HomeMy WebLinkAbout20081319 Ver 1_401 Application_20081008LMG
LAND MANAGEMENT GROUP INC.
Environmental Consultants
October 9, 2008
TO: Mr. Kyle Barnes
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
08- 1z t q
?.A
RE: 401 Water Quality Certification Application: Rutman Creek Watershed Restoration
Project
Belhaven; Hyde County, NC
Mr. Barnes:
Enclosed is a 401 Water Quality Certification application for your review. This
application is submitted on behalf of Mr. Cal Miller of the Wetlands Resource Center for a
4,300 acre tract located in Belhaven, NC. The applicant is proposing to plug and backfill
existing ditches on site in order to restore, enhance and preserve the wetland acreage. This
project will meet the mitigation requirements of the PCS Phosphate ruining operation.
The Pre-Construction Notification form, associated maps, and site plan are enclosed for
your review. I have also sent the $570 application fee to Mr. Ian McMillan. Please contact me if
you have any questions. Thank you for your assistance with this project.
Ashley Fu
Wetland S
Encl.
C: Mr. Ian McMillan, DWQ
Mr. Cal Miller, Wetlands Resource Center
Mr. David Lekson, USACE
? CMINO D
OCT 1 3 ?008
DEti?i `NAEFi Vu'? '.
WETII+NDS ARD STORNr!?At
www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402
LMG
LAND MANAGEMENT GROUP INC.
Environmental Consultants
October 9, 2008
TO: Mr. David Lekson
US Anny Corps of Engineers
PO Box 1000
Washington, NC 27889-1000
RE: NWP 27 Application: Rutrnan Creek Watershed Restoration Project
Belhaven; Hyde County, NC
Mr. Lekson:
Enclosed is a NWP 27 application for your review. This application is submitted on
behalf of Mr. Cal Miller of the Wetlands Resource Center fora 4,300 acre tract located in
Belhaven, NC. The applicant is proposing to plug and backfill existing ditches on site in order to
restore, enhance and preserve the wetland acreage. This project will meet the mitigation
requirements of the PCS Phosphate mining operation.
As you recall, you met with Brent Manning of LMG on site and verbally confirmed our
RPW calls. We are still awaiting a Notification of Jurisdictional Determination. The Pre-
Construction Notification form, associated maps, and site plan are enclosed for your review.
Please contact me if you have any questions. Thank you for your assistance with this project.
Sincerely,
Ashley Futral
Wetland Scien
Encl.
C: Mr. Ian McMillan, DWQ
Mr. Cal Miller, Wetlands Resource Center
Mr. Kyle Barnes, DWQ
www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 9 P.O. Box 2522, Wilmington, NC 28402
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. DR- 13 1 q
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
L Processing _ A 17
1. Check all of the approval(s) requested for this project:
X1 Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
x? 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 D 9@g1w 5
1. Owner/Applicant Information 1 Z00$
Name: Cal Miller: Wetlands Resource Center Rt?UAL1TY ,?Cy
Mailing Address: 3970 Bowen Road I?yDBA?ps?ORM
Canal Winchester, OH 43110
Telephone Number: 614-864-7511 Fax Number: 614-759-7988
E-mail Address:
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: Ashley Futral
Company Affiliation: Land Management Group, Inc.
Mailing Address: P.O. Box 2522
Wilmington, NC 28402
Telephone Number: 910-452-0001 Fax Number: 910-452-0060
E-mail Address: afutral(a)Imgroup.net
Updated 1 1/] /2005
Page 5 of 12
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 protect: Rutman Creek Watershed Restoration Project
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Hyde County Nearest Town: Belhaven
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Washington take US 264 east
towards Hyde County. Follow US 264 past Belhaven. Once in Hyde County, take a left onto New Lake Loop Road
then New Lake Road. Property is on the right bordering New Lake Road and the AICWW.
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): 35.5829 ON -76.4022 °W
6. Property size (acres): 4,300
Name of nearest receiving body of water: UTs to Rutman Creek and the AICWW
River Basin: Tar-Pamlico 03020104
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.em-.state.ne.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: A majority of the site has been managed for agriculture and silvicultural
production. The site is surrounded by the Pocosin Lakes National Wildlife Refuge to the west, New Lake to the north
and land used for agricultural purposes on both the south and east.
Updated 1 t/1/2005
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
The existing ditches on-site will be filled in order facilitate the restoration of Rutman Creek Watershed. Backhoes,
bulldozers, and dump trucks will be used to plug and backfill existing agricultural ditches and canals. Disturbance
to waters of the US is limited to these impacts associated with plugging canals and resultant hydrologic restoration.
11. Explain the purpose of the proposed work:The purpose of this project is to help meet the mitigation requirements
of the PCS Phosphate mining operation. All three phases of this project total -4,300 acres of restoration enhancement
and preservation. All work is scheduled to be completed by 2011.
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. The wetland status of this project has been evaluated by David Lekson of the Washington
USACE office. A JD request was submitted to Mr. Lekson in early August (2008) On-site field verification was provided
by the USACE that the larger collector canals are to be considered jurisdictional RPWs. The smaller lateral agricultural
ditches are not considered jurisdictional. Therefore, impacts are limited to the filling of the collector canals.
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.
