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Home My WebLink About20090861 Ver 1_Staff Comments_20090818Kulz, Eric From: Kulz, Eric Sent: Tuesday, August 18, 2009 8:18 AM To: Brown, Wyatt Subject: UTs to Bald Creek Restoration Project - Yancey Co. (DWQ #09-0861) Attachments: UT to Bald Creek Comments 8-18-09.doc Wyatt: I have attached a Request For More Information letter for the above -referenced project. A hard, signed copy is going out today. Eric Eric W. Kulz Environmental Senior Specialist N.C. Division of Water Quality 401 Oversight and Express Permitting Unit 2321 Crabtree Blvd., Suite 250 Raleigh, NC 27604 Phone: (919) 715-9050 Fax: (919) 733-6893 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties September 1, 2009 �§@INCA O SEP -. 3 2009 DENR - WATER QUALITY CYNDi KAROLY, UNIT SUPERVISOR WETLANDS AND STORMWATER BRANCH DIVISION OF WATER QUALITY 401 WETLANDS UNIT 1650 MAIL SERVICE CENTER RALEIGH, NC 27699 - 1650 Re: Response DWQ #09-0861 UT to Bald Creek Stream -Wetland Enhancement Yancey County Dear Ms. Karoly: Pursuant to your letter dated 8/18/2009 1 am submitting 2 copies of a revised PCN and two revised copies of the table 1b. Please feel free to call me at 919.715.1616 or email me at Wyatt.Brown@ncdenr.gov with any questions regarding this plan. Thank you very much for your assistance. Sincerely, Wyatt rown, LSS, CPESC NC EEP Review Coordinator Attachment: Revised Table 1b. (2 originals) Revised PCN (2 originals) NCDENI R North (arolffla Ecasysumn Eqhaiice;iiVt i652 Mail Spry;u G?rtcrjal�igh, Nf 27699-1652 919-715-0476 f August 28, 2009 Mr. Wyatt Brown N.C. Ecosystem Enhancement Program 1619 Mail Service Center Raleigh, NC 27699-1619 Re: Unnamed Tributaries to Bald Creek Yancey County DWQ #09-0861 Dear Mr. Brown: In response to the review by NC Division of Water Quality (NCDWQ) 401 Oversight and Express Review Permitting Unit, URS Corporation — North Carolina (URS) recommends amending the Unnamed Tributaries to Bald Creek Stream Restoration Project Final Restoration Plan per the attached tables in response to the second comment. Changes to the Tables are shown in red. The comment from NCDWQ was as follows: In the Restoration Plan Wetland 1a is described as a 0.48 -acre pond. The pond is described as consisting of open water with a fringe of wetland vegetation. Table 1b states that Wetland 1a is to be enhanced through invasive species removal and supplemental wetland plantings. The acreage is listed as 0.48 acres. This acreage is also included in the Wetland Enhancement total listed in Table 2 (Project Component summaries). No wetland mitigation credit can be claimed for open water. This pond is predominantly open water, as shown in the aerial photograph of the project site (Figure 2). Please revise the wetland enhancement totals in the plan to exclude the open water portion of the pond identified as Wetland la. The attached tables show the appropriate values per the above comment. Please contact me if you have any further questions or comments at Kathleen mckeithannurscorp.com or my direct line 919-461-1597. URS Corporation — North Carolina 1600 Perimeter Park Drive, Suite 400 Morrisville, North Carolina 27520 Tel: 919.461.1100 Fax: 919.461.1415 www.urscorp.com Sincerely, URS Corporation — North Carolina -.i< JL- �- � tt-.-�" I—A.— Kathleen McKeithan, PE, CPESC, CPSWQ Senior Environmental Engineer hs Enclosure cc: Harry Tsomides, NCEEP Project Manager File Page 2 of 4 Table 1B: Project Restoration Structure: Wetlands Proiect Number 92596 Unnamed Tributaries to Bald Creek Page 3 of 4 Wetland Treatment Existing Proposed Wetland Comment ID Type Acreage Acreage Impacts 1 Enhancement 0.18 0.18 __ Invasive species removal and supplemental wetland plantings. Wetland plants around fringe of pond IA NA 0.48 0.48 -- and littoral shelf. Riparian plantings on left embankment of pond. Wetland 2 is a small man-made pond formed by an earthen dam and culvert on the Mainstem Reach A. The dam and culvert will be removed to restore 2 Removal 0.05 0.00 0.05 the stream to its natural, free-flowing condition. The pond is not a significant or high-quality aquatic resource and the benefit gained by the stream justifies the impacts to the wetland. Livestock exclusion, invasive species 3 Enhancement 0.20 0.20 -- removal, and supplemental wetland plantings. Livestock exclusion, invasive species 4 Enhancement 0.11 0.11 -- removal, and supplemental wetland plantings. Livestock exclusion, invasive species 5 Enhancement 0.26 0.26 -- removal, and supplemental wetland plantings. TOTAL 1.28 1.23 0.05 Table 2: Project Component Summations Project Number 92596 Unnamed Tributaries to Bald Creek Page 4 of 4 *Upland acreage was computed as area outside of the 30 -ft stream buffer and wetland boundaries within the conservation easement. **All existing wetlands will be enhanced except Wetland IA (an open water pond) and Wetland 2 (an on-line pond that will be removed to restore the stream channel resulting in 0.05 acre of wetland impacts). Existing Existing Proposed Non - Restoration Stream Proposed Riparian Riparian Riparian Upland Buffer BMP Level (10 Stream (11) Stream Wetland wetland (ac) wetland * (ac) (ac) ac Restoration 1180 1335 -- -- -- 0.64 1.63 -- Enhancement I 522 522 -- -- -- 0.40 0.72 -- Enhancement II 2622 2622 -- -- -- 2.96 3.61 -- Preservation 800 800 -- -- -- 1.12 1.10 -- Wetland (Open Water) 0.48 0.48 Wetland Enhancement 0.80 0.75 -- -- Wetland Impacts -- -- 0.05 0.00 -- -- -- -- TOTAL 5124 5279 1.28 1.23** 0 5.12 7.06 0 *Upland acreage was computed as area outside of the 30 -ft stream buffer and wetland boundaries within the conservation easement. **All existing wetlands will be enhanced except Wetland IA (an open water pond) and Wetland 2 (an on-line pond that will be removed to restore the stream channel resulting in 0.05 acre of wetland impacts). F O�UF W AT! Ry Oq- O$iLoI Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 11 PCN Form -Version 1.3 December 10, 2008 Version Pre -Construction Notification PCN Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 27 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 ® 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: UT to Bald Creek