Loading...
HomeMy WebLinkAbout20090243 Ver 1_401 Application_20090309HAL OWEN & ASSOCIATES, Il*;C. SOIL & ENVIRONMENTAL SCIENTISTS P.O. Box 400, 266 Old Coats Road Lillington, NC 27546-0400 Phone (910) 893-8743 / Fax (910) 893-3594 E-mail: service@halowensoil.com 23 February 2009 NC DWQ 401/Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 09-0243 et4 P A f Reference: Request for Authorization of Impacts to Jurisdictional Waters (NWP 14) For proposed Womble Mine (225 Acres), ST Wooten Corps, Harnett County, NC USACE AID# SAW-2008-02327 Dear DWQ, The proposed sand mining operation referenced above requires a haul road to be constructed across jurisdictional waters that will impact 99 linear feet of an intermittent stream and 0.07 acre of wetland. Approval for the proposed impacts is sought under NCDWQ Water Quality Certification Number 3704. Five (5) copies of the Pre-Construction Notification (PCN) and a check for $240 for the application fee are enclosed. If you have any questions or need additional information, feel free to contact me at your convenience. Sincerely, ?? ? K P.c??'C9yw?? Krissina B. Newcomb Project Environmental Scientist I CC: R. S. Lawter, Jr. S.T. Wooten Corporation Post Office Box 2408 Wilson, NC 27894-2408 QR @ c?odr= I MAR 1 0 2009 DENR . WATER QUALITY MIETLANDS AND STORMTER BRANCH Soil Science Investigations • Wetland Delineations, Permitting, and Consulting HAL OWEN & ASSOCIATES, INC. SOIL & ENVIRONMENTAL SCIENTISTS P.O. Box 400, 266 Old Coats Road Lillington, NC 27546-0400 Phone (910) 893-8743 / Fax (910) 893-3594 E-mail: service@halowensoil.com Mrs. Emily Hughes Wilmington Regulatory Field Office US Army Corps of Engineers Post Office Box 1890 Wilmington, NC 28402-1890 23 February 2009 Qr=3 c?c?ad?? MAR 1 0 2009 DENR - WATER Q WM WETLWS AND STORMWATER BRANCH Reference: Request for Authorization of Impacts to Jurisdictional Waters (NWP 14) For proposed Womble Mine (225 Acres), ST Wooten Corps, Harnett County, NC USACE AID# SAW-2008-02327 Dear Mrs. Hughes, The enclosed Pre-Construction Notification (PCN) has been prepared for the above referenced property, located at the end of McKoy Town Road (SR 1105), Johnsonville Township, Harnett County, North Carolina. The site contains several wetland drains, one of which bisects the property from east to west creating a northern and southern half. The proposed sand mining operation requires a 30-foot wide haul road to be constructed across the wetland drain to access the southern half. The haul road will impact 99 linear feet of an intermittent stream and 0.07 acre of wetland. The proposed project appears to comply with the requirements and conditions of USACE Nationwide Permit 14. In the PCN previously submitted (22 October 2008) and withdrawn, the proposed haul road was anticipated to impact 126 linear feet of intermittent stream and 3544 sgft of jurisdictional waters (streams and wetlands). The haul road has been redesigned by lowering the road elevation and increasing the shoulder slopes to reduce impacts. A narrower road bed was considered but determined to be insufficient to support the volume of trucks and equipment expected to use the crossing safely. It is our belief that all practical attempts to minimize and avoid impacts have been employed and that additional mitigation to compensate for adverse environmental impacts is not necessary. Soil Science Investigations • Wetland Delineations, Permitting, and Consulting HAL OWEN & ASSOCIATES, INC. I trust that this provides all the information that you require to evaluate the enclosed PCN. If you have any questions or need additional information, please feel free to contact me at your convenience. Sincerely, Kn;o,?,-W\ot- :3t- ??- Krissina B. Newcomb Project Environmental Scientist I CC: NC DWQ 401/Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 R. S. Lawter, Jr. S.T. Wooten Corporation Post Office Box 2408 Wilson, NC 27894-2408 Soil Science Investigations • Wetland Delineations, Permitting, and Consulting Corps Submittal Cover Sheet Please provide the following info: 1. Project Name: Womble Mine (previously S.T. Wooten - McKoy Town Road) 2. Name of Property Owner/ Applicant: S.T. Wooten Corporation 3. Name of Consultant/ Agent: Hal Owen and Associates, Inc. *Agent authorization needs to be attached 4. Related/ Previous Action ID number(s): none 5. Site Address: end of McKoy Town Rd. (SR 1105) 6. Subdivision