HomeMy WebLinkAbout20181055 Ver 1_401 Application_20180801Action History (UTC -05:00) Eastern Time (US & Canada)
Submit by Anonymous User 8/1/2018 7:48:02 AM (Start Event)
Accept by Montalvo, Sheri A 8/2/2018 2:19:28 PM (Non DOT Initial Review)
• The task was assigned to Montalvo, Sheri A. The due date is: August 6, 2018 5:00 PM
8/1/2018 7:49 AM
DWR
Division of water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
January 31, 2018 Ver 2.3
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered.
Also, if at any point you wish to print a copy of the E -PCN, all you need to do is right -click on the document and you can print a copy of the form.
Below is a link to the online help file.
https://edocs.deq.nc.govMaterResources/0/edocl6247041PCN%20Help%20File%202018-1-30.pdf
A. Processing Information
County (or Counties) where the project is located:*
Henderson
Is this project a public transportation project?*
f Yes f• No
This is any publicly funded by nunicipal,state or federal funds road, rail, airport transportation project.
1a. Type (s) of approval sought from the Corps:*
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
F Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?*
IJ Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
This form may be Corps to initiate the standard/individual permit process. Please contact your Corps representative for submittal of standard permits.
All required items that are not provided in the E -PCN and be added to the miscellaneous upload located at the bottom of this form.
Nationwide Permit (NWP) Number: 27 - Restoration
NWP Number Other:
List all IWV nurrbers you are applying for not on the drop down list.
1c. Type(s) of approval sought from the DWR:*
check all that apply
IJ 401 Water Quality Certification - Regular r 401 Water Quality Certification - Express
F Non -404 Jurisdictional General Permit r Riparian Buffer Authorization
r Individual Permit
*
1d. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
O Yes O No
For the record only for Corps Permit: O Yes O No
1e. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
If so, attach the acceptance letter from mitigation bank or in -lieu fee program
f Yes C No
1f. Is the project located in anyof NC's twentycoastal counties?*
r Yes C No
1h. Is the project located in a designated trout watershed?*
f• Yes f No
Link to trout information: http://vmw.saw.usace.army.mil/Missions/Regulatory-Permit-ProgranVAgency-Coordination/Trout.aspx
B. Applicant Information
1a. Who is the Primary Contact?*
Greg Jennings
1b. Primary Contact Email:*
greg@jenningsenv.com
1c. Primary Contact Phone:*
(XXX)XXX-XXXX
(919)600-4790
1d. Who is applying for the permit?
❑ Owner r Applicant (other than owner) rJ Agent/Consultant
(Check all that apply)
2. Owner Information
2a. Name(s) on recorded deed:
Kevin Dean Klingensmith
2b. Deed book and page no.:
book 1567, page 564
2c. Responsible party:
(for Corporations)
2d. Address
Street Address
3946 Evans Road
Address Line 2
City
Hendersonville
Fbstal / Zip Code
28739
2e. Telephone Number:
(XXX)XXX-XXXX
(828)200-7811
2f. Fax Number:
(XXX)XXX-)O=
2g. Email Address:*
dino250r@hotmail.com
4. Agent/Consultant (if applicable)
4a. Name:
Greg Jennings
State/ Province/ Region
NC
Country
USA
4b. Business Name:
(if applicable)
Jennings Environmental
4c. Address
Street Address
7 Samuel Ashe Drive
Address Line 2
aty
State / Province/ Region
Asheville
NC
Rbstal / Zip Code
Country
28805
USA
4d. Telephone Number:
(919)600-4790
(XXX)XXX-)O=
4e. Fax Number:
(XXX)XXX-XXXX
4f. Email Address:*
greg@jenningsenv.com
Agent Authorization Letter*
Rease provide the Agent Authorization Letter if you are subrritting this docurrent.
Agent Authorization Klingensmith.pdf 333.96KB
RLE TYPE M-67 BE RDF
C. Project Information and Prior Project History
1. Project Information
1a. Name of project:*
UT SENTELL CREEK POND REMOVAL AND STREAM RESTORATION
1b. Subdivision name:
(if appropriate)
1 c. Nearest municipality / town:
Hendersonville, NC
1d. Driving directions*
f it is a new project and can not easily be found in a CPS mapping system Rease provide directions.
Follow Big Willow Road South from US64 to Evan Road. Turn into driveway at 3946 Evans Road. Stream is in backyard of residential lot.
2. Project Identification
2a. Property Identification Number:
(tax RN or parcel ID)
1006975
2b. Property size:
(in acres)
8
2c. Project Address
Street Address
3946 EVANS ROAD
Address Line 2
City
State/ Province/ Region
HENDERSONVILLE
NC
Postal / Zip Code
Country
28739
USA
2d. Site coordinates in decimal degrees
Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as
appropriate, based on how the location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to
map coordinates to 5 or 6 digits after the decimal place.)
Latitude:* Longitude:*
35.283086 -82.549372
ex: 34.208504 -77.796371
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Sentell Creek
3b. Water Resources Classification of nearest receiving water:*
C;Tr
Surface Water Lookup
3c. What river basin(s) is your project located in?*
French Broad
River Basin Lookup
4. Project Description
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 stream is impounded by two earthen dams for approximately 200 linear feet and is filling in with sediment
transported from the upstream watershed. The ponds were constructed during the 2010-2012 timeframe by a
previous property owner without obtaining DA authorization for approximately 195 linear feet of permanent impacts
to waters of U.S. This project will remove the impoundments and restore the stream to natural equilibrium
conditions with native riparian buffer.
4b. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for
DWR)
Qick the upload button or drag and drop files here to attach docurrent
UT—Se ntell_Creek_USGS.pdf 17.15MB
File type mist be pdf
4c. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site.
