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