Name: na 7. City: Johnsonville 8. County: Harnett 9. Lat: 35.25766 N Long -79.14335 W (Decimal degrees Please) 10. Quadrangle Name: Murchisontown, NC 11. Waterway:- Buffalo Creek (NC Stream Index # 18-23-18) 12. Watershed: Upper Cape Fear (HUC #03030004) 13. Requested Action: X Nationwide Permit # 14 General Permit # -Jurisdictional Determination Request -Pre-Application Request The following information will be completed by the Corps office: AID: Prepare File Folder Assign number in ORN Begin Date Authorization: Section 10 Section 404 Project Description/ Nature of Activity/ Project Purpose: Site/ Waters Name: Keywords: 09-0243 o??F W A TFRpG J -i O Y Office Use Only: Corps action ID no. DWQ project no. Form Version 1.0 November 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing tX It 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ® Yes ? No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes ® No For the record only for Corps Permit: ? Yes N No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: Womble Mine 2b. County: Harnett 2c. Nearest municipality / town: Cameron 2d. Subdivision name: NA 2e. NCDOT only, T.I.P. or state .ct n pr vjc?.? o: NA 3. Owner Information 3a. Name on Recorded Deed: Diane T. Womble 3b. Deed Book and Page No. 00923-0651 3c. Responsible Party (for LLC if applicable): 3d. Street address: 385 AC Morrison Road 3e. City, state, zip: Lillington, NC 27546 3f. Telephone no.: 910-890-1010 3g. Fax no.: 3h. Email address: Page 1 of 11 PCN Form - Version 1.0 November 2008 Version Section A. Applicant Information, continued 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ? Other, specify: 4b. Name: Mr. R. S. Lawter, Jr. 4c. Business name (if applicable): S.T. Wooten Corporation 4d. Street address: Post Office Box 2408 4e. City, state, zip: Wilson, NC 27894-2408 4f. Telephone no.: (252) 291-5165 4g. Fax no.: (252) 243-0900 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Hal Owen 5b. Business name (if applicable): Hal Owen & Associates, Inc. 5c. Street address: Post Office Box 400 5d. City, state, zip: Lillington, NC 27546 5e. Telephone no.: 910-893-8743 5f. Fax no.: 910-893-3594 5g. Email address: service@halowensoil.com Page 2 of 11 PCN Form - November 2008 Version B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): 9554-59-7597.000 1b. Site coordinates (in decimal degrees): 35.25766'N - 79.14335'W 1 c. Property size: 225 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Buffalo Creek 2b. Water Quality Classification of nearest receiving water: WS-III 2c. River basin: Upper Cape Fear (HUC #03030004) 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site is composed predominantly of recently abandoned pastures with areas of early to mid successional forest on the eastern portion of the property. Land use in the area is primarily forest, agriculture, and residential. There is a commercial tire disposal site (monofill) abutting the property to the west. 3b. List the total estimated acreage of all existing wetlands on the property: 30.57 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 10,375 linear feet 3d. Explain the purpose of the proposed project: A new surface mining operation is proposed at this site. Gravel haul roads will be constructed to allow transportation of equipment and mined materials between Pits 1 and 2 and the entrance. No other improvements are planned. 3e. Describe the overall project in detail, including the type of equipment to be used: Sand and barrow material will be excavated using backhoes and trucks. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations b the y Corps or State been requested or obtained for this property / ® Yes ? No ? Unknown project (including all prior phases) in the past? 4b. If the Corps made the jurisdictional determination, what type of determination was made? ? Preliminary ®Final A .. If .,-- ko .J., 1.....li ea..}e...d J }U?., Ie jurisdictional ..i areas? n ,yr,O, wi w Uen Agency/Consultant Company: Hai Owen & Associates Inc Name (if known): Chris Leach and Hal Owen Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation . 24 November 2008, USACE AID# SAW2008-02327 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ®Yes El No El Unknown 5b. If yes, explain in detail according to "help file" instructions. PCN dated 21 October 2008 submitted to Corps of Engineers for 126 linear feet of stream impact and 0 073 acre of . wetland impact. PCN deemed incomplete/withdrawn 28 Jan 2009. 