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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 Datd V i! i?? i D t `..?."1,+--• ?-._"?.fd.F nu'?---?p--•-4-'- L r, ?. „ a M g % E 3 r M s E " , , u m L!? ' 3 All u. ' ?e ' OJ NOLf1N1l15tlM LL ? s i Z - o , r «. " 4 - 4 J t Al w I ? ? ahA g.?w SIN 0? 0 LL- 0 0 0 0 0 0 cli 0 0 0 M o? U_ N Q^ 1 8)00 U) U) U N .O 0- C: O .m o 0 0 N _TO a 0 0.. m ? tU? w O Y f6 U U c E d o? x ° U ? C W C U ? 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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 C f6 d C O CO O N ? a C_ N U L ? 0 N N d O 00 CL C) Y O O N N a U Sri m d E o m O L a ? a (v F ? c W O V w t ? ? N % N 04 (D 4 sO ? w c O X a=. J X O N O N a p w co ovii o w o a a o O CL o d co a ca a? Q v CU co > 0 iTL rn c (U N a U W of ra yll .?? a? c 76 J c tC u_ U O J ? N (0 ? U co U g m c O rn 3 m a a o $ N 0 Cc 0 O m U a W U , . l\l - II O a O o ? - ", II 11 2 - dj U cn f0 (n C O 'C r- 0 a) G J I B ? w 0 lil m C a v N CL a i w ?' I 9 h, I N ?Q S N 0 0 O LO II CV ? II N ? o t0 ( n N O U 'C 'C