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HomeMy WebLinkAbout20240823 Ver 1_ePCN Application_20240613DW R Division of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) October 2, 2023 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. Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or fuel, including natural gas, diesel, petroleum, or electricity? Yes No BIMS # Assigned Version# * 20240823 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Winston-Salem Regional Office - (336) 776- 9800 Information for Initial Review la. Name of project: Cranberry Creek Restoration Project la. Who is the Primary Contact?* Andy Hill 1b. Primary Contact Email: * Andy@mountaintrue.org Date Submitted 6/13/2024 Nearest Body of Water Cranberry Creek (Mulberry Creek) Basin New Water Classification B;Tr:+ Site Coordinates Latitude: 36.3882 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Ashe Is this a NCDMS Project Yes No Longitude: -81.2683 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Rebecca Chandler:rebecca.chandler 1c. Primary Contact Phone:* (828)406-2429 $570.00 $767.00 Q V 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 permit(s) 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 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 DWR 401 Certification: Yes No For the record only for Corps Permit: Yes No 1f. Is this an after -the -fact permit application? * Yes No 1g. 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. Name(s) on recorded deed: Conservation Trust of NC 2b. Deed book and page no.: IDS 538/PG 1517 2c. Contact Person: Rusty Painter 2d. Address Street Address PO Box 33333 Address Line 2 City State / Province / Region Raleigh NC Postal / Zip Code Country 27636-3333 us 2e. Telephone Number: 2f. Fax Number: (919)452-1396 2g. Email Address:* rusty@ctnc.org 3. Applicant Information (if different from owner) 3a. Name: Andy Hill 3b. Business Name: MountainTrue 3c.Address Street Address 164 Depot Street Address Line 2 City State / Province / Region Boone NC Postal / Zip Code Country 28607 us 3d. Telephone Number: 3e. Fax Number: (828)406-2429 3f. Email Address:* Andy@mountaintrue.org 4. Agent/Consultant (if applicable) 4a. Name: Joseph Sullivan 4b. Business Name: KO Technologies, inc. 4c.Address Street Address 4505 Falls of Neuse Road, Suite 400 Address Line 2 City State / Province / Region Raleigh NC Postal / Zip Code Country 27609 us 4d. Telephone Number: 4e. Fax Number: (919)278-2533 (919)783-9266 0. Email Address:* joe.sullivan@kci.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Laurel Springs 2. Project Identification O 2a. Property Identification Number: 14429058 2b. Property size: 19.61 2c. Project Address Street Address East of the Blue Ridge Pkwy and South of Laurel Fork Rd Address Line 2 city Laurel Springs Postal / Zip Code 28644 3. Surface Waters 3a. Name of the nearest body of water to proposed project: " Cranberry Creek (Mulberry Creek) 3b. Water Resources Classification of nearest receiving water:' B;Tr:+ 3c. What river basin(s) is your project located in? New 3d. Please provide the 12-digit HUC in which the project is located. 050500010208 4. Project Description and History State / Province / Region NC Country US 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 site is located along the Blue Ridge Parkway. The property is mostly forested with cleared areas along the site access road and around the perimeter of the pond. The surrounding area is a mixture between forest and cleared agricultural land with associated facilities. 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: 0.192 4g. List the total estimated linear feet of all existing streams on the property: 1,045 4h. Explain the purpose of the proposed project:* The restoration project includes the removal of an earthen dam, pond, and culvert along UT Cranberry Creek as well as another culvert on Unnamed Tributary 2 (UT2). The goal of the project is to restore natural stream morphology to a headwater system that drains into Cranberry Creek. The project will improve aquatic organism passage, instream habitat, and natural stream processes along both project streams. Both the earthen dam and culverts are in poor condition, and the removal of these structures will provide protection to downstream habitat while increasing aquatic connectivity within the system. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Construction will begin by draining the pond first. Once drained, the majority of the earthen dam will be removed and excavated material will be placed along relatively flat areas around the margins of the pond and access road. Four cascading riffle structures and three boulder steps will then be installed beginning just upstream of the dam and ending approximately 120' downstream near the existing stand -pipe outlet. A sloped floodplain bench will be installed along both sides of the channel, and then a terrace slope will be graded at a 2:1-3:1 slope to tie out to existing ground. Following the removal of the dam and downstream channel work, the 18" CMP located at the upstream end of the pond will be removed. Once all permanent stabilization measures associated with the restoration of UT Cranberry Creek have been installed, construction along UT2 will begin. Construction along UT2 will begin by installing a pump -around operation to allow all grading to be completed in dry conditions. The existing 48" CMP will then be removed and replaced with a cascading riffle structure comprised of cobble and small boulders. The restoration areas will be planted with native species during the dormant season following construction implementation. A variety of heavy equipment may be used for this project, including track hoes, front-end loaders, back hoes, and dump trucks. See attached Technical Memorandum for more details on the Design and Implementation. