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HomeMy WebLinkAbout20180322 Ver 1_401 Application_20180318DWR Division of water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) January 31, 2018 Ver 2.3 Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of the E -PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https:lledocs.deq.nc.govMaterResources101edocl6247041PCN%20Help%20File%202018-1-30.pdf A. Processing Information County (or Counties) where the project is located:* Lee Is this project a public transportation project?*(?) f Yes f• No 1a. Type(s) of approval sought from the Corps:* V Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization?* r% Nationwide Permit (NWP) r Regional General Permit (RGP) Nationwide Permit (NWP) Number: 27 - Restoration NWP Number Other: List all NW numbers you are applying for not on the drop dow n list. 1c. Type(s) of approval sought from the DWR:* check all that apply W 401 Water Quality Certification - Regular r 401 Water Quality Certification - Express F Non -404 Jurisdictional General Permit r Riparian Buffer Authorization * 1d. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: C Yes O No O Yes O No 1e. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? V so, attach the acceptance letter from rr tigation bank or in -lieu fee program r Yes F No 1f. Is the project located in any of NC's twenty coastal counties?* r Yes r No 1h. Is the project located in a designated trout watershed?* f Yes r No Link to trout information: http://v wv.saw.usace.army.mil/Missions/Regulatory-Permit-Prograni/Agency-Coordination/Trout.aspx B. Applicant Information 1a. Who is the Primary Contact?* Ian Eckardt 1b. Primary Contact Email:* ieckardt@vvildlandseng.com 1c. Primary Contact Phone:* ()=)XXX-XXXX 1d. Who is applying for the permit? F' Owner r Applicant (other than owner) V Agent/Consultant (Check all that apply) 2. Owner Information 2a. Name(s) on recorded deed: Christopher Wood 2b. Deed book and page no.: DB: 511 / PN: 609 2c. Responsible party: (for Corporations) 2d. Address Street Address 499 Lick Creek Road Address Line 2 City Sanford Postal / Zip Code 27330 2e. Telephone Number: (xxx)xxx-xxxx 2f. Fax Number: 2g. Email Address:* woodfarm71 @gmail.com 4. Agent/Consultant (if applicable) 4a. Name: Ian Eckardt 4b. Business Name: (if applicable) Wildlands Engineering 4c. Address State/ Province/ Region NC Country us Street Address 1430 South Mint Street, Suite 104 Address Line 2 aty Charlotte Postal / Zip Code 28203 4d. Telephone Number: (704)332-7754 (xxx)xxx-xxxx 4e. Fax Number: (704)332-3306 ()=)XXX-XXXX 4f. Email Address:* ieckardt@wildlandseng.com State/ Province/ legion NC Country us Agent Authorization Letter* Reese provide the Agent Authorization Letter if you are submitting this docurrent. Agent Authorization Signed - DRATS (Wood Site).pdf 2.15MB RLETYPE MJST BE PF C. Project Information and Prior Project History 1. Project Information 1a. Name of project:* Disaster Recovery Act Technical Services (DRATS) - Stream Repair/Restoration Project (Chris Wood Site) 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town:* Sanford 1d. Driving directions* If it is a new project and can not easily be found in a GPS napping system Pease provide directions. Project area is located immediately north of the Lick Creek Road crossing over Lick Creek. The parcel address is 417 Lick Creek Road Sanford, NC 27330. 2. Project Identification 2a. Property Identification Number: (tax PN or parcel ID) 9664-40-4577-00 2b. Property size: (in acres) Total property is 31 acres however the project area is only 2.1 acres. 2c. Project Address Street Address 417 Lick Creek Road Address Line 2 City State/ Province/ Region Sanford NC Postal / Zip Code Country 27330 US 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how the location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude:* Longitude:* 35.489178 -80.846628 ex: 34.208504 -77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Lick Creek 3b. Water Resources Classification of nearest receiving water:* WS -Iv Surface Water Lookup 3c. What river basin(s) is your project located in?* Cape Fear River Basin Lookup 4. Project Description 4a. 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 project is located in a primarily rural watershed in central Lee County approximately 4 miles northeast of Sanford, North Carolina. The project area includes a section of Lick Creek with numerous unstable, eroding stream banks. Land uses surrounding the project area includes forest, agriculture, and single family residential. 4b. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) aick the upload button or drag and drop files here to attach document Figure 2 - USGS Map.pdf 1.32MB Rle type must be pdf 4c. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) aick the upload button or drag and drop files here to attach document Figure 5 - Soils Map.pdf 1.42MB File type must be pdf 4d. List the total estimated acreage of all existing wetlands on the property: No wetlands within the project area. 4e. List the total estimated linear feet of all existing streams on the property: (intemittent and perennial) 1,395 linear feet 4f. Explain the purpose of the proposed project:* The project seeks to stabilize and enhance 1,112 linear feet of Lick Creek on the Wood property that e)perienced damage from Hurricane Matthew. Fallen trees and eroding sections of stream bank are common on the project reach. 