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HomeMy WebLinkAbout20200419 Ver 1_401 Application_20200326Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps:: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 13 & 27 or General Permit (GP)', number: ; 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ®No 1f. 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. ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project; Dye -Fischer Project 2b. County: Ashe 2c. Nearest'' municipality / towns Creston 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A K AAAR.. i YI/`i IN Z b 01U v TRANSPORTATION WATER ERMr NG UNIT Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 3. Owner Information. 3a. Name(s)'on Recorded Deed` Laura Dye & Steven Fischer and wife Elizabeth Fischer 3b. Deed Book and Page No. Deed Book 442, page 1553 & Deed Book 488, page 1031 3c. Responsible Party (for LLC if applicable):. Laura Dye 3d. Street address: 324 Roy Kemp Road 3e. City, state, zip: Creston NC 28615 3f. Telephone no.: 281-460-8357 3g. Fax no.: N/A 3h. Email address: Idye20l0@gmaiLCom 4. Applicant information (if different from owner) 4a. Applicant is ® Agent El Other, specify:. 4b. Name: Glen Sullivan 4c. Business name (if applicable): Foggy Mountain Nursery 4d, Street address: 2251 Ed Little Road 4e. City, state, zip. Creston NC 28615 4f. ,Telephone no.: 336-384-5323 4g. Fax no.: 336-384-3764 4h. Email address: foggymtn @skybest.com 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 11 B pro�ect,lnformation and Prior,Proilect History: 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): 03080078 & 03080077 Latrtude Longitude 1 b„ Site coocdmates (m decimal degrees): "(36.441602,f 1 c Properfy-size;; 9.482 & 4.719 acres 2 tu"ifacenlNaters 2a Naame ornearest body of water(strearn, aver,; etc,) to North Fork New River proposed project;' 2b. Water Quality Classification of nearest receiving water: C;ORW 2c River'basrn map is available at New httpJ/h2a enr state nc,us/admen/maps) 3. Project Description 3a ,pescnhe,the exstmg,condittonson the site and, the general land, use inwtfiejviclmtyof theprotect atthe tme,of this 009icatton3 The project site is located along the North Fork of the New River 1.1 miles northeast of Creston, NC. Landcover in the area consists of mixed hardwood conifer, managed herbaceous cover, and mixed upland hardwoods. The property is used as a permanent dwelling for landowners and their family. Surrounding land use is primarily rural residential with some agricultural use. River banks at the property are moderately to severely eroded due to the lack of vegetative buffer along stream. 3b Llst the total estimated acreage of all exlstmg; wetlands on the property;; O none 3c Ltst the total estimated I[near feet,of allexistmg streams,(an,termlttent„and perennial) on the property, 1,�551,If ofthe North Fork_New_R�uer� 3d._TExplain the,pur�ose of the propased prolecf To repair and stabilize eroding banks by re-establishing proper bank profiles through bank reshaping and with 2 in -stream structure and to improve water quality. To improve habitat for aquatic fauna and to improve the overall condition of the riparian areas at the site. Describe the overall project,in detail, including the typewof equipment to be used': Eroding banks will be reshaped to approximately 2:1, or flatter and planted with native vegetation. Two (2) rock vanes will be constructed to divert the thalwag back to the center of the stream. During construction a track hoe will do the work from the bank, although the track hoe may have to access the stream to construct the end of the rock vanes. After construction the bank will be seeded with native grass seed and sloped bank will be covered with erosion control matting and anchored with live stakes and landscape staples. Flat areas will be seeded and mulched with straw. All areas will be planted with live stakes (Silky Willow, Salix Sericea) (Silky Dogwood, Cornus amomum) (Elderberry, Sambucus canadensis) along with native rhododendron mtn laurel and riverbirch 4. Jurisdictional Determinations 4a Have �urisdictioral wetland'or stream determinations' by the Corps or State been requested or obtained• for this propertyl Yes fUo Unknown profect;( ncludin g,all prror phases) m the„pasty _ _ ,Q Comments 4b if the Corps made the �unsdictonal determination, what type L—}. Preliminary, Final ofi determination was made' 4c If,yes, who delmeatedxthe tunsdictionat areas? Agency/ConsultantCompany fi Name (if known] _x _ _w Other 4d_ if yes; list the dates of fhe,CorpsJ� #isdictional. determinations or State,determinat ons and attach;, documentation;= Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Project History 5a. Have permits or certifications been requestedor obtained for this project (including all prior phases) in the past? El Yes Z No El Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 4 of 11 C. Proposed Impacts Inventory 1. Impacts Summary I a. Which sections were completed belowfor your project (check all that apply): F-1 Wetlands El Streams - tributaries ❑ Buffers M Open Waters ❑ Pond Construction 2. Wetland:,Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number— Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland (if known) 2d. Forested 2e. Type of jurisdiction (Corps - 404, 10 DWQ — non-404, other) 2f. Area of impact (acres) W1 OPMT ❑ Yes ❑ No ❑ Corps ❑ DWQ W2 DPMT ❑ Yes ❑ No ❑ Corps ❑ DWQ W3 EIPMT ❑ Yes ❑ No ❑ Corps ❑ DWQ W4 EIPMT ❑ Yes ❑ No ❑ Corps ❑ DWQ W5 MPMT ❑ Yes ❑ No ❑ Corps ❑ DWQ W6 EIPMT ❑ Yes ❑ No ❑ Corps ❑ DWQ 2g. Total wetland impacts 0 2h,,Comrfients: There are no.wetlands in the impacted area. 