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: PJD Request is attached to the PCN 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): Conor Veeneman Unknown Agency/Consultant Company: KCI Technologies Inc. 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 2. Wetland Impacts O 2a1 Reason (?) 2b. Impact type*(?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area * W1 Stream Restoration P Headwater Forest WS No Corps 0.007 (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.007 2g. Total Wetland Impact 0.007 21. Comments: All wetland impacts are the result of stream restoration activities associated with the removal of the dam. 3. Stream Impacts F S1 3a. Reason for impact (?) Stream Stabilization 3b.lmpact type* Temporary 3c. Type of impact* Stabilization 3d. S. name* UT Cranberry Creek 3e. Stream Type* ?) Perennial 3f. Type of Jurisdiction* Corps 3g. S. width Average (feet) 3h. Impact length* 16 (linear feet) g2 Stream Stabilization Temporary Stabilization UT2 Perennial Corps Average (feet) 18 (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 31. Total temporary stream impacts: 0 34 3i. Total stream and ditch impacts: 34 3j. Comments: The S1 stream impact is due to stream restoration activities following the removal of the UT Cranberry Creek Dam. the S2 stream impact is due stream stabilization following the removal of an existing culvert. The stabilization of the stream banks in the vicinity of the structures will involve addition of rock material and installation of soil lifts and live stakes. 4. Open Water Impacts 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type �114e. Waterbody type 4f. Impact area P1 Dam Removal & Stream Restoration P ]E�� Drainage Pond 0.41 4g. Total temporary open water Impacts: 4g. Total permanent open water impacts: 0.00 0.41 4g. Total open water impacts: 0.41 4h. Comments: The pond will drained in order to remove an existing dam that is an impediment to aquatic organism passage. The pond will then be restored to a stream (UT Cranberry Creek). E. Impact Justification and Mitigation O 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The project will involve the removal of a deteriorated dam structure and the restoration stream banks and the stream bed. Wetlands will likely form in the area of the drained pond, adjacent to the restored UT Cranberry Creek. Existing crossings will be utilized to avoid the need for temporary impacts during construction. The design also incorporates erosion and sediment control measures to minimize sediment release during construction. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction will begin by draining the pond first. Downstream areas of the restored UT Cranberry Creek will be designed to serve as a sediment sink while the stream adjusts through the pond. A pump -around will be used during the restoration of UT Cranberry Creek through the drained pond. Restoration of UT2 will begin by installing a pump -around operation to allow all grading to be completed in dry conditions. All permanent stabilization measures will be implemented prior to demobilization. Typical sediment and erosion control practices will be implemented (See Soil and Sediment and Erosion Control 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: Project is a stream restoration 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 not located with a protected 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: 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? * 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: N/A 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 3b. If you answered "no," provide a short narrative description. Project is a dam removal and stream restoration. These activities will not lead to additional development. 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 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 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? NC NHP database was consulted on 3128/2024. A Biological Evaluation was submitted to USFWS for concurrence on 5/20/2024 and their concurrence is attached. 6. Essential Fish Habitat (Corps Requirement) Ga. 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? Essential Fish Habitat Mapper. http://www.habitat.noaa.gov/protection/efh/efhmapper/index.html 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? NC SHPO conducted a review of the project and determined no historic resources would be affected by the project. See attached concurrence letter. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No 8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program Miscellaneous O 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 CranberryCreek_Attachments _Combined.pdf 17.85MB File must be PDF or KMZ Comments A Pre -Application call with the USACE (Amanda Fuemmeler) and NCDEQ (Rebecca Chandler) was conducted on 4/29/24. Signature 0 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: Joseph Sullivan Signature Date 6/13/2024