4g. Describe the overall project in detail, including indirect imapacts and the type of equipment to be used: The proposed work involves removing fallen trees and stream enhancement to approAmately 1,112 linear feet of Lick Creek. Proposed stream enhancement will involve natural channel design techniques including the construction of in -stream structures and reshaping of bed material to center flow within the channel. In -stream structures will include angled log sills, boulder spur vanes, and log vanes to improve stream functionality and stability. Banks will also be stabilized with a a combination of bank grading and engineered structures. Bank grading will involve laying back banks at a 3:1 ratio, seeding, matting, and planting with native riparian species. Additional bank stabilization will involve engineered structures including vegetated soil lifts, brush toe, and spot riprap toe protection. 4h. Please upload project drawings for the proposed project. nick the upload button or drag and drop files here to attach docurrent DRATS - Stream Repair (Wood Site) - Plans.pdf 3.32MB File type rrust be pdr 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* O Yes f No r Unknown Comments: Widlands Engineering delineated potential waters of the US during a site visit on 1/15/18. 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Unknown F N/A Corps AID Number: Exarrple: SAW -2017-99999 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Ian Eckardt Wildlands Engineering 5d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5dl. Jurisdictional determination upload aick the upload button or drag and drop files here to attach docurrent File type mast be FDF 6. Project History 6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ( Yes C No r Unknown 7. Future Project Plans 7a. Is this a phased project?* r Yes C No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. D. Proposed Impacts Inventory ............................................................................................................................................................................................................................................................................................................................................................... 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): r Wetlands W Streams -tributaries r Buffers F Open Waters F Pond Construction 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. Site # - Reason for 3b.lmpact 3c. Type of impact* 3d. Stream name* 3e. Stream 3f. Type of 3g. Stream 3h. Impact s fe impact* type* Type* Jurisdiction* width* length* S1 T Stabilization Lick Creek Perennial Both 20 299 5 Nhp label (e.g. Finad Crossing 1) Perrranent (F� or Perennial (PER) or Average (feet) (linear feet) Tenporary (T) intermittent (INT) 9 8 0 S2 T Stabilization Lick Creek Perennial Both 20 749 1 Nhp label (e.g. Fbad Crossing 1) R;rrranent () or Perennial (F13:� or Average (feet) (linear feet) 4 Tenporary (T) intermittent (INT) 9 8 0 S3 T Stabilization Lick Creek Perennial Both 20 64 1 Vlap label (e.g. Finad Crossing 1) Perrranent (F� or Perennial (PER) or Average (feet) (linear feet) Tenporary (T) intermittent (INT) 2 8 0 All Perennial or Intermittent streams must be verified by DWR or delegated local government. 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 0 3i. Total temporarystream impacts: 1,112 3i. Total stream and tributary impacts: 1112 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:* Measures to avoid and/or minimize impacts to Lick Creek include avoiding relatively stable stream sections and limiting construction access only to the immediate project area. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* Construction practices will follow guidelines from the NC Erosion and Sediment Control Planning and Design Manual. Bank grading will be conducted with caution in order to avoid spillback of graded sediments into the stream. Construction disturbance will be limited to what can be stabilized with seed, straw, and matting by the end of each work day. Stream crossings and in -stream work will be minimized to the extent feasible however in -stream work will be necessary to construct structures. If necessary, a pump around system will be employed during stream construction. 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? r Yes C No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The proposed stream enhancement work seeks to improve stream stability and functionality which should be require compensatory mitigation. F. Stormwater Management and Diffuse Flow Plan (required by DWR) *** Recent changes to the stormwater rules have required updates to this section .*** 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? f Yes C No For a list of options to meet the diffuse flow requirements, click here. If no, explain why: The project is located in the Cape Fear River basin below Jordan Lake with no applicable buffer rules. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? r Yes C No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?* r Yes f No To look up low density requirement click here 15A NCAC 02H.1003(2) G. Supplementary Information ...... ......... ......... ...... ... ........ .... . 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* C Yes r No 1b. 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 (North Carolina) Environmental Policy Act (NEPA/SEPA)?