This permit request covers all three phases of proposed ditch filling. No further requests are anticipated since this site
will not be used for development in the future. Rather, a conservation easement deed will be recorded - thus protecting
the wetland and stream restoration site in perpetuity.
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.
1. Provide a written description of the proposed impacts: Impacts are proposed for a total of sixteen
large collector canals which are jurisdictional The ditch plugs will total -900 linear feet Ditch fill is proposed for two
locations and will total 7,000 linear feet of impact. These features will be filled and graded using historic side-cast sp(
from the adjacent road network. The ditch fill activities will coincide with the stream restoration, enhancement and
preservation activities within the mitigation plan. (Please refer to Figure 5 or an illustration o the restoration activities.)
Updated 11/1/2005
Page 7 of 12
2. 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 impacts due to both structure and flooding. N/A
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
Fl100-yearoodplain
(es/no) Distance to
Stream Nearest
(linear feet) Area of
Impact
(acres)
Total Wetland Impact (acres) N/A
3. List the total acreage (estimated) of all existing wetlands on the property: -690 acres
4. 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_ multinly length X width then divide by 41 560
Stream Impact
Number
indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet Area of
Impact
(acres)
#1414 Ditch class. as RPW Ditch Plugging N/A 25' 50 0.42
#15416 Ditch class. as RPW Ditch Plugging N/A 25' 100 0.12
Al Ditch class. as RPW Ditch Fill N/A 25' 4,000 2.30
M1 Ditch class. as RPW Ditch Fill N/A 25' 3,000 1.72
Total Stream Impact (by length and acreage) 7,900 4.56
5. 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- hnikheadc 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) N/A
Updated 11/1/2005
Page 8 of 12
6. List t.
ie cumulative impact to all Waters of the U.S. resulting trom the project
Stream Impact (acres): .56
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet): 7,900
7. Isolated Waters N/A
Do any isolated waters exist on the property? ? Yes 0 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.
8. Pond Creation N/A
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
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. Proposed impacts are unavoidable
due to the type of project proposed. In order to restore and enhance non-riverine and riverine wetlands formerly occurring
on the property (via hydrologic restoration), the identified canals/ditches must be be plugged and filled.
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.
Updated 11/1/2005
Page 9 of 12
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.
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
htlp://l12o.ei,ir.state.ne.us/ncwetlands/striiilzide.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.
In light of the net benefit of large-scale restoration, no mitigation for impacts to jurisdictional tributaries (RPWs) is
proposed given the overall project goal of restoring 4,300 acres of the Rutman Creek Watershed. This project
should not require mitigation since it stands as the proposed mitigation for the PCS Phosphate mining project.
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 httL)://h2o.enr.sttte.ne.us/wfl:)/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): NSA
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):
Updated 11/1/2005
Page 10 of 12
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 X?
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)
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
(Neuse), 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 ?X
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.
Impact Required
Zone* , Multiplier
1 I 1 3 (2 for Catawba)
2 1.5
Total
* 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. N/A
Updated 11/1/2005
Page 11 of 12
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. No impervious coverage is proposed in conjuction with this
project.
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.
No wastewater will be generated by this project.
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 x?
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 x?
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:
The project is part of a -4,300 acre mitigation project that will include the restoration, enhancement and
preservation of the Rutman Creek Watershed. The mitigated land will be placed into a perpetual conservation
easement.
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).
N/A
Applicant/Agefft 's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 12 of 12
l''V I I.YJQ YYL I LlAINUJ I\L1JllV1\liL I?LIV I CF\
V I`uU V .I V.7I Y.L
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
Iiwe, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent
in the determination of jurisdictional wetland boundaries on the subject property,
e' By way of this form, I/we additionally authorize access to the
site by representatives of the US Army Corps of Engineers (COE) andior the NC
Division of Coastal Management (NC DCM) for the purpose of reviewing the flagged
wetland boundary and providing a final jurisdictional determination. Any questions
regarding the jurisdictional wetland determination should be directed to Land
Management Group, Inc.
Please provide the following information:
Property Address and Parcel ID Number:
Current Property Owner Name:
Owner Address & Phone Number:
Please circle Yes or No for the following questions:
CNo
I/We are the current owners: W, e are under contract to purchase the subject prope , es' No
V 'We are under option to purchase the subject property' Yes No
(NOTE: Site access wW be restricted without noticelauthorization by current owner)
Owner's Signature
(require fir OE review of wetland delineation)
Date
P t A plicagnVs acne
I
k pp is t s Signature
"3 6 Ap
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Table 1. Proposed Ditch Plugs
Plug Number Plug Length Groud Elevation (MSL) Invert Elevation (MSL) Phase
1 50 5.9 5.4 1
2 50 5.9 5.4 1
3 50 7.1 6.3 1
4 50 7.4 6.4 1
5 50 7.4 5.4 1
6 50 7.4 6.5 1
7 50 7.1 6.2 2
8 50 7.5 6.7 2
9 50 7.9 7.0 2
10 50 7.2 7.0 2
11 50 7.8 7.0 3
12 50 7.8 6.8 3
13 50 7.8 6.5 3
14 50 7.2 6.2 3
15 100 7.2 6.0 3
16 100 6.1 5.0 3
Al 4,000 7.1-4.6 6.2-3.6 3
M 1 3,000 7.3-4.6 6.4-4.0 3
TOTAL 7,900
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