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HomeMy WebLinkAbout20200420 Ver 1_401 Application_20200326Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre -Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
® Section 404 Permit ❑ Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 13 or General Permit (GP) number: n/a
1c. Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1d. 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
le. 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
1g. 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:
N. Pacolet River Bank Stabilization (Strickland)
2b. County:
Polk
2c. Nearest municipality / town:
Tryon (Lynn Community)
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state
project no:
UU
MA
Uy
3. Owner Information DE
3a. Name(s) on Recorded Deed:
Cynthia Strickland SPORTATIONPERMITTING I
3b. Deed Book and Page No.
180/1523; 272/1870; 441/930
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
338 Clarence Rhodes Road; 276 Gunning Road
3e. City, state, zip:
Lynn, NC 28750; Tryon, NC 28782
3f. Telephone no.:
828-859-9872
3g. Fax no.:
3h. Email address:
cnstrick@gmail.com
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:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
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
B. Project Information and Prior Project History
1. Property Identification
la. Property identification no. (tax PIN or parcel ID):
Parcel ID 48-63; 48-261; and 48-64
1b. Site coordinates (in decimal degrees): - if you can't get
Latitude: 35.225599 Longitude:-82.228402
these, just include a very good vicinity map
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size:
12.51; 7.10; and 4.31 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
North Pacolet River
proposed project:
2b. Water Quality Classification of nearest receiving water.
C
2c. River basin: map is available at
hftp://h2o.enr.state.nc.us/admin/maps/
Upper Broad (03050105)
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 site is a rural undeveloped tract of land in agricultural use. The general land use in the vicinity of the
property is developed rural residential, undeveloped forested land, agricultural land, and some commercially
developed parcels.
3b. List the total estimated acreage of all existing wetlands on the property:
Unknown
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
3,025 feet
3d. Explain the purpose of the proposed project:
The propose of this project is river bank stabilization modeled after similar approaches used in this area (by government
and private parties) at adjacent sites along the North Pacolet River. No other development activities are associated with
this project.
3e. Describe the overall project in detail, including the type of equipment to be used:
Riparian buffers (trees, shrubs/live stakes, etc.) and washed stone (random sized from 12" by 18" up to 24") will be used by
applicant in stages to stabilize and repair up to three noncontiguous sections of up to 700 total feet of river bank along the
west bank of the North Pacolet River (see attachments). No excavation or construction is planned. A frontend loader will be
used to place the washed stone. The stone work will be modeled after the approach taken by the road maintenance
department of Polk County, NC to stabilize a portion of the North Pacolet River near the proposed site on Gunning Road.
Overtime, many trees in this area have been lost to erosion and storm damage. Plantings and washed stone will be used to
stabilize the riverbank to ensure that more riverbank is not lost to continued erosion. The applicant believes it is critical to
take immediate action to preserve the trees that do remain along the river and to restore trees that have been lost. See
attached statement regarding how work will be completed and summary of prior projects.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes ❑ No ❑ Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
❑Preliminary El Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company:
Name (if known): David Brown
Other: U.S. Army Corps of Engineers
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
May 25, 2016 (SAW-2016-01031); April 16, 2018 (SAW-2018-00400).
Page 3 of 11
PCN Form — Version 1.3 December 10, 2008 Version
S. 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.
2016-01031; 2018-00400
6. Future Project Plans
6a. Is this a phased project?
® Yes ❑ No
6b. If yes, explain.
It is anticipated that work will be completed in at least three stages to address three noncontiguous areas of current concern
along the west bank of the North Pacolet River.
Page 4 of 11
C. Proposed Impacts Inventory
1. Impacts Summary
1a. 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
Stream Bank
North Pacolet
® PER
® Corps
20
700
Stabilization
River
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
[J INT
❑ Corps
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
700
3i. Comments: Up to 700 noncontiguous feet.
Page 5 of 11
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 indiv dualiv 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
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Pond ID
Proposed use or purpose
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
number
of pond
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
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:
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.
❑ Neuse ❑ Tar -Pamlico ❑ Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
required?
B1 ❑P❑T
El Yes
❑ No
B2 ❑P❑T
El Yes
❑ No
B3 ❑P❑T
El Yes
❑ No
6h. Total buffer impacts
6i. Comments.
