HomeMy WebLinkAbout20080008 Ver 2_ePCN Application_20230509DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?
Yes
No
Is this project a public transportation project?*
Yes No
Change only If needed.
Pre -Filing Meeting Date Request was submitted on:
10/1/2021
BIMS # Assigned
20080008
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Asheville Regional Office - (828) 296-4500
Information for Initial Review
1a. Name of project:
Lewis Creek Restoration - Edneyville Community Center
1a. Who is the Primary Contact?*
Jennings Environmental, PLLC, David Brown
1b. Primary Contact Email:
david@jenningsenv.com
Date Submitted
5/9/2023
Nearest Body of Water
Lewis Creek
Basin
French Broad
Water Classification
C; Tr
Site Coordinates
Latitude:
35.38247
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Henderson
Is this a NCDMS Project
Yes No
Longitude:
-82.35522
Version#*
2
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Moore:andrew.w.moore@ncdenr.gov
1c. Primary Contact Phone: *
(828)384-1890
a
Is this project a public transportation project?*
Yes No
1a.Type(s)of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permits) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 27 - Restoration
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application? *
Yes No
fig. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Nani on recorded deed:
Henderson County
2b. Deed book and page no.:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2c. Contact Person:
Betsy Gerwig
2d. Address
Street Address
100 N. King Street
Address Line 2
City
State / Province / Region
Hendersonville
NC
Postal / Zip Code
Country
28792
USA
Yes No
Yes No
2e. Telephone Number:
(828)697-4949
2g. Email Address:*
betsy.gerwig@usda.gov
2a. Name(s) on recorded deed:
Michael & Linda Pressley
2b. Deed book and page no
2c. Contact Person:
Michael Pressley
2d. Address
Street Address
436 Pressley Lane
Address Line 2
city
Hendersonville
Postal / Zip Code
28792
2e. Telephone Number:
(828)606-4373
2g. Email Address:*
mhpressley@hotmail.com
3. Applicant Information (if different from owner)
3a. Name:
Betsy Gerwig
3b. Business Name:
Henderson County Soil and Water Conservation District
3c.Address
Street Address
61 Triple Springs Road
Address Line 2
city
Hendersonville
Postal / Zip Code
28792
3d. Telephone Number:
(828)697-4949
3f. Email Address:*
betsy.gerwig@usda.gov
4. Agent/Consultant (if applicable)
4a. Name:
David Brown, PG
4b. Business Name:
Jennings Environmental, PLLC
4c.Address
Street Address
7 Samuel Ashe Drive
Address Line 2
city
Asheville
Postal / Zip Code
28805
4d. Telephone Number:
(828)384-1890
0. Email Address:*
david@jenningsenv.com
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
C. Project Information and Prior Project History
0
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Edneyvil le
2. Project Identification
2a. Property Identification Number:
PINS 0601-00-0987 and 0601-00-9560
2c. Project Address
Street Address
15 Ida Rogers Road
Address Line 2
City
Hendersonville
Postal / Zip Code
28792
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Lewis Creek
3b. Water Resources Classification of nearest receiving water:"
C, Tr
3c. What river basin(s) is your project located in?*
French Broad
3d. Please provide the 12-digit HUC in which the project is located.
Upper French Broad 06010105
4. Project Description and History
2b. Property size:
Site is 4 acre portion of larger 22.49 acre tract
State / Province / Region
NC
Country
USA
4a. 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 property is in recreational and agricultural use. The land use in the vicinity of the property is residential, commercial, agricultural, and undeveloped forested tracts. The project site
consists of an approximate 4-acre riparian corridor along Lewis Creek from the bridge over Lewis Creek on Chimney Rock Road (US Highway 64) upstream for 2,670 feet. The project site
is currently comprised of agricultural fields, open fields of a public park, and a sparsely wooded riparian buffer. The majority the site has been previously cleared, drained, and has been
used for growing row crops and livestock grazing for decades. The existing stream banks at the project site are incised, eroding, and undercut. The drainage area at the project site is
approximately 4.63 square miles. See attached existing conditions photographs and USGS StreamStats report.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
None in the project area
4g. List the total estimated linear feet of all existing streams on the property:
2,670 If in the project area
4h. Explain the purpose of the proposed project: *
The objectives of the restoration activities is to stabilize stream banks and channel, establish native riparian buffers, construct flood benches, reconnect the stream with the floodplain,
restore aquatic habitat, and to prevent additional soil loss to downstream surface waters. This will improve the natural ecology of streams, wetlands, and buffers at the project site.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Lewis Creek will be restored using natural channel and bank design techniques. The work will provide a more sustainable riparian ecosystem with natural buffers. Channel dimension,
pattern, and profile will be constructed to a tolerable morphology and held in place with multiple in -stream and bank structures. The channel will be stabilized with constructed riffles,
boulder and/or log steps, boulder and/or log vanes. The historical adjacent floodplain areas along Lewis Creek will be improved and restored by constructing low benches and removing
man-made berms.
