HomeMy WebLinkAbout20081258 Ver 1_401 Application_20080808? c Env/,
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August 12, 2008
Ms. Cyndi Karoly
NCDENR Division of Water Quality
2321 Crabtree Blvd.; Suite 250
Raleigh, NC 27604
PAYMENT
RE: Green Rock at Buck Mountain Stream Restoration Project
Ashe County
Ms. Karoly,
0 8- 1 2 5 8
Ecology & Hydrology
1638 Brushy Fork Road
Trade, TN 37691
ph/fax: 423.727.4476
cell: 828.773.3820
adam@bfec.org
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AUG 1 8 2008
WETLANDS AND STORP;11NKFER NOAH
Enclosed find the referenced project permit/Pre-construction Notification (PCN) application with
the following items attached:
1) PCN
2) Agent Authorization Form
3) Location Map
4) Figures 1-5
i. Site Plan
ii. Typical Crossvane Detail
iii. Tyical Bridge Detail
iv. Re-vegetation Cross-section Detail
v. Re-vegetation Plan View Detail
5) Photosheet
6) NCDWQ Stream Classification Form
Also enclosed, find a $240.00 check specific to the minor water quality certification permit
application fee. Cumulative proposed impacts =145 linear feet of intermittent stream.
If you have any questions or concerns do not hesitate to call.
Sincerely,
Adam Williams, PWS
Brushy Fork Environmental Consulting, Inc.
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
Nationwide 27
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
c:@_',?'
1. Owner/Applicant Information plm
Name: Black Diamond Capitol Solutions, LLC AUG 1 R 2008
Mailing Address: P.O. Box 1130 DENR w,,, ?-R 0 & i7
West Jefferson NC 28694 WETLANDS AND 570RM,"!^ 4TER P%. AC H
Telephone Number: 336-846-2161 Fax Number: 336-846-2171
E-mail Address: steve ,eco-greenllc.com
2. Agent/Consultant 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: Adam Williams PWS
Mailing Address: Brushy Fork Environmental Consulting, Inc.
1638 Brushy Fork Road
Trade, TN 37691
Telephone Number: 423-727-4476 Fax Number:
E-mail Address: adamkbfec.org
Page 5 of 13
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: Green Rock at Buck Mountain
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 13190-408
4. Location
County: Ashe Nearest Town: West Jefferson
Subdivision name (include phase/lot number): Green Rock at Buck Mountain
Directions to site (include road numbers/names, landmarks, etc.): From US221N/NC194N,
Toward Jefferson, take left onto Buck Mountain Cir (NCSR 1137), travel approximately
miles left onto White Tail Trail, White Tail Trail accesses the subject property's southeast
boundary (see Location Map).
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 36° 23' 11.1" ON 81° 31' 20.5" °W
6. Property size (acres): 47.7 acres
7. Name of nearest receiving body of water: Beaver Creek
8. River Basin: New River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mgps/.)
Page 6 of 13
9. Describe the existing conditions on the site and general land use in the vicinity of the project
d
at the time of this application: Currently, the Subject Property is comprised of mixed uplan
hardwood forest land and contains no livable structures. One historical dirt and stone road
meanders across the Subject Property and enters from the southeastern extent and exits the
western extent. Adjacent property is used as single family residences in a sparse rural
environment golf course and associated community located off the southern property
boundary and dense mixed upland hardwood forest land located off the eastern and western
boundary.
10. Describe the overall project in detail, including the type of equipment to be used: Stream
enhancement is proposed on approximately 145 feet of Un-named Tributary (UT) Beaver
Creek located on the Subject Property. The stream begins at a spring-head and flows south
through two existing metal culverts. Proposed enhancement of the stream includes, but is not
limited to the installation of rock cross vanes, re-vegetation of the stream bank to re-
established a natural species riparian buffer to a minimum width of 25 feet either side (trees,
shrubs herbs, & grasses), and removal of encapsulated stream section (CMPs with
installation of span structure/bridges.
