Public Notice 2017-12-21 (401 Program)

December 21, 2017

 

TO:         DENR-DWR-Wetlands-Public Listserv

 

FROM:    Karen Higgins, 401 & Buffer Permitting Branch

             Amy Chapman, Transportation Permitting Branch

 

RE:        Revised Water Quality General Certifications and Isolated and Other non-404 Jurisdictional Wetlands and Waters Permit;  Online Pre-construction Notification Form Training;  Three Proposed Riparian Buffer & Nutrient Offset Bank Parcel Development Packages in the Jordan Lake Watershed – Restoration Systems, LLC;  Proposed Umbrella Mitigation Banking Instrument in the Neuse River Basin – EBX-Neuse I, LLC

 

 

The purpose of this Public Notice is outlined below.  This notice is available electronically at https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-buffer-permits/401-public-notices.

 

 

1. Revised Water Quality General Certifications and Isolated and Other non-404 Jurisdictional Wetlands and Waters Permit

The revised 401 Water Quality General Certifications (GCs) and Isolated Wetlands and Waters Permit (IWP) are available online at https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-wetlands-buffer-permitting/general

These GCs and the IWP became effective December 1, 2017.  Here is a list of old and new GC numbers:

 

Please note that written approvals for 401 Certifications will be issued in accordance with the General Certification in effect on the date of authorization.  Please direct questions or comments to Karen Higgins (karen.higgins@ncdenr.gov) or Sue Homewood (sue.homewood@ncdenr.gov).

 

 

2. Online Pre-construction Notification Form Training

The U.S. Army Corps of Engineers Wilmington District (Corps) and the N.C. Division of Water Resources (DWR) have developed an online Pre-Construction Notification (PCN) form that can be used in lieu of the paper PCN form.  This online form will be available for use by all applicants starting February 1, 2018.  The Corps and DWR will hold three webinars to introduce the online PCN process, including a review of the PCN form, demonstrations of how to use the form, and a question/answer session.  Each training session will have staff on hand from the mountain, piedmont or coastal region to help answer questions. 

• January 11, 2018 from 9:00-11:00 am (mountain region focus)
• January 18, 2018 from 9:00-11:00 am (piedmont region focus)
• January 25, 2018 from 9:00-11:00 am (coastal region focus)

To register for one of the webinars, please complete the form found online: https://edocs.deq.nc.gov/Forms/PCN_Registration.  If you have any questions, please contact Beverly Strickland by email at bev.strickland@ncdenr.gov or call 919-707-8789. 

 

 

3. Proposed Nutrient Offset Bank Parcel Development Package in the Jordan Lake Watershed

Restoration Systems, LLC (RS) has submitted a proposed Bank Parcel Development Package (BPDP) for the Orphan Creek Buffer & Nutrient Offset Mitigation Bank Parcel, which is located in the Cape Fear River Basin (Haw River Sub-watershed) near Saxapahaw in Alamance County.  Stormwater runoff from the parcel drains to unnamed tributaries of Meadow Creek.

 

The proposed bank parcel is intended to be used to generate approximately 5.39 acres (234,660.23 ft²) of riparian buffer mitigation credits, approximately 366.20 pounds of delivered nitrogen nutrient offsets and approximately 20.88 pounds of delivered phosphorus nutrient offsets.  Delivery Factors have already been applied to the nutrient offset credits.

 

Riparian buffer mitigation credits generated at this proposed Bank Parcel can be used to satisfy buffer mitigation requirements for impacts pursuant to 15A NCAC 02B .0295 within the Haw River Sub-watershed of Jordan Lake.  Nutrient offset credits generated at this proposed site can be used to satisfy nutrient offset requirements for development projects pursuant to 15A NCAC 02B .0240 and located within the Haw River Sub-watershed. 

 

This project is being proposed under the RS Haw-River Sub-watershed – Phase One Umbrella Mitigation Banking Instrument (UMBI) approved on October 25, 2017.  A copy of the UMBI can be found online at http://edocs.deq.nc.gov/WaterResources/0/doc/591472/Page1.aspx.

 

The proposed BPDP can be found online at http://edocs.deq.nc.gov/WaterResources/0/edoc/613420/Orphan%20Creek%20BPDP%20For%20Public%20Notice.pdf.  Persons wishing to comment are invited to submit their comments in writing to Katie Merritt at (katie.merritt@ncdenr.gov or 1617 Mail Service Center, Raleigh, NC 27699-1617).  All comments received by DWR by close of business (5:00 p.m.) on January 5, 2017 will be considered during preparation and approval of the final BPDP.  If you have any questions, please contact Katie Merritt at 919-807-6371. 

 

 

4. Proposed Nutrient Offset Bank Parcel Development Package in the Jordan Lake Watershed

RS has submitted a proposed BPDP for the Motes Creek Buffer & Nutrient Offset Mitigation Bank Parcel, which is located in the Cape Fear River Basin (Haw River Sub-watershed) near Burlington in Alamance County.  Stormwater runoff drains directly into Motes Creek and unnamed tributaries to Motes Creek.