6. Future Project Plans 6a. Is this a phased project? ?Yes No 6b. If yes, explain. Page 3 of 11 PCN Form - Version 1.0 November 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ® Streams - tributaries ? Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of Type of wetland Forested (Corps - 404, Area of impact (acres) Permanent (P) or impact (if known) DWQ - non-404, other) Temporary W1 ®P ? T culvert and fill headwater forest ® Yes ? No ® Corps ® DWQ 0.07 W2 ? P ? T ? Yes ? No ? Corps ? DWQ W3 ? P ? T ? Yes ? No ? Corps ? DWQ W4 ? P ? T ? Yes ? No ? Corps ? DWQ W5 ? P ? T ? Yes ? No ? Corps ? DWQ W6 ? P ? T ? Yes ? No ? Corps ? DWQ 2g. Total wetland impacts 0.07 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. Stream impact Type of Stream name Perennial (PER) or Average stream width (feet) Impact number - impact intermittent (INT)? length Permanent (P) or (linear feet) Temporary (T) culvert S1 IRI P ? T and UT ? PER ISZI INT 2 99 dissipator S2 ? P ? T ? PER ? INT S3 ?P?T ?PER ?INT S4 ?P?T ?PER ?INT S5 ?P?T ?PER ?INT S6 ?P?T ?PER ?INT 3g. Total stream and tributary impacts 99 3h. Comments: Page 4 of 11 PCN Form - Version 1.0 November 2008 Version C. Proposed Impacts Inventory, continued 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individual) list all o en water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of impact number waterbody Type of impact Waterbody type Area of impact (acres) - Permanent (if (P) or applicable) Temporary 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T M. Total open water impacts 4g. Comments: Page 5 of 11 PCN Form - November 2008 Version C. Proposed Impacts Inventory, continued 5. Pond or Lake Construction If and or lake construction pro osed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or Wetland Impacts (acres) Stream Impacts (feet) Upland b (acres) num er purpose of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then ou MUST fill out Section D of this form. 6a. ? Neuse ? Tar-Pamlico ?-Other: Project is in which protected basin? ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number- Reason Buffer Zone 1 impact (square Zone 2 impact Permanent (P) for impact Stream name mitigation feet) (square feet) or Temporary required? B1 ?P?T ?Yes ?No 62 ?P?T ?Yes ?No B3 ?P?T ?Yes ?No 6h. Total buffer impacts 6i. Comments: Page 6 of 11 PCN Form- November 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The road approaches the stream at a near perpendicular angle (81 °). The original road design has been modified to reduce impacts by lowering the road elevation by 2 feet and by increasing the fill slope from 3:1 to 2:1. The proposed road crossing is located near the property line towards the head of the drainageway where it is narrowest. Because the drainageway bisects the property, it must be crossed to access the southern half of the property. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Silt fence will be installed at the top of the pipe and at the toe of the slope to control erosion. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ® No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank El Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: warm, cool, cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h.. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form - Version 1.0 November 2008 Version D. Impact Justification and Mitigation, continued 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ? Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone Reason for impact Total impact (square feet) Multiplier Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 Total buffer mitigation required: 6c. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6d. Comments: Page 8 of 11 PCN Form - November 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ? Yes ®No 1b. If yes, then is a diffuse flow plan included? ? Yes ? No 2. Determination if the Project Requires a Stormwater Management Plan 2a. Does the project require a Non-404 Jurisdictional General Permit? ? Yes ® No 2b. Is the project subject to General Certification 3704 or 3705? ® Yes ? No 3. Determination of Stormwater Review Jurisdiction 3a. Is this project subject to any of the following state-implemented stormwater ? Coastal counties management programs (check all that apply)? ? HQW If so, attach one copy of the approval letter from the DWQ and one copy of the ? ORW ? S i approved stormwater management plan. ess on Law 2006-246 ? Oth er: 3b. In which local government's jurisdiction is this project? Harnett County 3c. Is this local government certified to implement a state stormwater program? ? Yes ® No If so, attach one copy of the approval letter from the local government and one copy of the approved stormwater management plan (or one copy of the approved Stormwater management plan stamped as approved). 