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HomeMy WebLinkAbout20211350 Ver 1_ePCN Application_20210909DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver4.1 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* r Yes r No Change only if needed. BIMS # Assigned 20211350 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office* Raleigh Regional Office - (919) 791-4200 Information for Initial Review la. Name of project: HAVEN CREEK RESTORATION la. Who is the Primary Contact?* Dani Wise Johnson 1b. Primary Contact Email:* dani@bluelineenv.com Date Submitted 9/9/2021 Nearest Body of Water HAVEN CREEK, HAW RIVER Basin Cape Fear Water Classification WS IV Site Coordinates Latitude: Longitude: 35.758355-79.152447 A. Processing Information County (or Counties) where the project is located: Chatham Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No Pre -Filing Meeting Information Version#* 1 What amout is owed?* r $240.00 IT $570.00 Select Project Reviewer* Colleen Cohn:eads\cmcohn 1c. Primary Contact Phone:* (919)656-2554 Is this a courtesy copy notification?* r Yes r No ID# Version Pre -fling Meeting or Request Date 8/4/2021 Attach documentation of Pre -Filing Meeting Request here: pick the upload button or drag and drop files here to attach document Submission Completed pre -filing request.pdf DWR Pre -Filing Meeting Request Form.pdf File type rmst be FCF 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* r Yes r No 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes IT No Nationwide Permit (NWP) Number: 13 - Bank Stabilization NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual 401 Water Quality Certification le. Is this notification solelyfor the record because written approval is not required? For the record onlyfor DWR 401 Certification: For the record onlyfor Corps Permit: 93.04KB 50.05KB r 401 Water Quality Certification - Express r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? C Yes C No B. Applicant Information 1d. Who is applying for the permit? r Owner W Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Mark H. Pavao 2b. Deed book and page no.: 19E/0332 2c.Contact Person: C Yes r No C Yes r No 2d.Address Street Address 421 HAVEN ROAD Address Line 2 City State / Rovince / Region PITTSBORO NC Postal / Zip Code Country 27312 US 2e. Telephone Number: 2f. Fax Number: (610)996-8985 2g. Email Address:* MARKHPAVAO@GMAIL. COM 3. Applicant Information (if different from owner) 3a. Name: Dani Wise Johnson 3b. Business Name: 3c.Address Street Address 928 Hanford Road Address Line 2 C7ty State / Province / legion Graham NC Fbstal / Zip Code Country 27253 US 3d. Telephone Number: 3e. Fax Number: (919)656-2554 3f. Email Address:* dani@bluelineenv.com 4. Agent/Consultant (if applicable) 4a. Name: DANI WISE JOHNSON 4b. Business Name: BLUELINE CONTRACTING 4c.Address Street Address 928 HANFORD ROAD Address Line 2 City State / Province / Region GRAHAM NC Postal / Zip Code Country 27253 US 4d. Telephone Number: 4e. Fax Number: (919)656-2554 1. Project Information 1b. Subdivision name: (ff appropriate) 1c. Nearest municipality/ town: PITTSBORO 2. Project Identification 2a. Property Identification Number: 0007215 2b. Property size: 10.01 2c. Project Address Street Address 421 HAVEN ROAD Address Line 2 CKY PITTSBORO Postal / Zip Code 27312 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* HAVEN CREEK, HAW RIVER 3b. Water Resources Classification of nearest receiving water:* WS IV 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300020702 4. Project