* f Yes r No Comments:* The proposed work involves stream enhancement to stabilize several sections of eroding stream bank and shouldn't have an environmental impact. The project will stabilize eroding banks which are currently contributing sediment to the watershed. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B.0200)? * r Yes r No 2b. Is this an after -the -fact permit application?* f Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?* f Yes r No 3b. If you answered "no," provide a short narrative description. This is a stream enhancement project that seeks to stabilize Lick Creek and improve downstream water quality by removing sediment sources (eroding stream banks). 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* f Yes f Nor N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* f Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5d. Is another Federal agency involved?* f Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8?* r Yes r No 5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?* r Yes r No 5g. Does this project involve bridge maintenance or removal?* f Yes r No Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf 5h. Does this project involve the construction/installation of a wind turbine(s)?** f Yes r No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?* f Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? * Wildlands reviewed the USFWS Information for Planning Conservation (IPaC) online tool to identify federally listed endangered plant and animal species that might be impacted by the project. The IPaC review listed these potential endangered species: the Cape Fear Shiner (Notropis mekistocholas), Harperella (Ptilimnium nodosum), and Red - cockaded woodpecker (Picoides borealis). No critical habitats were identified by the IPaC review. Habitat for the Cape Fear Shiner is described by the USFWS website "as generally associated with gravel, cobble, and boulder substrates". Harperella habitat is described by the USFWS website as "rocky or gravel shoals and sandbars and along the margins of clear, swift -flowing stream sections". The project stream is a sand bed system with eroding stream bank common along the project reach that doesn't appear likely to support habitat for either the Cape Fear Shiner or Harperella. The project area lacks pine stands typically used by the Red -cockaded woodpecker for nesting and roosting. Only a handful of scattered pines were observed within the wooded project area which is made up primarily of red maple (Acer rubrum), river birch (Betula nigra), and sycamore (Platanus occidentalis). 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* f Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The National Oceanic and Atmospheric Administration (NOAA) Essential Fish Habitat Mapper website was reviewed. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoveb/ 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 status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)?* f Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* The NC State Historic Preservation Office (SHPO) GIS Service (HPOWEB) was reviewed for historic resources. HPOWEB indicated the closet area with a historic designation (State or National) is the Hunter Farm (LE0249) which is located approbmately 1.2 miles to the northeast of the project area. No historic resources were present online within or immediately adjacent to the project area. During a field review by Wildlands no structures were observed in the project area. 7c. Historic or Prehistoric Information Upload Cick the upload button or drag and drop files here to attach document File mist be FDF 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: Wildlands has submitted for a floodplain development permit through the Lee County floodplain administrator. 8c. What source(s) did you use to make the floodplain determination?* North Carolina Flood Insurance Rate Map (FIRM) Panel 9664 Map Number 3710966400J revised on March 6, 2006. Miscellaneous ............................................................................................................................................................................................ Miscellaneous attachments not previously requested. Click the upload button or drag and drop files here to attach docunent DRATS - Stream Repair (Wood Site) - Memo & Figures.pdf 5.97MB DRATS - Stream Repair (Wood Site) - Photolog.pdf 1.41 MB DRATS - Stream Repair (Wood Site) - Stream & Wetland Forms. pdf 495.81 KB Rle rrust be FDF or KNE Signature rJ By checking the box and signing below, I certify that: ■ I have given true, accurate, and complete information on this form; ■ I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); ■ I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); ■ I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND ■ I intend to electronically sign and submit the PCN form. Full Name:* Ian Eckardt Signature Initial Review Is this project a public transportation project?*(? f Yes r No Change only if needed. Has this project met the requirements for acceptance in to the review process?* C Yes r No BIMS # Assigned* 20180322 Version#* 1 Reviewing Office* Raleigh Regional Office - (919) 791-4200 Select Project Reviewer* Stephanie Goss:eads\szgoss Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification What amout is owed?* r $240.00 r $570.00