HomeMy WebLinkAbout20140832 Ver 3_PCN Form Submission_20200324DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
G Yes r No
Change only if needed.
BIMS # Assigned * Version#*
20140832 3
Is a payment required for this project?*
r No payment required What amout is owed?*
r Fee received
r $240.00
r Fee needed - send electronic notification
r $570.00
Reviewing Office *
Select Project Reviewer*
Asheville Regional Office - (828) 296-4500
Andrew Moore:eads\awmoore3
Information for Initial Review
1a. Name of project:
Cartoogechaye Creek Repair
1a. Who is the Primary Contact?*
Killian Family Farm, Inc.: Attn: Frank and Sallie Killian
1b. Primary Contact Email:*
fkillian@gmail.com
Date Submitted
3/24/2020
Nearest Body of Water
Upper Cartoogechaye Creek
Basin
Little Tennessee
Water Classification
2-19-(1): WS-III; Tr
Site Coordinates
Latitude: Longitude:
35.140858-83.48708
A. Processing Information
County (or Counties) where the project is located:
Macon
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?
* Nationwide Permit (NWP)
* Regional General Permit (RGP)
7 Standard (IP)
1c. Primary Contact Phone:*
(828)772-0576
U
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
13 - Bank Stabilization
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR401 Certification:
For the record only for Corps Permit:
F 401 Water Quality Certification - Express
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
W Owner r Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
KILLIAN FAMILY FARM, INC C/O SALLIE KILLIAN
2b. Deed book and page no.:
P-17/73
2c. Responsible party:
Frank and Sallie Killian
2d.Address
Street Address
1965 Crawford Road
Address Line 2
PO Box 435
city
Franklin
Postal / Zip Code
28744
2e. Telephone Number:
(828)772-0576
2g. Email Address:*
fkillian@gmail.com
4. Agent/Consultant (if applicable)
4a. Name:
Zan Price, PE
State/ Rwince/ Rion
NC
Country
USA
2f. Fax Number:
r Yes r No
r Yes r No
4b. Business Name:
Jennings Environmental PLLC
4c.Address
Street Address
7 Samuel Ashe Drive
Address tine 2
Cty
Asheville
Postal / Zip Code
28805
4d. Telephone Number:
(828)712-9194
4f. Email Address:*
zan@jenningsenv.com
Agent Authorization Letter*
Agent Authorization Form Killian.pdf
Slate / Province / Region
NC
Country
USA
4e. Fax Number:
475.68KB
C. Project Information and Prior Project History
I
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/ town:
Franklin
2. Project Identification
2a. Property Identification Number:
6553-78-7760
2c. Project Address
Street Address
1965 Crawford Road
Address tine 2
CKY
Franklin
Postal / Zip Code
28734
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Upper Cartoogechaye Creek
3b. Water Resources Classification of nearest receiving water:*
2-19-(1): WS-III; Tr
3c. What river basin(s) is your project located in?*
Little Tennessee
3d. Please provide the 12-digit HUC in which the project is located.
060102020104
4. Project Description and History
2b. Property size:
0.8 of 248.28 acres
State / Province / Region
NC
Country
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:*
This project involves the repair of a prior authorized stream restoration. Due to extreme weather conditions since the project was constructed and the vulnerability of the channel and
streambanks post -restoration, some bank erosion has occurred. The channel has adjusted in some locations and is in need of additional repair to restore channel stability.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
USACE Action ID: 2014-01433; DWR 2014-0832
Project History Upload
NWP 27 2014 Killian.pdf
384.73KB
4d. 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)
Cartoogechaye Killian Topo.pdf
690.93KB
4e. 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)
Killian Cartoogechaye Soil_Report.pdf 804.47KB
4f. List the total estimated acreage of all existing wetlands on the property:
Unknown
4g. List the total estimated linear feet of all existing streams on the property:
3800
4h. Explain the purpose of the proposed project:*
The purpose of the project is to biostabilize eroding streambanks in several areas along 3800 linear feet of Cartoogechaye Creek to improve natural ecological conditions.
Cartoogechaye Creek within the property received restoration in a prior year, but continues to experience some streambank erosion on several meander bends. The watershed
drainage area for Cartoogechaye at the site is 38.1 square miles, consisting of mostly forest With some agricultural and low -density residential land uses. The land area surrounding the
proposed restoration project is primarily agriculture.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The stream will be enhanced and stabilized using natural channel design techniques and native vegetation to improve ecological conditions and streambank stability. The project will
provide a sustainable ecosystem with stable streambanks and natural riparian buffer. Along meanders that are migrating into the farm fields, five bioengineered structures will be
installed. These include boulder toe protection and vegetated soil lifts. Native riparian vegetation will be established to support long-term stream health. Disturbed areas will be seeded
with a temporary and native permanent cover. Native live stakes and trees Will be planted along the floodplain and in riparian areas. An improved ford crossing Will be installed in a riffle
section of the stream. The project will have a positive impact on the downstream surface waters by reducing sediment loading. Equipment Will include trackhoe excavators, loaders, and
track trucks for grading and structure installation.