Description and History State / Province / legion NC oxrky US 4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:* THIS PROJECT IS LOCATED ON A RESIDENTIAL LOT OUTSIDE OF THE TOWN LIMITS OF PITTSBORO. THE ENTIRE PROJECT LENGTH IS ON ONE PROPERTY. UPSTREAM OF THE PROJECT REACH THERE HAS BEEN SIGNIFICANT DEVELOPMENT AND HAS DEGRADED THE STREAM AT 421 HAVEN ROAD. THE ERODING BANKS OF THE CHANNEL ARE UNDERMINING THE SLOPE ADJACENT TO THE RESIDENT'S HOUSE, CAUSING TREES TO FALL, POSSIBLE DAMAGE TO THE HOUSE ITSELF, AND LOSS OF PROPERTY. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4f. List the total estimated acreage of all existing wetlands on the property: N/A 4g. List the total estimated linear feet of all existing streams on the property: 800 FEET 4h. Explain the purpose of the proposed project:* THE RESTORATION PROJECT ENDEAVORS TO STABILIZE THIS DEGRADED REACH THROUGH BANK GRADING, SLOPE VEGETATION, AND USE OF IN -STREAM STRUCTURES. THE DESIGN USES NATURAL CHANNEL DESIGN METHODOLOGY. FORTUNATELY, THERE IS AMPLE ROOM FOR FLOODPLAIN ACCESS ON THE BANK OPPOSITE OF THE HOUSE AND THIS WILL BE ACCESSED MUCH MORE EASILY AND IN A STABLE MANNER POST -RESTORATION. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* THE PROJECT WILL REQUIRE THE USE OF ONE (1) LARGE EXCAVATOR WITH A HYDRAULIC THUMB TO GRADE THE STREAM BANKS AND PLACE THE BOULDERS BEING USED FOR THE IN -STREAM STRUCTURES. NO CUT WILL REMOVED FROM SITE, AS IT WILL BE A BALANCED SITE. THERE IS CURRENTLY A GRAVEL DRIVEWAY ACCESS THAT WILL BE ENHANCED TO ALLOW FOR THE EQUIPMENT TO BE DELIVERED AND REMOVED. STREAM BANKS THAT HAVE BEEN GRADED WILL BE MATTED WITH BIODEGRADABLE MATTING AND SEEDED WITH TEMPORARY AND PERMANENT SEED. TREES AND SHRUBS WILL ALSO BE PLANTED AS PART OF THE PROJECT. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No Comments: HAVEN CREEK IS A PERENNIAL STREAM. 5b. If the Corps made a jurisdictional determination, what type of determination was made? r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): DANI WISE JOHNSON Agency/Consultant Company: BLUELINE CONTRACTING Other: 6. Future Project Plans r Unknown 6a. Is this a phased project?* r 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? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): r Wetlands W Streams -tributaries F Buffers r Open Waters r Pond Construction 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type* :1 [3fuType . ofh* 3h. Impact(?) isdiction" length* STREAM ACCESS Temporary Bank Stabilisation J HAVEN CREEK :::IPerennial Both 20 300 Average(feet) (Iir�rfeM) 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 31. Total temporary stream impacts: 0 300 3i. Total stream and ditch impacts: 300 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: THE DESIGN INCLUDES DISTURBING THE MINIMAL NUMBER OF LINEAR FEET POSSIBLE TO ACHIEVE THE GOAL OF A STABLE STREAM REACH. THE USE OF IN -STREAM STRUCTURES IN THE DESIGN OFFER LONG-TERM STABILITY AND ENERGY DISSIPATION. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: THE EQUIPMENT WILL BE ABLE TO OPERATE FROM THE BANK/FLOODPLAIN GIVEN THE SIZE OF THE CHANNEL. BIODEGRADABLE MATTING WILL BE USED ON NEWLY GRADED BANKS. 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? