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HomeMy WebLinkAbout20100780 Ver 3_401 Application_20180817Action History (UTC -05:00) Eastern Time (US & Canada) Submit by Anonymous User 8/17/2018 12:17:28 PM (Start Event) Accept by Montalvo, Sheri A 8/21/2018 9:49:04 AM (Non DOT Initial Review) • The task was assigned to Montalvo, Sheri A. The due date is: August 22, 2018 5:00 PM 8/17/2018 12:18 PM 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:* Graham 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 Ile. 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?* t' 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?* George Stephens 1b. Primary Contact Email:* george.stephens@brookfieldrenewable.com 1c. Primary Contact Phone:* (XXX)XXX-XXXX (865)414-0774 1d. Who is applying for the permit? V Owner r Applicant (other than owner) r Agent/Consultant (Check all that apply) 2. Owner Information 2a. Name(s) on recorded deed: See Attached Sheet 2b. Deed book and page no.: 2c. Responsible party: (for Corporations) 2d. Address Street Address Address Line 2 City Fbstal / Zip Code 2e. Telephone Number: (xxx)xxx-xxxx 2f. Fax Number: (XXX)XXX-XXXX 2g. Email Address:* george.stephens@brookfieldrenewable.com State / Province / (Region Country C. Project Information and Prior Project History 1. Project Information 1a. Name of project:* Cheoh River Gravel Restoration 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town: Robbinsville 1d. Driving directions* If it is a new project and can not easily be found in a GPS rrapping system Please provide directions. Along highway 129 North from Robbinsville. See attached maps for detail. 2. Project Identification 2a. Property Identification Number: (tax PIN or parcel ID) See attached sheet and map 2b. Property size: (in acres) 2c. Project Address Street Address Address Line 2 Oty State/ Province/ Region Rbstal / Zip Code Country 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:* 35.378419 -83.8775 ex: 34.208504 -77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Cheoah 3b. Water Resources Classification of nearest receiving water:* C, Tr Surface Water Lookup 3c. What river basin(s) is your project located in?* Little Tennessee 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:* Cheoah River below Lake Santeetlah is a bypassed river reach that is part of Brook -field's Smoky Mountain Hydroelectric Project (FERC #2169). A portion of the river lies on property owned by the U.S. Forest Service with the remainder owned by BSMH. The river corridor is nearly all undeveloped and in a forested condition. 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) Click the upload button or drag and drop files here to attach docurrent File type mist be pdf 4c. Attach an 8 1/2X11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Click the upload button or drag and drop files here to attach document File type crust be pdf 4d. List the total estimated acreage of all existing wetlands on the property: 0 4e. List the total estimated linear feet of all existing streams on the property: (intermittent and perennial) 4f. Explain the purpose of the proposed project:* The FERC license for the BSMH Project requires that gravel be added to the Cheoah River for the purpose of restoring aquatic habitat. The intent is to improve stream habitat conditions for aquatic organisms, including state and federally listed species. The project is part of an overall effort to restore a more complete native fish and mussel community. 4g. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: Approbmately 100 cubic yards of natural river gravel will be added directly to the stream channel at 4 sites. Gravel will be installed using a spreader. The sites were chosen for good access to riffle areas needing additional gravel. The initial footprint of each site will be appro)amately 400 square feet. Regularly scheduled high flow releases from Santeetlah dam will assist in distributing the gravel in the stream channel. 4h. Please upload project drawings for the proposed project. Click the upload button or drag and drop files here to attach docurrent 2018 PCN maps.pdf 991.88KB File type rust be pdf 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the propertyor proposed impact areas?* f• Yes f No r Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary F Approved r Unknown f N/A Corps AID Number: Exarrple: SAW -2017-99999 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Lori Beckwith 5d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 10/22/2010 to 3/18/2012 5d1. Jurisdictional determination upload Click 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?* w= Yes r No r Unknown 6b. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW -0000-00000). Corps Action ID 2010-01569, issued 10/22/2010. DWQ WQC 3689, issued 8/25/2010. Corps Action ID 2014- 01758, issued 10/24/2014. DWR WQC 3885 (DWR #10-0780-V2), issued 10-17-2014. Project History Upload nick the upload button or drag and drop files here to attach document File type nust be FDF 7. Future Project Plans 7a. Is this a phased project?* r Yes f No 7b. If yes, explain. The license for the Brookfield Smoky Mountain Hydroelectric Project from the Federal Energy Regulatory Commission requires that gravel be added to the Cheoah River for the purpose of restoring aquatic habitat. The requirement is for 100 cubic yards of natural river gravel every other year. 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): r Wetlands V Streams -tributaries r Buffers F Open Waters F 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 3g. Stream 3h. Impact s type* Type* Jurisdiction* width* length* S1 Site A P Fill Cheoah River Perennial Corps 50 25 1 Ivbp label (e.g. Road Grossing Permanent (F� or Perennial (FES or Average (linear feet) 1) Tenporary (T) intermittent (INT) (feet) S2 Site C P Fill Cheoah River Perennial Corps 50 25 1 lvep label (e.g. Road Grossing Permanent (F) or Perennial (REP) or Average (linear feet) 1) Temporary (T) intermittent (INT) (feet) 2 S3 Site D P Fill Cheoah River Perennial Corps 50 25 1 Nep label (e.g. Road Grossing Fbrrranent (P) or Perennial (PES or Average (linear feet) 1) Temporary (T) intermittent (INT) (feet) S4 Site E P Fill Cheoah River Perennial Corps 50 25 1 Map label (e.g. Road Grossing Permanent (P) or Perennial (PER or Average (linear feet) 1) Temporary (T) intermttent (INT) (feet) 2 5 0 ** All Perennial or Intermittent streams must be verified by DWR or delegated local government 3i. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 100 3i. Total temporarystream impacts: 0 3i. Total stream and tributary impacts: 100 3j. Comments: Approximately 25 cubic yards of clean gravel will be placed at each site. Cheoah River is actually wider than 50 feet at each site, but 50 feet by 25 feet is the projected footprint of the gravel fill. 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 project is designed to improve aquatic habitat in the river by adding natural gravel. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* Gravel will be added directly to the stream bottom by using a conveyor. Trees in the riparian area will not be disturbed. 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 C 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 stormwater 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 C No For a list of options to meet the diffuse flow requirements, click here. If no, explain why: This project is only adding clean river gravel to the stream. No construction or alteration of uplands will occur. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* f Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?* f• Yes f No To look up 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? r Yes r 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)?* r Yes r No 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPAfinal approval letter.)* r Yes r No NEPA or SEPA Final Approval Letter dick the upload button or drag and drop files here to attach docurrent 2016-07-26 usfws section 7 concurrence.pdf 52.38KB 2016-06-27 usfs biological evaluation.pdf 550.87KB RLE TYPE MBT BE FDF 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?* r Yes r No 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?* r Yes r No 3b. If you answered "no," provide a short narrative description. This project is only for the enhancement of aquatic habitat via the addition of clean gravel along the Cheoah River, no further development will result from this influx of gravel along the river bed. 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? r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* r Yes r No r Unknown What Federal Agency is involved? USFWS and USFS 5e. Is this a DOT project located within Division's 1-81* f Yes r No 5f. Will you cut anytrees in order to conduct the work in waters of the U.S.? f Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No Link to the NLEB SLOPES document: http://saw-reg.usace.arTny.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf 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? Direct consultation with USFWS and USFS. Field site investigations. See attached documents. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* f Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* Not in coastal county 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/hpo\Aeb/ 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?* hftp://www.hpo.ncdcr.gov/ 7c. Historic or Prehistoric Information Upload Oick the upload button or drag and drop files here to attach document 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?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: Will only raise stream bed elevation a few inches over a very small area. Project area is a miniscule percentage of the total stream bed area over a 9.1 mile stretch of river. 8c. What source(s) did you use to make the floodplain determination?* http://floodmaps.nc.gov/fmis/MainMap.aspx# Miscellaneous ............................................................................................................................................................................................ Miscellaneous attachments not previously requested. nick the upload button or drag and drop files here to attach docurmnt 29 North Carolina Warranty Deed Project Property (Recorded 111912).pdf 2.44MB 2018 PCN additional info.pdf 27.08KB 2018 PCN maps.pdf 991.88KB File mist be FDF or KNE Signature P 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:* George Martin Stephens III Signature ��2 I%P�If-" Date Submitted: 8/17/2018 Initial Review Is this project a public transportation project?* (? f Yes r No Change only if needed. Has this project met the requirements for acceptance in to the review process?* G Yes f No BIMS # Assigned* 20100780 Version#* 3 Reviewing Office* Asheville Regional Office - (828) 296-4500 Select Project Reviewer* Kevin Mitchell:eads\rkmitchell Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification What amout is owed?* r $240.00 r $570.00 Cheoah River Gravel Restoration Additional Sheets For sites A and C A.3. Owner Information 3a. Name(s) on Recorded Deed: Brookfield Smoky Mountain Hydropower LLC 3b. Deed Book and Page No. Deed Book 324 Page 242-280 3c. Responsible Party (for LLC if applicable): Brookfield Renewable 3d. Street address: 314 Growdon Blvd. 3e. City, state, zip: Tallassee, Tennessee 37878 3f. Telephone no.: 865-856-7581 3g. Fax no.: 3h. Email address: John.Kurimski@brookfieldrenewable.com A. 4. Applicant Information 4a. Applicant is: Agent Other, specify: 4b. Name: George Stephens 4c. Business name (if applicable): 4d. Street address: 314 Growdon Blvd. 4e. City, state, zip: Tallassee, Tennessee 37878 4f. Telephone no.: 865-255-4240 4g. Fax no.: 4h. Email address: george.stephens@brookfieldrenewable.com B.1. Property Identification Site A 1a. Property identification no.: Graham Co. # 565500000001 1b. Site coordinates (in decimal degrees): Latitude: 35.37826 Longitude: - 83.87721 1c. Property size: 1674 acres B.1. Property Identification Site C 1a. Property identification no.: Graham Co. # 565200000001 1b. Site coordinates (in decimal degrees): Latitude: 35.38411 Longitude: - 83.87342 1c. Property size: 2232 acres For sites D and E A.3. Owner Information 3a. Name(s) on Recorded Deed: U.S. Forest Service 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 160 Zillicoa Street, Suite A 3e. City, state, zip: Asheville, NC 28801 3f. Telephone no.: 828-257-4221 (Charlie Powell) 3g. Fax no.: 3h. Email address: A.4. Applicant Information 4a. Applicant is: Agent Other, specify: 4b. Name: Jason Farmer 4c. Business name (if applicable): Nantahala National Forest 4d. Street address: Cheoah Ranger District 1070 Massey Branch Road 4e. City, state, zip: Robbinsville, NC 28771 4f. Telephone no.: 828-479-6431 Ext. 4101 4g. Fax no.: 4h. Email address: jfarmer@fs.fed.us B.1. Property Identification Site D 1a. Property identification no.: Tract NNF 1047-c 1b. Site coordinates (in decimal degrees): Latitude: 35.38235 Longitude: - 83.86853 1c. Property size: Unknown acres B.1. Property Identification Site E 1a. Property identification no.: Tract NNF 1047-c 1b. Site coordinates (in decimal degrees): Latitude: 35.38088 Longitude: - 83.86432 1c. Property size: Unknown acres