4. Information Required for DWQ 401 Unit Stormwater Review 4a. What is the overall percent imperviousness according to the most current site plan? 0.006% 1.3 out of 225 acres 4b. Does this project contain any areas that meet the criteria for "high density" per General Certifications 3704 and 3705? ? Yes ®No 4c. If the site is over 24% impervious and/or contains high density areas, then provide a brief narrative description of the stormwater management plan. 4d. Has a completed BMP Supplement Form with all required items been submitted for each stormwater BMP? ? Yes ? No Page 9 of 11 PCN Form - Version 1.0 November 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the f ? Yes ®No use o public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ? Yes ? No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? ? Yes No 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. Mine operations will conform to the conditions of the surface mining permit issued by Land Quality Section, including sediment and erosion control measures and implementation of a reclamation plan. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. No wastewater will be generated onsite. Page 10 of 11 PCN Form - Version 1.0 November 2008 Version F. Supplementary Information, continued 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ? No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act El Yes ® No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. ? Raleigh ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? US Fish and Wildlife Service list for Harnett County (http://www.fws.gov/nc-es/es/es.html) NC Natural Heritage Program list for Murchisontown Quadrangle (http://www.ncnhp.org/Pages/heritagedata.htmi) Picoides borealis is the only species to appear on both lists (in the overlap). 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat9 http://ocean.floridamarine.org/efh-coral/ims/viewer.htm 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation t t ? Yes No s a us (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? hftp://www.hpo.dcr.state.nc.us 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? http://www.ncfloodmaps.com Hal Owen Applicant/Agent's Printed Name pplicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant Date is rovided. Page 11 of 11 PCN Form - November 2008 Version Table of Figures Figure 1. Vicinity Map Figure 2. USGS 7.5 Minute Topographic map (Murchisonton Quad) Figure 3. NRCS Soil Survey Figure 4. Overall Site With Impacts Figure 5. Haul Road Plan @ Stream Crossing Figure 6. Haul Road Section @ Stream Crossing List of Attachments Agent Authorization Letter DWQ Stream Identification Form for tributary at Impact S1 USACE Notification of Jurisdictional Determination List of Endangered or Threatened Species recorded in vicinity Hal Owen & Associates Inc. Womble Mine (ST Wooten) PO Box 400, Lillington, NC 27546 Pre-Construction Notification Ph. (910) 893-8743 www.halowensoil.com February 2009 Figure 1. Vicinity Map ._ a sITI 517 ? 7? _11N Hal Owen & Associates Inc. Figure 1 Womble Mine (ST Wooten) PO Box 400, Lillington, NC 27546 Pre-Construction Notification Ph. (910) 893-8743 www.halowensoil.com February 2009 Figure 2 USGS 7.5 Minute Topographic Map zf? .0. • c QUACRAU15L£ LOCATION Scale 1:24000 H eaWPd uty__..___,, Medium-duty _._._. J t U. S. Route Light-duty.._._,._ UnimpnNeJ dirt .' ._===e ? State Route MURCHISONTO N, N. C. N3515 W790T5/7.5 1157 pHO-'}-O )7^ D 1981 N nua Ciff:i I QW-PPRIFR VR42 Hal Owen & Associates Inc. Figure 2 PO Box 400, Lillington, NC 27546 Ph. (910) 893-8743 www.halowensoil.com Womble Mine (ST Wooten) Pre-Construction Notification February 2009 ROAD CLASSIFICATON Figure 3 NRCS Soil Survey Map Scale 1:24000 http://websoilsurvey.nrcs.usda.gov/apr)/ Hal Owen & Associates Inc. Figure Womble Mine (ST Wooten) PO Box 400, Lillington, NC 27546 Pre-Construction Notification Ph. (910) 893-8743 www.halowensoil.com February 2009