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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 2/7/20, 1:22 PMArcGIS Web Application Page 1 of 1https://viewer.nationalmap.gov/advanced-viewer/viewer/index.html USGS The National Map: National Boundaries Data… 0.2mi0.2mi 0.2mi0.2mi 0.2mi0.2mi 0.2mi0.2mi 0.2mi0.2mi 0.2mi0.2mi 0.2mi0.2mi0.2mi0.2mi -83.481 35.142 Degrees + – Scale: 1:18,056 Zoom Level: 15 Help Data Download !1965 Crawford Road, Franklin, NC, 28734, USA" Show search results for 1965 C1965 C…