Page 6 of 11
D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
First, stabilization methods used by other property owners along this stretch of the river are being used. Second, no
excavation or other invasive earth moving will occur. Third, washed stone will be placed to preserve the existing
riverbank from erosion and loss and protection of vegetation plantings. If erosion is not stopped in this area, significant
negative consequences are likely to occur to this waterway during future flood conditions, including loss of remaining
riparian buffers and significant erosion.
b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
No excavation or other invasive earth moving will occur. This project will only require plantings and the placement of
washed stone. For example, the earth berm techniques used on neighboring properties to contain the river will not be
used for this project.
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
❑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:
Page 7 of 11
PCN Form — Version 1.3 December 10, 2008 Version
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.
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? If yes, you will have to fill out this entire form — please
contact the State for more information.
❑ 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
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified
El Yes El 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.
❑ No Yes ❑
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:
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:
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)
1a. 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)?
1c. 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
❑ 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.
El Raleigh
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat? Northern Long-eared Bat, Latest Corps updated Heritage database.
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?
Latest Corps updated Heritage database.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
® Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
This project is only designed to prevent erosion. No structure is being built in the floodplain.
8c. What source(s) did you use to make the floodplain determination? Latest on-line FIRM/FEMA North Carolina, Panel
0535, Map No. 3710053500J, September 3, 2008
Cynthia N. Strickland
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Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization letter from the applicant
isprovided.)
Page 11 of 11
Supplement to PCN Form Question 3e
Location: North Pacolet River, Tryon Township, Polk County, North Carolina
Applicant: Cynthia Strickland
Date: February 26, 2020
Over the course of the applicant's ownership of the three subject properties (see attached
survey), various storm and flood events have resulted in significant vegetation loss and erosion
along the west bank of the North Pacolet River (see attached 1978, 1993, 1998, and 2006 aerial
photographs). Beginning in 1995, an "Emergency Watershed Project" (File No. 390-14)
proposed restoration of 525 feet of riverbank (three noncontagious sections of 100, 125, and 300
linear feet), resulting in hundreds of linear feet of bank stabilization using timber cribbing. In
2005, a second "Emergency Watershed Project" (Action ID: 200532344) resulted in hundreds of
linear feet of bank stabilization using stone works and bank sloping. Neither project attempted
or successfully restored a native tree -centric riparian buffer, rather kudzu has taken over those
areas. In 2016 and 2018, the applicant personally funded the stabilization of 35 and 150 feet of
river bank with washed stone and native tree seedlings. Because of increased riverbank
stabilization, the applicant has continued to invest significant resources since 2016 planting and
protecting 85 NC Forest Service seedlings (including River Birch, Permission, Butternut,
Sycamore, Red Maple, and various Oaks) along thousands of feet of riparian buffer zone.
If approved, the applicant intends to continue her efforts to stabilize the riverbank in this
area to ensure that her efforts to eradicate invasive kudzu and replant a native riparian buffer
along the full length of the river are not lost to erosion prior to maturity. The applicant believes,
in part, that a robust riparian buffer is desirable because of her intention to fence many acres of
pasture adjacent to the river for livestock production.
To accomplish her goal, Project Areas A and C will supplement the use of stone placed
by the applicant in 2016 and 2018, respectively, which has performed extremely well in the
major flood events of May 2018 and February 2020. In Project Area A, this will allow for the
preservation of a critical stand of mature sycamores and black walnuts. In Project Area C, this
will allow for the protection of recently planted native seedlings, with, the addition of more
seedlings over the next two years (including Overcup Oak, Black Tupelo, and Mockernut
Hickory). In Project Area B, the use of stone will allow for the repair and stabilization of wood
cribbing work performed in 1995 to protect recently planted seedlings, with the addition of more
seedlings over the next two years (see above). Put simply, high cost efforts, including stone, will
be minimal due to extremely limited financial resources, and will be used to protect the labor-
intensive efforts of restoring a robust riparian buffer of mixed hardwoods and shrubs along the
full length of the river (including planting, staking/tree tubes, fertilizing, and mitigating kudzu).
Regarding timeframe priorities, Project Areas A and B are the most immediate areas of
concern for the applicant, followed by Project Area C.
In the short-term, the applicant also intends to enroll in the Environmental Quality
Incentives Program and inquire with the Polk County Soil and Water Conversation District about
any available government funded programs for riverbank stabilization. If these efforts result in
proposed changes to any approved permit, the applicant will seek appropriate amendments.
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Purpose: River Bank Erosion Stabilization
Water Body. North Pacolet River
Location: Tryon Township, Polk County, NC
Applicant: Cynthia Strickland