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: THIS PROJECT IS RESTORING A DEGRADED REACH - PROVIDING A STABLE DIMENSION, PATTERN, AND PROFILE WITH A WELL VEGETATED BUFFER AS A RESULT F. Stormwater Management and Diffuse Flow Plan (required by DWR) U 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No What type of SCM are you providing? r Level Spreader r Vegetated Conveyance (lower SHWT) r Wetland Swale (higher SHWT) r Other SCM that removes minimum 30 % nitrogen W Proposed project will not create concentrated stormwater flow through the buffer 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)? r Yes r No Comments: 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 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 3. Cumulative Impacts (DWR Requirement) 3a. Will this project 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. THIS RESTORATION IS TO REPAIR DAMAGE FROM ON -GOING UPSTREAM DEVELOPMENT. IT WILL NOT RESULT IN ANY ADDITIONAL DEVELOPMENT ON THIS PROPERTY. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* rYes r Nor NIA 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?* r 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. Raleigh 5d. Is another Federal agency involved?* r Yes r No 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No r Unknown 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? IPaC database 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r' Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* IPaC 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 status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* Historic Preservation website 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* Chatham County Flood Maps Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. dick the upload button or drag and drop files here to attach document HAVEN CREEK_210719.pdf 2.38MB File rrust be FDF a 11& Comments Plan set attached. Signature * 17 By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • 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: DANI WISE JOHNSON Signature MAY k T0#)V F0A) Date 9/9/2021 n d_ a-�W�woow-3 II/II/ MO/I/I / � /I I ❑( I III I 73I aIlII lI ol o o 10 A oI�Q LL 0 o�� 0000 UOU�Q<o w U wwawU a- Ooo 0aOQ u O Z w wJw � w 01 o«ww owo=wod a OQo UO CZ 7« �000w -- i/ � /— i - �— cno o powa - � 11 _ - 0szw<oowZ z-o�0 ,0�1.-- _ ww z� oQ -000<000 oU) ow omo < w2 III.' oQMEo 0 <a 10 �/� �- og oo,o Q 'n-m of 'O oo� r 000 �o3RUou �ms66E20 - r� U- ��wa w o�oa a a o = a M a zs pry y" � o� SNOUICINOO ONUSIX3 o t) G� �o ON 'OH09Sllld d0 NMO-L N °e -LO3fOHd NOIldbO-LS3b Wd3b1S N33bO N3Ab'H � o� SNOUI4N00 43SOdO2Jd o t) �o G� ON 'OH09Sllld d0 NMO-L CIO °e -LOIrOHd NOIldbO-LSIH Wd3b1S NIIHO NIAVH cz Lo— //+(NJ o��"� / Lo — — — t) � G� ON 'Ob09Sllld d0 NMOl 103fObd N011b'bOlS3b Wb'3b1S �° �i33b0 N3/�b'H � �,dOS,dOI Na A o 0 00 ELEVATION (FT) I I I I I w I J LL O � I III J I III o o III a III I I I�\III III I I (�)NCZVAaLa LU o J w J � I O a I o� SNOUO3S SSOaO o t) G� �o ON 'OH09Sllld d0 NMO-L Lo °e lO3fOHd NOIldbOlS3b Wd3b1S N33bO N3Ab'H � w J_ ILL 0 a O Lo O 0 0 In N U) X ELEVATION (FT) w J_ ILL 0 a O L0 w ILL w cr v X LL (iE) NOUVA3T3 U) ELEVATION (FT) X w J_ LL 0 cr 0- 0 O w J LL ILL M X I I mw w A=� �LVOS,VOI Na A o� ELEVATION (FT) 0 0 (iE) NOIUVAaLa ELEVATION (FT) I O I o 0 w oW Lo O + 10 N � J m m m (1E) NOI1Vn3T3 m m m 0 ELEVATION (FT) d (o m m m m m m m U) w LL 0 a 0 0 m m m (1E) NOIIVA3L3 m m m N ELEVATION (FT) Z D w LL 0 cr 0- 0 O 0 w LJL LL cr X U) X X LIM m m (iE) NO IIVA3L3 m m ELEVATION (FT) (iE) NOIUVAaLa (1E) NOIIVA3L3 !I{ o 2 \\(\}\\\)\} o § \ §}\\\(\( ) \ \} \( 6 2 2 !o \{ 4} {}}:)(; }�}}>(} i>}: a "o 't, o } «: sa } :>::: __:::�_> °-bJb}\\ (j ;.:`-M MO, § }:O-N. :(i(:\} :}}i :o9A j}�j()):)}}) «\ JJ'N o : - : ) \ 2«\\\b2: \2 -oo - ; �- /oo _ //// / //\ j \:. = 2\ \/////�//. J 9+2 �\) oN'o