(for DWR)
nick the upload button or drag and drop files here to attach docurrent
UT—Se ntell_Creek_NRCS.pdf 2.01 MB
File type mist be pdf
4d. List the total estimated acreage of all existing wetlands on the property:
0.2
4e. List the total estimated linear feet of all existing streams on the property:
(intermttent and perennial)
1,500
4f. Explain the purpose of the proposed project:*
The stream is impounded by two earthen dams for approximately 200 linear feet and is filling in with sediment
transported from the upstream watershed. The ponds were constructed during the 2010-2012 timeframe by a
previous property owner without obtaining DA authorization for approximately 195 linear feet of permanent impacts
to waters of U.S. This project will remove the impoundments and restore the stream to natural equilibrium
conditions with native riparian buffer.
4g. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Existing ponds will be de -watered and streamflowwill be diverted around the work area. Earthen dams will be
removed and replaced with a series of natural riffles and pools to restore equilibrium stream functions with native
riparian buffer. Equipment will be trackhoe excavator and track loader.
4h. Please upload project drawings for the proposed project.
Qick the upload button or drag and drop files here to attach docurrent
UT Sentell Creek Plans.pdf 615.84KB
File type crust be pdf
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
f Yes IT No r Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Unknown F N/A
Corps AID Number:
Example: SAW -2017-99999
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
5d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5dl. Jurisdictional determination upload
(lick the upload button or drag and drop files here to attach document
File type mist be FDF
6. Project History
6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past?*
t' Yes f• No r Unknown
7. Future Project Plans
7a. Is this a phased project?*
f Yes f•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? This includes other separate and distant crossing for linear projects that require Department of the
Army authorization but don't require pre -construction notification.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
F- Wetlands V Streams -tributaries r- Buffers
r- Open Waters r Pond Construction
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites
impacted.
...... ............
3a. Reason for impact*3b.lmpact 3c. Type of impact*3d. Stream name* 3e. Stream 3f. Type of
type * Type * Jurisdiction*
S1 Restoration P Excavation UT Sentell Creek Perennial Both
rvbp label (e.g. Road Qossing Pernanent (P) or Perennial (PEI:� or
1) Tenporary (T) internittent (INT)
" All Perennial or Intermittent streams must be verified by DWR or delegated local government.
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
200
3i. Total temporary stream impacts:
0
3i. Total stream and tributary impacts:
200
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:*
Removal of earthen dams required by permitting agencies due to previous unauthorized fill. Restoration objectives
require grading and construction of natural riffles and pools to achieve ecological objectives.
3g. Stream 3h. Impact s
width * length *
5 200 1
Average (linear feet)
(feet) 0
0
0
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:*
Streamflowwill be diverted around the work area using a flepble hose so that construction can occur in the dry. All
disturbed area will be stabilized before turning the streamflow back into restored stream channel.
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?
f Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
— Recent changes to the stormvater rules have required updates to this section .***
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?
f Yes r No
For a list of options to meet the diffuse flow requirements, click here.
If no, explain why:
No buffer exists on the stream due to unauthorized fill and conversion to ponds in 2010-2012 timeframe. This project will restore the natural
riparian 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 15A NCAC 02H .1003(2)?*
r Yes
r No
To lookup low density requirement click here 15A NCAC 02H.1003(2)
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?*
f 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
2b. Is this an after -the -fact permit application?*
f Yes r No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
The stream is impounded by two earthen dams for approximately 200 linear feet and is filling in with sediment
transported from the upstream watershed. The ponds were constructed during the 2010-2012 timeframe by a
previous property owner without obtaining DA authorization for approximately 195 linear feet of permanent impacts
to waters of U.S. This project will remove the impoundments and restore the stream to natural equilibrium
conditions with native riparian buffer.
3. Cumulative Impacts (DWR Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact
nearby downstream water quality?*
f Yes r No
3b. If you answered "no," provide a short narrative description.
Property is fully developed as low-density residential.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor 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?*
f Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
f Yes r No
5d. Is another Federal agency involved?*
f 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
r Unknown
Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pctf
5h. Does this project involve the construction/installation of a wind turbine(s)?*
f Yes r 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.?
f Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
https://wm.fws.gov/endangered/
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?
https://v wv.fisheries.noaa.gov/national/habitat-conservation/essential-fish-habitat
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/
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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)?*
f Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
http://gis.ncdcr.gov/hpoweb/
7c. Historic or Prehistoric Information Upload
Click the upload button or drag and drop files here to attach docurent
File rust be FDF
8. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*
f Yes r No
8c. What source(s) did you use to make the floodplain determination?*
https://msc.fema.gov/portal/search
Miscellaneous
Miscellaneous attachments not previously requested.
Click the upload button or drag and drop files here to attach docurrent
UT_Sentell_Creek_Endangered_Species_Habitat.pdf 1.1 MB
UT_Sentell_Creek_DFIRMette.pdf 1.62MB
UT_Sentell_Creek_StreamStats.pdf 144KB
File must be RDF or KNE
Signature
17 By checking the box and signing below, I certify that:
■ 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:*
Greg Jennings
Signature
Date Submitted:
8/1/2018
Initial Review
............................................................................................................................................................................................................................................................................................
Is this project a public transportation project?*(?)
f Yes r No
Change only ff needed.
Has this project met the requirements for acceptance in to the review process?
r Yes
f No
BIMS # Assigned
20181055
Version#*
1
Reviewing Office*
Asheville Regional Office - (828) 296-4500
Select Project Reviewer*
Andrew Moore: eads\awmoore3
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
What amout is owed?*
f $240.00
F $570.00