 

The proposed bank parcel is intended to be used to generate approximately 12 acres (522,742.23 ft²) of riparian buffer mitigation credits, approximately 89.97 pounds of delivered nitrogen nutrient offsets and approximately 5.25 pounds of delivered phosphorus nutrient offsets.  Delivery Factors have already been applied to the nutrient offset credits.

Riparian buffer mitigation credits generated at this proposed Bank Parcel can be used to satisfy buffer mitigation requirements for impacts pursuant to 15A NCAC 02B .0295 within the Haw River Sub-watershed of Jordan Lake.  Nutrient offset credits generated at this proposed site can be used to satisfy nutrient offset requirements for development projects pursuant to 15A NCAC 02B .0240 and located within the Haw River Sub-watershed. 

 

This project is being proposed under the RS Haw-River Sub-watershed – Phase One Umbrella Mitigation Banking Instrument (UMBI) approved on October 25, 2017.  A copy of the UMBI can be found online at http://edocs.deq.nc.gov/WaterResources/0/doc/591472/Page1.aspx.

 

The proposed BPDP can be found online at 

http://edocs.deq.nc.gov/WaterResources/0/doc/613422/Page1.aspx?searchid=4afa2568-1bd7-483c-b04b-026d5d46b48b .  Persons wishing to comment are invited to submit their comments in writing to Katie Merritt at (katie.merritt@ncdenr.gov or 1617 Mail Service Center, Raleigh, NC 27699-1617).  All comments received by DWR by close of business (5:00 p.m.) on January 5, 2017 will be considered during preparation and approval of the final BPDP.  If you have any questions, please contact Katie Merritt at 919-807-6371.

 

 

5. Proposed Nutrient Offset Bank Parcel Development Package in the Jordan Lake Watershed

RS has submitted a proposed Bank Parcel Development Package (BPDP) for the Benton Branch Buffer & Nutrient Offset Mitigation Bank Parcel, which is located in the Cape Fear River Basin (Haw River Sub-watershed) near Burlington in Caswell County.  Stormwater runoff drains directly into Benton Branch.

 

The proposed bank parcel is intended to be used to generate approximately 16.16 acres (703,323.40 ft²) of riparian buffer mitigation credits, approximately 11.25 pounds of delivered nitrogen nutrient offsets and approximately 0.23 pounds of delivered phosphorus nutrient offsets.  Delivery Factors have already been applied to the nutrient offset credits.

Riparian buffer mitigation credits generated at this proposed Bank Parcel can be used to satisfy buffer mitigation requirements for impacts pursuant to 15A NCAC 02B .0295 within the Haw River Sub-watershed of Jordan Lake.  Nutrient offset credits generated at this proposed site can be used to satisfy nutrient offset requirements for development projects pursuant to 15A NCAC 02B .0240 and located within the Haw River Sub-watershed.

 

This project is being proposed under the RS Haw-River Sub-watershed – Phase One Umbrella Mitigation Banking Instrument (UMBI) approved on October 25, 2017.  A copy of the UMBI can be found online at http://edocs.deq.nc.gov/WaterResources/0/doc/591472/Page1.aspx.

 

The proposed BPDP can be found online at http://edocs.deq.nc.gov/WaterResources/0/edoc/613418/Benton%20Branch%20BPDP%20For%20Public%20Notice.pdf .  Persons wishing to comment are invited to submit their comments in writing to Katie Merritt at (katie.merritt@ncdenr.gov or 1617 Mail Service Center, Raleigh, NC 27699-1617).  All comments received by DWR by close of business (5:00 p.m.) on January 5, 2017 will be considered during preparation and approval of the final BPDP.  If you have any questions, please contact Katie Merritt at 919-807-6371.

 

 

6. Proposed UMBI for Riparian Buffer Mitigation & Nutrient Offset Credits in the Neuse River Basin

An Umbrella Mitigation Banking Instrument (UMBI) has been prepared by EBX-Neuse I, LLC (EBX) for review and approval by DWR under the Buffer Mitigation Rule [15A NCAC 02B .0295] and the Nutrient Offset Rule [15A NCAC 02B .0240].  This UMBI, if approved, will allow EBX to sell riparian buffer mitigation and nutrient offset credits within the 03020201 Hydrologic Unit Code (HUC) of the Neuse River Basin, excluding the Falls Watershed.  Four (4) site-specific Bank Parcel Development Packages are anticipated to be submitted for review and approval under this UMBI.  

The proposed UMBI can be found online at http://edocs.deq.nc.gov/WaterResources/0/doc/617006/Page1.aspx .  Persons wishing to comment are invited to submit their comments in writing to Katie Merritt at (katie.merritt@ncdenr.gov or 1617 Mail Service Center, Raleigh, NC 27699-1617).  All comments received by DWR by close of business (5:00 p.m.) on January 5, 2017 will be considered during preparation and approval of the final UMBI.  If you have any questions, please contact Katie Merritt at 919-807-6371.