A minimum 25-ft native herbaceous and woody buffer will be planted in the riparian areas to promote long-term stability, soil strength, and water quality benefits. Mature native trees along
the stream banks will be preserved, when feasible. Disturbed and restored areas of the stream buffer will be replanted using a combination of native riparian seed mix, live stakes, and/or
bare root seedlings. Work will be completed using tracked excavators and dump trucks by a qualified stream restoration contractor. Equipment will be well maintained, cleaned prior to
mobilization, and checked daily for leaks of petroleum products. Fueling operations shall be performed in an area away from all surface waters. See attached plan sheets for additional
details.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
Afield survey of the project area was conducted to locate streams and wetlands. The purpose of the
survey was to make an effective analysis of the presence of waters and wetlands within the project
area in order determine proposed impacts to these aquatic features. Jennings Environmental is not
requesting the Corps make a jurisdiction determination of the aquatic features in the project area.
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
6. Future Project Plans
6a. Is this a phased project?*
Yes 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
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
❑
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
[3f.Typeof
urisdiction*
3g. S. width
3h. Impac?)
length*
S1
Stream restoration
Permanent
Other
Lewis Creek
Perennial
::]
Corps
45
nverege (feet)
2,631
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 3i. Total temporary stream impacts:
2,631 0
3i. Total stream and ditch impacts:
2
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
As this project is an aquatic restoration project, it is impossible to completely avoid impacts to waters. However, considerations were made to minimize
disturbance to the extent necessary to provide appropriate functional uplift to aquatic resources.
O
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Appropriately sized equipment will be utilized to minimize soil compaction and access grading. Scheduling and staging of equipment and materials will
be timed to minimize time spent working in the active stream channel. Ground/soil disturbance will be minimized to the extent possible.
Most of the work will be conducted in sections of existing channel. Due to the size of the watershed, it will not be feasible to pump/pipe around the
stream base flow for the project work. Therefore, the contractor shall use gravel and cobble to create a berm that diverts flows around active work areas
to minimize interaction of stream flows with areas being disturbed by earth and construction activities. Also, construction impacts will be minimized by
limiting in -channel work to low -flow conditions and working from the stream banks where possible.
Graded stream banks will be stabilized by using a native seed mix, straw mulch, and biodegradable erosion control matting. Areas will be stabilized
within 3 working days of bank grading completion. Following construction activities, the site will be planted with native riparian vegetation to establish a
natural stream buffer. Erosion control matting that incorporates plastic mesh and/or plastic twine will not be used within stream channel(s) or along
stream banks.
Any discharge associated with the proposed impacts would consist of suitable clean fill material (no trash, asphalt, etc.). The fill material would also be
free of pollutants in toxic amounts. Proper sediment and erosion control devices would be installed prior to and during construction. Downstream turbidity
levels will likely increase during construction but would subside upon completion of in -stream work. An erosion and sediment control plan will be
submitted to NC DEMLR for review and approval prior to construction. Basic erosion and sediment control details are included on the project plans.
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 this project DOES NOT require Compensatory Mitigation, explain why:
The project objective is to construct a more natural functioning stream reach to replace the degraded and unstable stream reach. The project will result in permanent impacts to waters, but
these impacts will not result in a permanent loss of waters that require compensatory mitigation.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
The project is located in the French Broad Basin.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
Stream restoration project. No impervious area(s) are proposed as part of this project.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? *
Yes No
1b. 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 (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes No
Comments:*
Project is below thresholds for requiring an environmental document.
