065 Big Creek 15 baseflow Perennial
7 bankf ill Perennial
T1 Permanent 25 Tributary 1 1.5 baseflow
7 bankfull Perennial
T2 Permanent 75 Tributary 2 1.5 baseflow
T3 Permanent 25 Tributary 3 5 bankfull Intermittent
1 baseflow
8 bankfull
T4 Permanent 110 Tributary 4 1.5 baseflow Perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usizs.cov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 4300
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean
and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
NA
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be included
above in the wetland and stream impact sections. Also, the proposed pond should be described
here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ® uplands ? stream ? wetlands
Page 9 of 14
Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-
down valve or spillway, etc.): excavation, inlet channel carries storm flows from stream, step-
pool outlet channel carries overflow to stream
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local
stormwater requirement, etc.): fishing, aesthetics
Size of watershed draining to pond: 7.5 acres Expected pond surface area: 0.61 acres
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were.not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The general restoration approach includes reconstructing reaches of Big Creek to stabilizing
eroding streambanks, relocating the channel away from steep failing hillslopes reconnecting the
channel with the floodplain, providing a more regular plan form along reaches where meander
bends are extremely tight, and modifying channel cross-sections to improve habitat and sediment
transport capacity. Tributary confluences will be relocated and reconstructed to eliminate
vertical stability problems in these areas.
The temporary impacts associated with mechanical clearing are limited to those stream banks
where grading is essential to establish stable channel eomet . All disturbed areas impacted
within the limits of the project will be seeded with native grasses and planted with native trees
and shrubs. All disturbed areas impacted outside the limits of the project will be seeded with
grasses and clover. The wetland impacts involve excavation of vernal pools interconnected by
shallow swales. None of the existing wetland vegetation (i.e. trees and shrubs) will be disturbed
during the enhancement work. One of three unstable ford crossings will be replaced with a small
bridge, while the other two will be relocated to more suitable locations and stabilized.
The permanent impacts associated with fill will run almost the entire length of the project The
majority of the fill placed will involve backfilling of old channels after new channels have been
constructed. Some sections of the existing channels that remain will be narrowed by
constructing toe benches along the channel margins to improve habitat and sediment transport. In addition, cross vanes, log-boulder j-hooks, and constructed riffles will be constructed at key
points along the channel to provide grade control and divert flow away from the stream banks
Tributary confluences will be relocated and reconstructed with log-boulder step-pools to
eliminate vertical stability problems in these areas. Avoidance of these impacts would be
inconsistent with many of the objectives of this project including: reconnecting the stream
channels with their floodplain, improving habitat by constructing a narrower and deeper
baseflow channel, improving sediment transport capacity, reducing sedimentation and protecting
the stream banks from scour.
Page 10 of 14
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stnngide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Given the type of project it is not anticipated that mitigation will be required In fact the
project itself could be viewed as mitigation for historic impacts to Big Creek and its
tributaries. As a result of this project 4300 feet of unstable stream channel will be restored
0.2 acres of wetlands will be enhanced, 9.33 acres of riparian forest and native meadow
buffer will be created, and sediment and nutrient loadings to the Dan River resulting from
eroding banks and eroding gullies will be significantly reduced. In addition the landowners
will establish a fenced conservation easement that prohibits livestock access and permanently
protects 9.33 acres of stream banks and floodplain along these stream reaches
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
Page 11 of 14
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify NA )?
Page 12 of 14
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
XII. Sewage Disposal (DWQ Only)
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.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules?
Yes E] No
Is this an after-the-fact permit application?
Yes ? No
Page 13 of 14
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may choose to list
constraints associated with construction or sequencing that may impose limits on work schedules (e.g.,
draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility
problems, or other issues outside of the applicant's control).
Project is a component of a Natural Channel Design Course sponsored by Pilot View RC&D and taught
by Dave Rosgen. The course is scheduled for September 8 - 19, 2008 in Elkin, NC. Construction is to
start just prior to the start of the course.
Applicant/Agents Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 14 of 14
08/01/2008 09:51 FAX
Aug U1 U8 U9:4be Rocky Nowell
16001/001
(410) 692-2164 p.2
July 25, 2006
Attn: North Carolina Division of Water Quality
This letter authorizes Rocky Powell, Clear Creeks Consulting to act as my agent
in obtaining state and federal permits to implement the restoration of Big Creek
on my property in Mount Airy, North Carolina.
Sincerely,
July 25, 2008
Attn: North Carolina Division of Water Quality
This letter authorizes Rocky Powell, Clear Creeks Consulting to act as my agent
in obtaining state and federal permits to implement the restoration of Big Creek
on my property in Mount Airy, North Carolina.
Sincerely,
-L?
ci?21?
i/
July 25, 2008
Attn: North Carolina Division of Water Quality
This letter authorizes Rocky Powell, Clear Creeks Consulting to act as my agent
in obtaining state and federal permits to implement the restoration of Big Creek
on my property in Mount Airy, North Carolina.
Sincerely,
July 25, 2008
Attn: North Carolina Division of Water Quality
This letter authorizes Rocky Powell, Clear Creeks Consulting to act as my agent
in obtaining state and federal permits to implement the restoration of Big Creek
on my property in Mount Airy, North Carolina.
Sincerely,
.2. I J r ?a ?
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