4j. Please upload project drawings for the proposed project.
20200320 4519025 REVISED 80 % ISSUE FOR PERMITTING.pdf 22.72MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
5d1. Jurisdictional determination upload
6. Future Project Plans
r Unknown
6a. Is this a phased project?*
r Yes r 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?
N/A
FD. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
r Wetlands W Streams -tributaries f Buffers
r Open Waters r Pond Construction
3. Stream Impacts
❑ 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * ��3e. Stream Type* 3f. Type of 3g. S. width * 3h. Impact
(?) Jurisdiction* length*
Streambank Biostabilization Permanent Bank Stabilization Cartoo echa a Creek Perennial Both 20 875
S1 9 Y Average (feet) (li �rfeet)
Ford Permanent Other Cartoogechaye Creek Perennial Both 20 30
Average (feet) i (linearfeet)
31. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts:
905
3i. Total stream and ditch impacts:
905
3i. Total temporary stream impacts:
3j. Comments:
Toe rock, and vegetated geolifts will be installed and disturbed areas will be replanted with native vegetation adapted to site conditions.
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:
Stream restoration is needed to achieve ecological objectives and enhance farm field protection along the stream reach and downstream. Impacts will
be minimized by maintaining as much as possible the existing stream channel and natural riparian buffer.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction impacts will be minimized by limiting in -channel work to low -flow conditions and temporarily diverting flow around the work zones.
Streambanks and other disturbed areas will be stabilized based on plans using a seed mix, straw mulch, and biodegradable erosion control mat.
Existing healthy stream buffers will be protected to the maximum extent possible.
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?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
% loss of stream channel will occur as a result of this project.
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?
r Yes r No
If no, explain why:
Project does not lie within the Neuse, Tar -Pamlico, Catawba, nor Randleman basins.
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
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?*
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
Comments:*
NEPA for NWP 27 has been addressed by the US Army Corps of Engineers. Additionally, the property is in agricultural production.
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 21-1.1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
r- Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r- Yes f• No
3b. If you answered "no," provide a short narrative description.
The Killian Farm is in agricultural use and is not expected to be developed in the near nor distant future.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
rYes r- Nor NtA
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
5d. Is another Federal agency involved?*
r Yes r No
What Federal Agency is involved?
NRCS-EQIP maintenance project
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
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r- Yes r No
r Unknown
51. 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.?
r- Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS Asheville Field Office website reviewed for information for the species. The Little Tennessee River upstream of Franklin in NC is designated
critical habitat for the Spotfin chub (Erimonax monachus). Cartoogechaye Creek is a tributary of the Little Tennessee River within the critical habitat
designated area. It is not believed to be occupied habitat for this species. Please submit this project for review under ESA, Section 7.
Consultation Documentation Upload
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?*
NOAA-EFH 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?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
SHPO Historic Properties Map. SHPO compliance should have been completed by NRCS (Jim Errante, Archeologist) for the original restoration. We do
not have documentation of SHPO compliance for the project, but NRCS should have the original documents.
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8b. If yes, explain how project meets FEMArequirements:
NRCS funded stream restoration project will be in compliance with Flood Ordinance of Macon County which states: "The placement of fill material of
any nature and for any purpose shall be prohibited except in accordance with and pursuant to a plan approved by the Natural Resources
Conservation Service or the Soil Conservation Service of the United States Department of Agriculture for the purposes of conservation, stream bank
restoration or watershed protection; or in furtherance of, and to implement the installation of, measures designed by a licensed engineer and
permitted with a Macon County Land Disturbance Permit to comply with the Macon County Soil Erosion and Sedimentation Control Ordinance or the
Sedimentation Pollution Control Act of 1973 of the State of North Carolina."
8c. What source(s) did you use to make the floodplain determination?*
fema.gov mapper
Miscellaneous L.
Comments
Miscellaneous attachments not previously requested.
Signature
W 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:
Zan Price
Signature
Date
3/24/2020
7 Samuel Ashe Drive, Asheville, NC 28805
greg@jenningsenv.com
919-600-4790
AGENT AUTHORIZATION FORM
Property Address: ff/r -h
The undersigned, registered property owner(s) of th&above noted property, do hereby
authorize Jennings Environmental PLLC to act on the property owner's behalf and take all ;Z,*71V
actions necessary for the processing, issuance, and acceptance of this permit or certification
and any and all standard and special conditions attached.
The property owner(s) hereby certify that the information submitted in this application is true
and accurate to the best of our knowledge.
Property Owner(s):
1 _ r�� S+��i
Owner(s) Address:
Ale
Owner(s) Phone: i���
�-42 4 71r,
f
Owner(s) Email:
r
Authorized Signature(s) /
Date
Jennings Environmental PLLC is licensed with the North Carolina Board of Examiners for Engineers and Surveyors and is authorized to
practice engineering under the provisions of Chapter 89C and 55B of the General Statutes of North Carolina. License Number P-1932
III CAM My
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