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HomeMy WebLinkAbout20241006 Ver 1_ePCN Application_20240724i DWR 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# * 20241006 1 Is a payment required for this project?* No payment required What amount is owed?* Fee received $240.00 $570.00 Fee needed - send electronic notification $323.00 $767.00 Reviewing Office* Select Project Reviewer* Asheville Regional Office - (828) 296-4500 Joey Winston:Joey.Winston Information for Initial Review la. Name of project: Camp Rockmont Stream Relocation la. Who is the Primary Contact? Andrew Bick 1b. Primary Contact Email: * 1c. Primary Contact Phone:* andrew@headwaters-eng.com (828)606-0306 Date Submitted 7/24/2024 Nearest Body of Water North Fork Swannanoa River Basin French Broad Water Classification C Site Coordinates Latitude: Longitude: 35.637628-82.358898 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Buncombe Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No `I 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 401 Water Quality Certification - Express Non-404 Jurisdictional General Permit Riparian Buffer Authorization 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: 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 fig. 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: Lake Eden Preserve, LLC 2b. Deed book and page no.: 6124; 1995 2c. Contact Person: Steve Sandman 2d. Address Street Address 375 Lake Eden Road Address Line 2 City State / Province / Region Black Mountain NC Postal/Zip Code Country 28711 USA 2e. Telephone Number: (828)712-8515 2g. Email Address:* steve@rockmont.com 3. Applicant Information (if different from owner) 3a. Name: Steve Sandman 3b. Business Name: Lake Eden Preserve, LLC 3c.Address Street Address 375 Lake Eden Road Address Line 2 City Black Mountain Postal / Zip Code 28711 3d. Telephone Number: (828)712-8515 3f. Email Address: steve@rockmont.com 4. Agent/Consultant (if applicable) 4a. Name: Andrew Bick 4b. Business Name: Headwaters Engineering, PC 4c.Address Street Address 45 Lotus Place Address Line 2 City Asheville Postal / Zip Code 28804 4d. Telephone Number: (828)606-0306 4f. Email Address:* andrew@headwaters-eng.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Black Mountain 2. Project Identification 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2a. Property Identification Number: 2b. Property size: 0700136415 38.5 2c. Project Address Street Address 375 Lake Eden Road Address Line 2 City Black Mountain Postal / Zip Code 28711 3. Surface Waters 3a. Name of the nearest body of water to proposed project: North Fork Swannanoa River 3b. Water Resources Classification of nearest receiving water: C 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. 060101050601 4. Project Description and History 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 project site is located at the northern end of the Camp Rockmont property. The stream is an unnamed tributary to the North Fork Swannanoa River and currently flows into a small pond before emptying into the North Fork. The stream was moved to its current location at least 20 years ago and its former channel was abandoned. Property use has since changed and the camp intends to return streamflow to its previous channel. A riding ring near the downstream end of the project reach has been decommissioned. The project reach is at the edge of a cleared area with a barn, stables and camp features. Mature forest is present north of the clearing limits and several large trees are present along the abandoned channel. 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: 5.1 acres of freshwater pond 4g. List the total estimated linear feet of all existing streams on the property: 2700 4h. Explain the purpose of the proposed project: * The stream will be returned to its previous channel because the camp no longer desires to route flow into a small pond near the center of the former equestrian area. The equestrian area will be abandoned and flow will be routed into a wooded area with wider buffers than exist along current the stream alignment. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Earthwork is expected to be minimal as the abandoned channel is largely intact. A short section of new channel will be excavated at the upstream end (Reach 1), where an existing culvert will be moved to a new road crossing location. Another short section of channel will be excavated in Reach 3 adjacent to the former riding ring where the abandoned channel lacks definition. Several downed trees and accumulated debris will be removed from the channel. Site observations indicate that the bed of the abandoned channel is largely comprised of large cobbles and small boulders. The plans include several boulder steps and a constructed riffle for grade control, but it is likely that some of these structures will not be necessary once flow is returned to the abandoned channel. Portions of the abandoned channel are also lined by large trees that will provide grade control and bank protection. The objective is to return flow to the abandoned channel with as little disturbance to existing vegetation as possible. Water will be turned into the relocated channel only after the banks and bed have been stabilized with in -stream structures, seed and matting. A flow diversion will be used when the existing culvert is shifted to the new alignment. Cut materials will be placed in the newly abandoned channel. Equipment will include track mounted excavators, dump trucks, a diversion pump and hand tools. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No O Unknown Comments: by ClearWater October 2023 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): ClearWater / EnviroScience Agency/Consultant Company: Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 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 O ❑ 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* fl relocation Permanent Relocation UT to North Fork Swannanoa ff::] Both 8 nverege (feeq 600 (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 3i. Total temporary stream impacts: 600 0 3i. Total stream and ditch impacts: 600 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: The design attempts to minimize disturbance to existing vegetation and will make use of on -site cobble and small boulders to create riffle and pool habitats. Where grading is necessary, the banks will be stabilized with native herbaceous and woody plants. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Work will be scheduled during periods of low flow. The relocated channel will be fully stabilized with structures, seed and matting before flow is turned into the new channel. A flow diversion will be used when an existing culvert is moved to the new road crossing location in order to minimize downstream sediment impacts. 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 will result in net improvements in aquatic habitats and buffers. 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 will not result in any increase in impervious surface area. 2. Stormwater Management Plan Q n 2a. Is this a NC DOT 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: A stormwater management plan is not required for this restoration project. 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 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. This will be a discrete stream restoration project. 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 Unknown 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 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? USFWS critical habitat mapper 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 essential fish habitat 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? HPOWEB 2.0 website 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?" NCFRIS website 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. Click the upload button or drag and drop files here to allach document supplemental info camp rockmont.pdf 4.04MB File must be PDF or KMZ Comments Plans, photos, supporting calculations and an agent authorization form are attached to this submittal. 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: Andrew Bick Signature Date 7/24/2024 8