11. Proposed excavation equipment include: Small hydraulic thumb trac-hoe, tandem axel dump
trucks and hand tools.
Explain the purpose of the proposed work: The purpose of the proposed work is to enhance
UT-Beaver Creek using enhancement methods including: rock vane installation (grade
control), and establishment of woody native riparian buffer.
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. N/A
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.
No future jurisdictional permits are proposed at this time.
Page 7 of 13
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a 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.
Provide a written description of the proposed impacts: This project is intended to enhance 145
linear feet of UT- Beaver Creek. This section of stream flows directly through the Subject
Property and confluences with Beaver Creek, a Tributary of the New River. The project will
enhance aquatic habitat and reduce stream bank erosion. Re-vegetation of the adjacent riparian
buffer will take place with native grass/herbs, as well as native tree and shrub species (See
Typical Re-Vegetation Detail).
1. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
senarately list imnacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
Total Wetland Impact (acres)
2. List the total acreage (estimated) of all existing wetlands on the property: -0 acres
3. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage, multiply length X width, then divide by 43,560.
Page 8 of 13
Stream Impact
Number
(indicate on map)
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area
of
Impact
(acres)
1 UT-Beaver Creek Stream
Enhancement Intermittent 2-3 ft 145 ft 435 ft2
Total Stream Impact (by length and acreage) 145 ft 435 ft2
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
Total Open Water Impact (acres)
5. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.01 ac
Wetland Impact (acres): 0 ac
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet): 145 ft
6. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
7. 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.
Page 9 of 13
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
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 proposed work and
associated impacts are intended to enhance the UT-Beaver Creek project reach. All heavy
equipment will be kept out of the stream channel during project construction. Disturbance of
channel bottom and banks shall be held to the minimum necessary to allow for sufficient stream
enhancement. All disturbed buffer areas will be immediately seeded (temporary - annual
ryegrass), matted (coconut/coir matting), and stabilized at the close of each construction day.
Following construction, the banks of the enhancement channel will be seeded with a native
floodplain mix permanent seed). Live stakes and matting staples will be used to secure the
coconut fabric/sod-matting in these high stress areas.
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 January 15, 2002, 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 NCEEP concurrence shall be placed on hold as incomplete.
Page 10 of 13
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/strmgide.html.
1. 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.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/=/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five 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 (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. 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 ?
3. 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 (required by DWQ)
Page 11 of 13
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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", 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 Multiplier Required
1 I 13 (2 for Catawba)
2 ( 1.5
Total I I I
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The 15 lot subdivision (houses proposed at
2000 ft2 footprint)_ proposes an approximate impervious area of 1.4 % of the total 47.7 acre
Subject Property. The "Green Rock at Buck Mountain" subdivision proposes a permeable
concrete road in order to protect downstream surface waters and streams. Rain gardens and
cisterns will provide additional stormwater protection.
XII. Sewage Disposal (required by DWQ)
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 13
On-site septic systems will be installed according to local regulations.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. 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).
d'//ZA,
Applicant/Agent's Signature Ifate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
I, Keith Simmons, President of Black Diamond Capital Solutions, LLC designate
Adam Williams of Brushy Fork Environmental Consulting, Inc. to act as my duly
Authorized Agent concerning all US Army Corps of Engineers (USACE) and
North Carolina Division of Water Quality (NCDWQ) permitting regarding my
Ashe County - Green Rock at Buck Mountain Subdivision.
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Print Name - Address - Phone Number
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BVUIMT FOVIC Mskv1rox11Lm0ata1 00sLsn1t1XLV. Inc. Typical Channel FIGURE
1638 Brushy Fork Rd; Trade, TN 37691
phi 423,727.4476 cell, 828.773.3820
Re-Vegetation
Cross-section Detail `t
DRAWN BYi A. Williams NOT TO SCALE
DATE: 07/28/2008
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Green Rock at Buck Mountain Stream Enhancment Photosheet
NCDWQ Stream Classification Form
Project Name: Green Rk at Buck Mtn River Basin: New River
DWQ Project Number: N/A Nearest Named Stream: Beaver Creek
Date: 8/12/08
USGS QUAD: Warrensville
County: Ashe Evaluator: AW, JP
Latitude: 36deg23111.1"N Signature:
Longitude: 81deg31'20.5"W Location/Directions: see PCN
PLEASE NOTE: if evaluator and landowner agree that the feature is a man-made ditch, then use of this form is not necessary.
