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Home My WebLink About20181349 Ver 1_401 Application_20181220ID#* 20181349 Select Reviewer:* Mac Haupt Initial Review 12/20/2018 Completed Date Mitigation Project Submittal -12/20/2018 Version* 1 Is this a Prospectus, Technical Proposal or a New Site? * Type of Mitigation Project:* W Stream r Wetlands r Buffer r Nutrient Offset (Select all that apply) Project Contact Information ................................................................................................................................................................................................................................................... Contact Name:* Email Address:* Lin xu lin.xu@ncdenr.gov Project Information Existing 20181349 (DWR) (nunbersonly ...nodash) ID#:* Project Name: Mill Dam Creek Restoration Site County: Yadkin Document Information Mitigation Document Type:* Mitigation Plan Existing Version: (nurnbersonly) File Upload: Mill Dam Mit Plan final 2018_12_07.pdf 1.0 MillDamCreek 404_401_ Impact_Figure_v3.pdf 2.0 JD Approval Letter Mill Dam (Preliminary).pdf 3.0 Mill Dam Creek - CE Report - FINAL.pdf 4.0 Comment letters IRT_DMS.pdf 4.1 Draft Mit Plan Comment 4.1 Memo Mill Dam Creek Site_SAW-2016-01335.pdf eApproval Letter Mill Dam Creek_SAW-2016- 01335. pdf MillDamCreek401 FeeMemo.pdf MillDamCreek401 Winston. pdf 34.51 MB 5.34MB 334.55KB 4.38MB 638.57KB 95.82KB 93.12KB 54.65KB 51.25KB MillDamCreekPCN.pdf 701.92KB Rease upload only one RDF of the corrplete file that needs to be submtted... Signature Print Name:* Lin Xu Signature:* yy ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director MEMORANDUM: TO: FROM: SUBJECT: DATE: NORTH CAROLINA Environmental Quality Summer Lowe Lin Xu L� Payment of Permit Fee 401 Permit Application December 19, 2018 The Division of Mitigation Services (DMS) is implementing a mitigation project for Mill Dam Creek Restoration Site Mitigation Project in Yadkin County (DMS IMS # 97136). The activities associated with this restoration project involve stream restoration related temporary stream and wetland impact. To conduct these activities, the DMS must submit a Pre -construction Notification (PCN) Form to the Division of Water Resources (DWR) for review and approval. The DWR assesses a fee of $570.00 for this review. Please transfer $570.00 from DMS Fund # 2984, Account # 535120 to DWR as payment for this review. If you have any questions concerning this matter I can be reached at 919-707-8319. Thanks for your assistance. cc: Karen Higgins, DWR <;�-o PEQ: North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 09.707.8976 ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director NORTH CAROLINA Environmental Quality December 19, 2018 Sherri Knight, Regional Supervisor, Water Quality Regional Operations Section NC DEQ Winston Salem Regional Office 450 Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 Re: Permit Application- Mill Dam Creek Restoration Site Mitigation Project, Yadkin County (DMS Full Delivery Project) Dear Ms. Knight: Attached for your review is 404/401 permit application package for the subject project. Please feel free to contact me with any questions regarding this plan (919-707-8319). Thank you very much for your assistance. Attachment: 404/401 Permit Application Package Final Mitigation Plan Cc: Karen Higgins Sincerely Y L« Lin Xu North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. JonmStreet 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 oaf w��F�q Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: Q Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes X❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 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 For the record only for DWQ because written approval is not required? 401 Certification: ❑ Yes ❑X 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. For the record only for Corps Permit: ❑ Yes ❑X No ❑ Yes ❑X No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In below. ❑ Yes X❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ YesX❑ No 2. Project Information 2a. Name of project: Mill Dam Creek Restoration Site (MDCRS) 2b. County: Yadkin 2c. Nearest municipality / town: East Bend, NC 2d. Subdivision name: NA 2e. NCDOT only, T.I.P. or state project no: NA 3. Owner Information 3a. Name(s) on Recorded Deed: See attached MDCRS Landowner List 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: Wd 3h. Email address: llCl' JL - DIVISION OF MITIGATION SERVICES Page 1 of 10 PCN Form - Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑X Agent ❑ Other, specify: 4b. Name: Lin Xu 4c. Business name NCDEQ Division of Mitigation Services (if applicable): 4d. Street address: 1652 Mail Service Center 4e. City, state, zip: Raleigh, NC 27699-1652 4f. Telephone no.: 919-707-8319 4g. Fax no.: 4h. Email address: Lin.Xu@ncdenr.gov 5. Agent/Consultant Information (if applicable) 5a. Name: Timothy J. Morris 5b. Business name KCI Technologies, Inc. (if applicable): 5c. Street address: 4505 Falls of Neuse Road, Suite 400 5d. City, state, zip: Raleigh, NC 27609 5e. Telephone no.: (919) 783-9214 5f. Fax no.: (919) 783-9266 5g. Email address: tim.morris@kci.