Stream Restoration 2b. County: Yancy 2c. Nearest municipality / town: Burnsville 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: State Property Office 3b. Deed Book and Page No. Map Book 589 Page 441-453 3c. Responsible Party (for LLC if applicable): 3d. Street address: 1321 Mail Service Center 3e. City, state, zip: Raleigh, NC 27899 3f. Telephone no.: 919-807-4663 3g. Fax no.: 919-737-1431 3h. Email address: Page 1 of 11 PCN Form -Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: NCEEP 4b. Name: Ecosystem Enhancememt Program 4c. Business name (if applicable): 4d. Street address: 2728 Capital Blvd. 4e. City, state, zip: Raleigh, NC 27604 4f. Telephone no.: 919-715-1616 4g. Fax no.: 919-715-2219 4h. Email address: wyatt.brown@ncdenr.gov 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 11 PCN Form —Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 98000388000000 Latitude:: 35.83 55 N 1 b. Site coordinates (in decimal degrees): Longitude: - 79.65 04 W (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 12.74 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Bald Creek proposed project: 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: French Broad 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: Pasture for cattle, general land use is pasture (rural area) 3b. List the total estimated acreage of all existing wetlands on the property: 1.28 ac. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 5124 ft. 3d. Explain the purpose of the proposed project: Restore a cattle degraded incised stream , reduce nutrient and sediment stressors providing uplift in water quality.and habitat (see enclosed Restoration Plan) 3e. Describe the overall project in detail, including the type of equipment to be used: eroding banks will be sloped and in some areas benches will be installed along with rock and log structures, buffers will be established and areas planted 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 past? F1 Yes No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type ❑ Preliminary ❑ Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: URS Name (if known): Shelingosia Bauguess Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for ❑Yes ®No Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Page 3 of 11 PCN Form —Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 4 of 11 PCN Form — Version 1.3 December 10, 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 impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 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. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ® P ❑ T Restoration UT to Bald Creek ® PER ❑ INT ® Corps ® DWQ 10 1180 S2 ® P ❑ T Enhancement I UT To Bald Creek ® PER ❑ INT ® Corps ® DWQ 7 522 S3 ®P ❑ T Enhancement 11 UT to Bald Creek ® PER ❑ INT ® Corps ® DWQ 7 2622 S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 4324 3i. Comments: Page 5 of 11 PCN Form —Version 1.3 December 10, 2008 Version 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 type Area of impact (acres) Permanent (P) or Temporary T 01 ® P ❑ T pond removal small pond .05 02 ❑P❑T 03 ❑P❑T 04 ❑P❑T 4f. Total open water impacts .05 4g. Comments: remove small man-made pond with earthen dam to allow stream to freely flow 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. I 5b. I 5c. 5d. 5e. Pond ID Proposed use or purpose number of pond Wetland Impacts (acres) I Stream Impacts (feet) Flooded I Filled I Excavated I Flooded I Filled I Excavated 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: Upland (acres) Flooded 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? 6b. 6c. 6d. Buffer impact number - Reason Permanent (P) or for Temporary (T) impact 31,0■1ME B2 ❑P❑T ■ - ■ 6i. Comments: ❑ Neuse ❑ Tar -Pamlico ❑ Other: ❑ Catawba ❑ Randleman 6e. I 6f. I 6g. Buffer Stream name mitigation required? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 6h. Total buffer impacts Zone 1 impact Zone 2 impact (square feet) (square feet) Page 6 of 11 PCN Form -Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. this project is restoration and enhancement of a degraded stream and wetland 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. impacts will be minimized by quickly matting and planting the riparian areas 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 1.3 December 10, 2008 Version 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 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (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 8 of 11 PCN Form —Version 1.3 December 10, 2008 Version 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 ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑Yes No ❑ Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? % 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: project is stream restoration/enhancement 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ❑ Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other.- ther:3c. 3c- Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties 4a. Which of the following state -implemented stormwater management programs apply ❑ HQW ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 11 PCN Form —Version 1.3 December 10, 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 ® 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 ❑ 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 El Yes 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. Page 10 of 11 PCN Form —Version 1.3 December 10, 2008 Version 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 ® 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? 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 Habitat? 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 ® 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? Dept Cultural Resources letter enclosed appendix 12 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ® Yes El No 8b. If yes, explain how project meets FEMA requirements: No rise calculations, see appendix 11 8c. What source(s) did you use to make the floodplain determination? 4?1%1.2Vd Wyatt Brown g09 pplicant/Agent's Signature Applicant/Agent's Printed Name Date(,,ld (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version