Also, if in the best professional judgement of the evaluator, the feature is a man-made ditch and not a modified natural stream-this
rating system should not be used'
Primary Field Indicators: (Circle One Number Per Line)
1. Geomorphology Absent Weak Moderate Strom
1) Is There A Riffle-Pool Sequence? 0 1 2 3
2) Is The USDA Texture In Streambed
Different From Surrounding Terrain?
0
1
2
3
3) Are Natural Levees Present? 0 1 2 3
4) Is The Channel Sinuous? 0 1 2 3
5) Is There An Active (Or Relic)
Floodplain Present?
0
1
2
3
6) Is The Channel Braided? 0 1 2 3
7) Are Recent Alluvial Deposits Present? 0 1 2 3
8) Is There A Bankfull Bench Present? 0 1 2 3
9) Is A Continuous Bed & Bank Present? 0 1
(*NOTE: f Bed & Bank Caused By Ditching And WITHOUT Sinuosity Then Score=0*) 2 3
10) Is A 2nd Order Or Greater Channel (As Indicated
On Topo Map And/Or In Field) Present?
Yes=3
No=O
PRIMARY GEOMORPHOLOGY INDICATOR POINTS: 8
II. Hydrology Absent Weak Moderate Strom
1) Is There A Groundwater
Flow/Dischan e Present? 0 1 2 3
PRIMARY HYDROLOGY INDICATOR POINTS.-- 2
III. Biology Absent Weak Moderate Strom
1) Are Fibrous Roots Present In Streambed? 3 2 1 0
2) Are Rooted Plants Present In Streambed? 3 2 1 0
3) Is Periphyton Present? 0 1 2 3
4) Are Bivalves Present? 0 1 2 3
PRIMARY BIOLOGY INDICATOR POINTS: 2
Secondary Field Indicators: (Circle One Number Per Line)
11. Hydrology Absent Weak Moderate Strom
1) Is This Year's (Or Last's) Leaflitter
Present In Streambed? 1.5 1 .5 0
2) Is Sediment On Plants (Or Debris) Present? 0 .5 l 1.5
3) Are Wrack Lines Present? 0 .5 1 1.5
4) Is Water In Channel And >48 Hrs. Since 0 .5 1 1.5
Last Known Rain? (*NOTE: If Ditch Indicated In #9 Above Skip This Step And #5 Below*)
5) Is There Water In Channel During Dry 0 .5 1 1.5
Conditions Or In Growing Season)?
6) Are Hydric Soils Present In Sides Of Channel (Or In Headcut)? Yes=1.5 No=0
SECONDARY HYDROLOGY INDICATOR POINTS: 3.5
III. Biology Absent Weak Moderate Strong
1) Are Fish Present? 0 .5 1 1.5
2) Are Amphibians Present? 0 .5 1 1.5
3) Are AquaticTurtles Present? 0 .5 1 1.5
8) Are Wetland Plants In Streambed? SAV Mostly OBL Mostly FACW Mostly FAC Mostly FACU Mostly UPL
(* NOTE: If Total Absence Of All Plants In Streambed 2 1 .75 .5 0 0
As Noted Above Skip This Step UNLESS SAV Present*).
SECONDARY BIOLOGY INDICATOR POINTS: 2.5
TOTAL POINTS (Primary + Secondary)=19.0 (If Greater Than Or Equal To 19 Points The Stream Is At Least Intermittent)
3) Does Topography Indicate A
Natural Drainage Way? 0 .5 1 1.5
SECONDARY GEOMORPHOLOGY INDICATOR POINTS: 1