o s 2ddoNmo ( � �gmadNe�ao 2awgaS �� �ggaoN� � t) o� G� �OalNOO lN3W143S 4NV NOISOa3 o ' �o ON 'OH09Sllld d0 NMO-L ~ °e -LO3fOHd NOIldbO-LS3b Wd3b1S N33bO N3Ab'H � o� NV�d C)MiWd o t) G� �o ON 'OH09Sllld d0 NMO-L00 oe 1OIrOHd NOI-LVHOlSIH WVIH-LS N33bO N3Ab'H � Submission Completed 8/4121, 7:42 AM DWR Pre -Filing Meeting Request Form Contact Name* DANI WISE JOHNSON Contact Email Address* DANI@BLUELINEENV.COM Project Owner* MARK AND JEN PAVAO Project Name* HAVEN CREEK Project County* Chatham Owner Address: * Street Address 421 HAVEN ROAD Address Line 2 City PITTSBORO Postal / Zip Code 27312 Is this a transportation project?* Yes No Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Individual Permit Shoreline Stabilization Does this project have an existing project ID#?* Yes No NORTH CAROLINA Enrlro"enfcl Qflalfly State / Province / Region NC Country US 401 Water Quality Certification - Express Modification Do you know the name of the staff member you would like to request a meeting with? Please give a brief project description below and include location information.* This project is located in Chatham County, north of Pittsboro, NC. It is on private property and encompasses approximately 350 linear feet of Haven Creek. This stream is a tributary to the Haw River and has a drainage area of approximately 2 sq miles at the project reach. The stream banks are eroding and jeopardizing a structure adjacent to the residence at 421 Haven Road. This project is being pursued and paid for by the landowners and includes restoration and stabilization of the reach. It is designed using Natural Channel Design principles and includes no bank hardening. By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. https://edocs.deq.nc.gov/Forms/Form/showformsubmission/da3fl3ec-eebe-48el-9f96-dabf52827542/f45577fd-5eaa-4980-81f0-972502dbe420 Page 1 of 2 Submission Completed 814121, 7:42 AM I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature* i0a %+� /l Submittal Date 8/4/2021 https://edocs.deq.nc.gov/Forms/Form/showformsubmission/da3fl3ec-eebe-48el-9f96-dabf52827542/f45577fd-5eaa-4980-8lfO-972502dbe420 Page 2 of 2 Contact Name* DANI WISE JOHNSON Contact Email Address* DANI@BLUELINEENV.COM Project Owner* MARK AND JEN PAVAO Project Name* HAVEN CREEK Project County* Chatham Owner Address:* Street Address 421 HAVEN ROAD Address Line 2 aty PITTSBORO Postal / Zip axle 27312 Is this a transportation project?* C Yes c: No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - F- 401 Water Quality Certification - Regular Express F- Individual Permit F- Modification F- Shoreline Stabilization Does this project have an existing project ID#?* C Yes (: No State / Province / Pegion NC Country US Do you know the name of the staff member you would like to request a meeting with? Please give a brief project description below and include location information.* This project is located in Chatham County, north of Pittsboro, NC. It is on private property and encompasses appro)amately 350 linear feet of Haven Creek. This stream is a tributary to the Haw River and has a drainage area of appro)amately 2 sq miles at the project reach. The stream banks are eroding and jeopardizing a structure adjacent to the residence at 421 Haven Road. This project is being pursued and paid for by the landowners and includes restoration and stabilization of the reach. It is designed using Natural Channel Design principles and includes no bank hardening. By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature * Submittal Date 8/4/2021