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): See attached MDCRS Landowner List 1 b. Site coordinates (in decimal degrees): Latitude: 36.2391 Longitude: -80.5201 1 c. Property size: 40.2 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Hall Creek 2b. Water Quality Classification of nearest receiving water: WS -IV 2c. River basin: Yadkin 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 project watershed for the MDCRS is comprised of 0.63 square mile (400 acres). Current land use in the project watershed is largely rural, consisting of 31 % agriculture and 61 % forest. The current adjacent land use has a negative impact on water quality of the project stream. Detailed descriptions of land use can be found in the attached mitigation plan. 3b. List the total estimated acreage of all existing wetlands on the property: 0.43 1 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 12,921 3d. Explain the purpose of the proposed project: The project will restore and protect a vital headwater watershed in the Yadkin Basin. 3e. Describe the overall project in detail, including the type of equipment to be used: A detailed Mitigation Plan has been included in this submittal. It includes the details of the project and proposed restoration activities. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the Fast? 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑X Yes ❑ No ❑ Unknown Comments: ❑X Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Joseph Sullivan I Other: KCI Associates of NC 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 01105/2017 The JD is included in Appendix 12.8 of the attached Mitigation Plan 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? 6b. If yes, explain. ❑Yes ❑X No ❑ Unknown ❑ Yes ❑X No Page 3 of 10 PCN Form — Version 1.4 January 2009 v. F U WFWacw nnNaUtO 111vcnavU y 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑X 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 impact Type of wetland Forested Type of jurisdiction Area of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) T —Temporary W1 (`7 Q T Fill Headwater Wetland No Corps 0.01 W2(WE) T Excavation Headwater Wetland Yes Corps 0.02 W3 (WG) T Excavation Headwater Wetland No Corps 0.01 W4(WH) T Excavation Headwater Wetland No Corps 0.02 W5(WK) T Excavation Headwater Wetland No Corps 0.01 W6 - Excavation Headwater Wetland Yes Corps 0.01 2g. Total Wetland Impacts: 0.08 2h. Comments: The JD nomenclature is different: W1 = WC, W2 = WE, W3 = WG, W4 = WH, W5 = WK. 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. 3g. Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary (T) (feet) feet) 31 T Restoration See Table Corps 10,122 P Culvert See Table Corps 225 S3 - Choose one S4 - Choose one S5 - Choose one - S6 - Choose one - - 3h. Total stream and tributary impacts 10,347 3i. Comments: All stream impacts with the exception of culvert installation are temporary for the purpose of restoration. Please see attached Stream Summary Table which details the stream impacts per stream as described in the Preliminary JD. An Impact Map is included as well in the Attachment Section. Page 4 of 10 PCN Form — Version 1.4 January 2009 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 individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number (if applicable) Type of impact Waterbody Area of impact (acres) Permanent (P) or type Temporary T 01 P PA Other Pond 0.44 02 - Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 0.44 4g. Comments: As discussed in the attached Mitigation Plan the dam will be removed as part of the stream restoration. 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. 5b. 5c. 5d. 5e. Pond ID number Proposed use or Wetland Impacts (acres) Stream Impacts (feet) Upland purpose of pond (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 ! Choose one 5f. Total: 5g. Comments: I 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 any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. 6c. 6d. 6e. 6f. 6g. Buffer Impact Reason for impact Stream name Buffer Zone 1 Zone 2 number - mitigation impact impact Permanent (P) or required? (square (square Temporary i T) feet) feet B1 Yes/No B2 - - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 Yes/No 6h. Total Buffer Impacts: 61. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. We are applying for a Nationwide 27 permit. This permit authorizes impacts to jurisdictional waters for the purpose of conducting aquatic habitat restoration, establishment and enhancement activities. This project will provide stream mitigation credits for impacts elsewhere within this 8 -digit HUC. Temporary impacts the stream resources are unavoidable when conducting stream restoration work. Sediment and erosion control practices as outlined in the mitigation plan and in the project plans will be used to ensure resources are protected during the implementation phase of the proiect. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. A pump around will be utilized to conduct all stream restoration work in the dry. Sediment and erosion control measures such as silt fence, straw wattles, rock silt screens and daily stabilization will be used to minimize impacts during construction. The impacts proposed are necessary for the proper restoration of the stream. Sediment and erosion control plans are included in the attached Mitigation Plan which defines means and methods form minimizing receiving water impacts. Impacts to wetlands were minimal and temporary, as detailed above. 1 2. Com ensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ❑X No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps El Mitigation bank 2c. If yes, which mitigation option will be used for this project? ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Type: Choose one Quantity: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Quantity: Type: Choose one Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Pro ram 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 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 6 of 10 PCN Form — Version 1.4 January 2009 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 Yes X No buffer mitigation? 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. 6c: j 6d. j 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) ........ Zone 2 1.5 6f. Total buffer mitigation required: 6g. 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). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Ri;.;arian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. 2. Stormwater Management Plan ❑ Yes ❑X No ❑ Yes ❑ No 2a. What is the overall percent imperviousness of this project? 0% m _ 2b. Does this project require a Stormwater Management Plan? I ❑ Yes 0 No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This is a stream restoration project. No impervious area will be created. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): 3c. Has the approved Stormwater Management Plan with proof of approval been attached? 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): 4b. Has the approved Stormwater Management Plan with proof of approval been attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? 5b. Have all of the 401 Unit submittal requirements been met? ❑ Phase II ❑ NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: ❑ Yes ❑ No ❑Coastal counties ❑HQW ❑ORW ❑Session Law 2006-246 ❑Other: ❑ Yes ❑ Yes ❑ No ❑ No ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 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 ❑ Yes ❑X No additional development, which could impact nearby downstream water quality? 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. 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. This is a stream restoration project, no wastewater will be generated. Page 9 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the 0 Yes ❑ No use of 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 0 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.) A categorical exclusion report has been prepared and included in Appendix 12.9 of ❑ Yes ❑X No Comments: the attached Mitigation Plan 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, E] Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes ❑X 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 ❑ Yes ❑X No additional development, which could impact nearby downstream water quality? 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. 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. This is a stream restoration project, no wastewater will be generated. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or YesX No ❑ ❑ habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑X Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? -NC Wildlife Resources Commission. Carolina Wildlife Profiles. http://www.ncwildlife.org/fs_index_07 conservation.htm -United States Fish and Wildlife Service. North Carolina's Threatened and Endangered Species.http://www.fws.gov/southeast!. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes Q No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Essential Fish Habitat Mappar v3.0 http://www.habitat.noaa.gov/protection/efh/efhmapper/index.htmi 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 ❑ Yes ❑X No status (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? A categorical exclusion report was prepared and is included in Appendix 12.9 of the attached Mitigation Plan. This document contains correspondence from the State Historic Preservation Office regarding the resources of concern. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes ❑X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? NC Floodmaps. https://fris.nc.gov/fris/Index.aspx?FIPS=191&ST=NC&user=General%2OPublic Lin Xu Division of Mitigation Services Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the a plicant isprovided.) Tim Morris z— 3_ 1 o -Applicant's Signature Co -Applicant's Printed Name Date Page 10 of 10 +r J Ln L- 0 0 U 0 `; Stream Impact Table Stream P or T Stream Name ITypeofimpact Stream Status Jurisdiction Stream Length Stream Length Impact # I Restoration (LF) Fill (LF) 51 T UT to Hall Creek (UTHC) Restoration Perennial Corps 5656 Sl P UT to Hall Creek (UTHC) Fill Perennial Corps 100 100 S2 T T1 Restoration Perennial Corps 765 S2 P Tl Fill Perennial Corps 25 S3 T T1A Restoration Perennial Corps 746 S4 T T2 Restoration Perennial Corps 282 S5 T T3 Restoration Perennial Corps 378 S6 T T4 Restoration Intermittent Corps 151 S7 T T5 Restoration Perennial Corps 104 57 P T5 Fill Perennial Corps 25 S8 T T56 Restoration Perennial Corps 50 S9 T T6 Restoration Perennial Corps 651 S9 P T6 Fill Perennial Corps 25 510 T T6A Restoration Perennial Corps 97 Sll T T7 Restoration Perennial Corps 335 Sll P T7 Fill Perennial Corps 25 512 T T8 Restoration Perennial Corps 516 512 P T8 Frll Perennial Corps 25 S13 T 78A Restoration Perennial Corps 258 $14 T T9 Restoration Perennial Corps 133 10222 225 4 4 ,V�.. � Ak` 4 f t r lop w 4 „ > In Y , � t m. f� t C Q Project Easement Stream Fill (Culvert) 400 200 0 400 Impact Map Open Water Impact Streams Feet " Mill Dam Creek Restoration Site Wetlands - - - Stream Impacts wE Yadkin County, NC KCI p Image Source: NC OneMap Wetland Impacts 2014 Aerial S December 2018 ASSOCIATES OF NC