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)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality? *
Yes No
a
8
3b. If you answered "no," provide a short narrative description.
Project will not result in change in adjacent land uses.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?"
Yes No N/A
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?"
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?"
Yes No
5d. Is another Federal agency involved?"
Yes No
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
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.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Jennings Environmental reviewed the latest versions of NC Natural Heritage Program data on element occurrences for listed species and USFWS online
interactive mapping and species occurrence datasets (IPaC, county species lists, etc.) to determine the likelihood for the presence of federally listed
species and/or their critical in the project area. No listed federally endangered/threatened species were located in/near project site and no suitable
habitat exists based upon information submitted to date.
The project is not located near any known occurrences of hibernacula or maternity roost sites for listed bat species. Onsite evaluations conducted in
November 2022 indicated there are no caves, no cave like features, no sizeable rock cervices, and no out -buildings within the project area which may
provide roosting habitat.
Consideration of potential effects to listed bats assumes the presence of the species, even though it is not known if the species actually occur in the
project area. The forested areas of the project site could be used for roosting and/or foraging by northern long-eared bat (Myotis septentrionalis) and
gray bat (Myotis grisescens). Bat species naturally avoid areas where habitat disturbance activities (elevated noise, tree removal, etc.) are taking place.
There are forested parcels adjacent to the project site. It is expected any bat species that may be present at the site will migrate to forested areas in the
vicinity.
The stream restoration activities will remove less than 1 acre of trees greater than 3-inch dbh within the riparian corridor. Trees will only be removed if it
hinders the restoration objectives. Where possible large native trees within the riparian buffer will not be cut. Also, trees that contain dead wood and
deep crevices will be avoided when feasible. The stream buffer area will be replanted with native herbaceous, shrub, and tree species.
There will be a minor short term disturbance to the wildlife habitats within the project area. However, the project will not destroy or negatively modify the
roosting and foraging habitat of the listed bats species. Long term this habitat should be improved by the stream restoration actions. Thus, the proposed
project should benefit or aid in the recovery of listed species. This project is expected to result in indirect positive benefits to listed bat species. The direct
effects of this action to bat species are believed to be discountable and the long term and cumulative effects of this action will be beneficial.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?'
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
NOAA EFH Mapper
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? "
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?"
Jennings Environmental has reviewed NCDCR maps and online data. There are no known historic resources identified in the project area. A project
description and map were sent to NCDCR for review and comment. A copy of NCDCR's comments are attached.
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:
A no -rise certification has been submitted to Henderson County for review and approval.
8c. What source(s) did you use to make the floodplain determination?"
NCFRIS
Miscellaneous
V
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.
Click the upload button or drag and drop files here to attach document
5101 _LE W IS_CREEK_PERM IT_DRAW I NG_01 MAY2023. pdf
9.24MB
Agent Authorization Form - Henderson County-signed.pdf
37.75KB
DWR Pre -Filing Meeting Request Form.pdf
49KB
ER-22-2021.pdf
150.43KB
IPaC_ Explore Location resources.pdf
627.08KB
Lewis Creek Edneyville Community Center Photos & Figures.pdf
21.72MB
parcelreport 0987.pdf
2.67MB
parcelreport 9560.pdf
2.67MB
Pressley-Auth_Form.pdf
31.74KB
Soil Survey.pdf
802.14KB
StreamStats Lewis Creek, Edneyville, Henderson County, NC.pdf
212.05KB
File must be PDF or KMZ
Comments
Jennings Environmental is requesting a waiver of the Corps' regional condition A2. This request is being made in order to conduct work in waters at the site between October 2023 and
March 2024 and have final grades completed for planting during the dormant period for woody vegetation.
Jennings Environmental is requesting a waiver of the work in the dry condition from DWR since the drainage area is greater than 5 square miles. See Section E, Part 1b above.
Supporting Attachments:
Agent Authorization Form
Permit Design Drawings/Plans
Site Photographs and Figures
USGS StreamStats
Soil Map
NCDCR Comments
401 Pre -filing Meeting Request
Parcel Maps
USFWS IPaC
Signature
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:
David Brown
Signature
Date
5/9/2023
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