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HomeMy WebLinkAbout20180422 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:* Montgomery 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?* Laura Fogo 1b. Primary Contact Email:* laura_fogo@fws.gov 1c. Primary Contact Phone:* (xxx)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: Edwards Timber Company, Incorporated 2b. Deed book and page no.: 719 206 2c. Responsible party: (for Corporations) Jeff Edwards 2d. Address Street Address P.O. Box 219 Address Line 2 City Marshville Postal / Zip Code 28103 2e. Telephone Number: (XXX)XXX-XXXX 2f. Fax Number: ()=)XXX-XXXX 2g. Email Address:* jasonlefler@ewpi.com 4. Agent/Consultant (if applicable) 4a. Name: Laura Fogo 4b. Business Name: (if applicable) US Fish and Wildlife Service, Sandhills ES Sub Office 4c. Address State/ Province/ Region NC Country USA Street Address P.O. Box 119 Address Line 2 aty State/ Province/ legion Southern Pines NC Postal / Zip Code Country 28388 USA 4d. Telephone Number: (704)695-5947 (xxx)xxx-xxXX 4e. Fax Number: (910)695-3322 (xxx)xxx-xxxx 4f. Email Address:* laura_fogo@fws.gov Agent Authorization Letter* Reese provide the Agent Authorization Letter if you are subnitting this docurrent. Edwards Timber Co—signed LO agreement_20180321.pdf 1.49MB RLETYPE M 67 BE PF C. Project Information and Prior Project History 1. Project Information 1a. Name of project:* Densons Creek Wet Ford Replacement & Stream Enhancement Project 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town:* Troy 1d. Driving directions* If it is a new project and can not easily be found in a CPS rrapping system Reese provide directions. From Biscoe, NC traveling W toward Troy on NC HWY 24-24, turn right onto Glenn Road. Look for first USFS gate on the right. Request access from Uwharrie Ranger District or walk down gravel road until you get to Densons Creek existing ford. 2. Project Identification 2a. Property Identification Number: (tax RN or parcel ID) 754900707565 2b. Property size: (in acres) 461 2c. Project Address Street Address Glenn Road, USFS Densons Creek Access Address Line 2 aty State / Province / Region Troy NC Postal / Zip Code Country 27371 USA 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:* 35.21841N -79.51123W ex: 34.208504 -77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Densons Creek 3b. Water Resources Classification of nearest receiving water:* C Surface Water Lookup 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 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:* Between USFS Uwharrie National Forest and Edwards Timber Company lies an existing vented dry ford. This bridge consists of a slab of coarse gravel aggregate concrete pierced by thirteen, 20 -inch diameter round concrete culverts. It is 40 feet in length and 12 feet across. This structure is pitched about five degrees from upstream to downstream. The land use federally protected national forest with outdoor recreational focus, and private silvaculture forestry activities. /13 pipe culvert crossing, constructed of concrete and native rock more than 50 years ago. This barrier has historically been, and is currently being used to access logging roads to private timber landowners through the Uwharrie National Forest. This structure obstructs fish passageway and isolates populations of state rare mussel species. The structure creates an unnatural vertical flow barrier for fish. The crossing structure has evidence of being undermined making the culvert pipes higher. Downstream there is evidence of streambank scour, over - widening, and scour pools are being created along both streambanks where the concrete structure is connected to the banks/bedrock. The ford is a slab of coarse gravel aggregate concrete pierced by thirteen, 20 -inch diameter round concrete culverts. The ford crossing is 40 feet in length and 12 feet across. The concrete road surface cover slab on top of the culverts is about eight inches. The structure is pitched about five degrees from upstream to downstream. The land use is silvacultrual forestry activities, and permanently protected USFS property, and outdoor recreation. 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 docurrent Densons Creek Topo.pdf File type mast be pdf 798.27KB 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) Click the upload button or drag and drop files here to attach docurrent Densons Creek _20180315_16411804253_216_Soil_Map.pdf 758.31 KB File type rrust be Of 4d. List the total estimated acreage of all existing wetlands on the property: 0 4e. List the total estimated linear feet of all existing streams on the property: (internittent and perennial) over 500 linear feet 4f. Explain the purpose of the proposed project:* The Piedmont Conservation Council and the US Fish and Wildlife Service with assistance from the Uwharrie National Forest, Edwards Timber Co., and consulting engineers and contractors propose to conduct stream restoration in Densons Creek to improve aquatic habitat, fish passage, and natural stream equilibrium while at the same time replace the existing bridge to allow logging truck passage. 4g. Describe the overall project in detail, including indirect imapacts and the type of equipment to be used:* The project plan is to remove the ebsting concrete barrier; construct a new wet -ford crossing to allow normal flows over the top for aquatic passage; and install a series of cascading rock vanes downstream to enhance aquatic habitat while stabilizing the wet ford crossing. Indirect impacts include working in the stream channel which is unavoidable. Equipment used are trackhoes. 4h. Please upload project drawings for the proposed project. aick the upload button or drag and drop files here to attach document 70%-DensonsCreekFishPassage-20180316.pdf 3.35MB File type crust be pdF 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? * f Yes r No r Unknown Comments: The stream channel is depicted in the longitudinal profile in the engineered drawings. 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: Example: SAW -2017-99999 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 5d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5d1. Jurisdictional determination upload aick the upload button or drag and drop files here to attach document File type rust be FDF 6. Project History 6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past?* f Yes r No r Unknown 7. Future Project Plans 7a. Is this a phased project?* f Yes r 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 V Streams -tributaries r- Buffers r- Open Waters r- 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. Reason for impact*3b.lmpact 3c. Type of impact *3d. Stream name * 3e. Stream 3f. Type of 3g. Stream 3h. Impact s type* Type* Jurisdiction* width* length* S1 Barrier removal; P Stabilization Densons Creek Perennial Both 60 200 1 logging bridge Ferrranent (P) or Perennial (FffP� or Average (feet) (linear feet) 2 replacement Tanporary(1) intermttent(INT) Ivbp label (e.g. Fbad Crossing 1) 0 0 0 ** All Perennial or Intermittent streams must be verified by DWR or delegated local government 3i. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 200 31. Total temporary stream impacts: 0 311. Total stream and tributary impacts: 200 3j. Comments: Impacts are necessary to remove the aquatic barrier, re-establish a logging wet ford and establish stable stream bank conditions. 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:* Impacts are unavoidable to achieve barrier removal and to reconstruct a suitable logging bridge, at the same time restore natural stream conditions. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* Construction will take place only in the areas needed to remove the eAsting bridge fill material, and tore -construct the newwet ford within the new alignment with suitable old bridge material, and local native boulders. During cascade rock vane construction, base flow water will be diverted away from excavation using a cobble berm. 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? f Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: This is a USFWS driven voluntary project to benefit rare aquatic species with cooperating landowners to restore aquatic organism passage and natural stream conditions while also providing a suitable new wet ford crossing for silvaculture operations. 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: This restoration project will not impact the riparian buffer but improve it. No buffers will be removed except for privet. Benefits from project include: Improved stability of logging road approaches thus reducing erosion and sediments from entering the waterway; install rolling dips according to NCFS BMP's; conduct other BMP practices to include new gravel roadway approaches and redirecting water flows into the wooded buffers; reduce non -point source discharge into the creek to improve the aquatic environment. Restore the scoured, vertical stream bank re -shaping it to bank full width, then planting it with native woody vegetation. Improve natural stream morphology and flow conditions to be more consistent throughout the year thus reducing separation of species. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? r Yes f• 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? * r 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)?* r Yes r No Comments:* The Service and the USFS have fulfilled all NEPA requirements within their internal review within their agencies for this project, and those records are available if needed -This PCN will circulate to the State Clearing House for approval. Project plans have been provided to the Corps and the NCDWR as a pre -notification. They were also provided to the commenting agencies. Some agencies have been involved in the advisory team during the design phase of the project for comment. 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?* r Yes r No 3b. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* f Yes r 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 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* r Yes r No r Unknown What Federal Agency is involved? US Forest Service Uwharrie Ranger District 5e. Is this a DOT project located within Division's 1-8?* r Yes f No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?* USFWS database, NC Natural Heritage Program portal. Onsite aquatic and plant survey conducted by Service and USFS biologists determined there are no federally listed endangered species ebst within the project area. An Intra -Service Section 7 consultation was initiated and the determination is no effects. 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?* NC Natural Heritage Program database and https://www.habitat.noaa.gov/protection/efh/efhmapper/index.html. 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/hpoweb/ 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? * A Phase I archaeological survey was conducted in the area of potential effects by New South Associates. NCSHPO and the designated tribes reviewed the no impact determination report and agreed. In addition, an architectural survey was also conducted to determine if the existing bridge was eligible for the national register and it is not. See attached reports. 7c. Historic or Prehistoric Information Upload aick the upload button or drag and drop files here to attach document ER 16-2108.pdf 159.69KB Letter Report Densons Creek2017April24_final (2).pdf 6MB Densons Creek Addendum final.pdf 17.35MB File must 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?* w= Yes r No 8b. If yes, explain how project meets FEMA requirements: No change is expected in the channel/floodplain cross section to cause a map revision. By removing the outdated existing logging bridge barrier, flooding is estimated to be reduced verses being impeded and impounding water now. One of the purposes of the project is to replace the existing 404 (f) exempt silvicultural logging bridge with a new 404 (f) exempt wet ford to remove the aquatic barrier, allowing more free water flow, aquatic life passage, and the objective to safely cross logging trucks to continue sustainable forest management. The purpose of the downstream cascade boulder structure is to safely secure the wet ford for grade control, and allow aquatic life upstream over the wet ford. The final design is planned to build a no rise condition. 8c. What source(s) did you use to make the floodplain determination?* FIRM Flood Insurance Rate Map NC Panel 7548 https://msc.fema.gov/portal Miscellaneous Miscellaneous attachments not previously requested. Qickthe upload button or drag and drop files here to attach document Uwharrie National Forest SKM_C364e18031607490.pdf 852.32KB USFWS_signed nepachecklist_3_16_18.pdf 71.32KB USFWS_Intra-section 7_20170615101727.pdf 4.38MB File rust be FDF or KrVZ 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:* Laura M. Fogo Signature Initial Review ............................................................................................................................................................................ Is this project a public transportation project?*(? f Yes r No Change only ff needed. Has this project met the requirements for acceptance in to the review process?* r Yes f No BIMS # Assigned* 20180422 Version#* 1 Reviewing Office* Fayetteville Regional Office - (910) 433-3300 Select Project Reviewer* Chad Turlington:eads\ccturlington Is a payment required for this project?* f No payment required f Fee received r Fee needed - send electronic notification What amout is owed?* f $240.00 G $570.00