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. Stream impact number - Permanent (P) or Temporary(T) 3b, Type of impact 30. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction (Corps - 404, 10 DWQ — non-404, other) , 3f. Average stream width (feet) Impact length (linear feet) S1 [DPMT Stabilization North Fork New River Z PER ❑ INT Z Corps ❑ DWQ 60 580 S2 NPMT Rock Vane North Fork New River Z PER ❑ INT Z Corps ❑ DWQ 60 10 S3 ZPFIT Rock Vane North Fork New River Z PER ❑ INT Z Corps ❑ DWQ 60 10 S4 MPMT ❑ PER ❑ INT ❑ Corps ❑ DWQ S5 MPMT ❑ PER ❑ INT ❑ Corps ❑ DWQ S6 MPMT ❑ PER [:1INT ❑ Corps ❑ DWQ 3h. Total stream and tributary impacts 600 3i. Comments: 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries,tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individuallylist all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P❑T 02 ❑P❑T 03 ❑P❑T 04 ❑P❑T 4f. Total open water Impacts 0 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 0 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ®No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse ❑Tor -Pamlico El Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d, 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact 131 ❑P❑T —required? ❑Yes ❑ No ❑ Yes B2 ❑ P ❑ T ❑ No B3 ❑P❑T ❑Yes ❑ No 6h. Total buffer impacts 0 6i. Comments: Page 6 of 11 D lrtmpact Justification and,Mttii�gatior 1a, ,Spec,,,tasmin deproec�fica[y demen to mm,eh, This project will stabilize 600 If of eroding stream bank, reduce stream bank erosion, reduce in -stream sediment loads and improve in -stream aquatic habitats. Stream aesthetics will be improved with the establishment of a well vegetated and functioning riparian zone. b „ 'S ifical(y des0 e, me�su gs'taken to avoid, or rnrr maze_ e proposed impacts through ;c©nstrucfion techniques. During construction, equipment will only access the stream when absolutely necessary. For this project, it is anticipated that most of the track hoe work can be accomplished from the top of the bank. However, equipment may need access the stream during the construction when no other construction alternative exists. Soil disturbance will be limited to what can seeded and stabilized in one day. Banks will be seeded, and coir matting will be placed and anchored with wooden stakes. Flat areas will be seeded and covered with straw. Compensatory M�f�gat on for impacts toWaters o#,the U "S or 1Naters o_ ......theSt 2a f3,oes the project requireyCompensatory Mitigatian for ❑Yes; . _..,� No �mpacts_to Waters of the_U`S; or.,Wate'rs of the'ttawe 12b. If yes, mitigation is required by (check all that apply): I ❑ DWQ ❑ Corps ❑, SMitgk 2c. lfi yes, Which mitigation option,vvill be, used,for this Payment,to„jn lieu fee program' Or oject? ❑, Permittee Resporsibfewtigation. 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you will have to fill out this entire form — please contact the State for more information. ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 8 of 11 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? % 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ❑ Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑Yes El No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. 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 ❑ Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. 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 SEPA final approval Yes No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 26.0200)? 2b„, Is this, an'fierthe-fact,;perrnit application: ❑Yes. _ .k N.a 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): There are no violations. The permit is due to an extreme flood event, that destroyed a campground road. 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" .to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version designate Glen Sullivan of Foggy Mountain Nursery to act as my du(y authorized agent concerning all US Army Corps of Engineers and NC DENR permitting regarding the stream bank restoration project on my property in County, NC, Name Address Phone number Fax number Signature Date 20W16 designate Glen Sullivan of Foggy Mountain Nursery to act as my duly authorized agent concerning all US Army Corps of Engineers and NC DENR permitting regarding the stream bank restoration project on my property in A5 County, NC. Name Address Phone number Fax number d' E-mail address 317k.� Date ZtSGU.S. GEOLOGICAL SURVEY USTo"p'o S U.S. DEPARTMENT OF THE INTERIOR —WARRENSVILLE QUADRANGLE NOM CAROLINA - ADIEES C U� 7._m SIM b.eppp'45—E 47 Q 0 w 51 52 53 54 55 77 "\ -B—N 7 IT 38 38 37 371 L J; L7 36 zi. W. 135 35 y 7 C. r A 33 31 sl e e, - $5- K 32 32 S. P.m, 31 n a 30 vp 29 29 0 0 (&ff- 2. . .... 27 27 L `0 53 lb eZ m — 45 46 47 51 52 SCALE 1:24 000 1'-3usmn< 0,, . .on... ..... ................. ...... .. ...... FM, 5—EF, me WARRENSVILLE, NC 2ot9 LEGEND: Bank resloping 1Z Rock Vane 5+23 Dirt will be placed and sown with grass over exposed roots. (see photo) Laura Dye Deed Book 442 Page 1553 Steven & Elizabeth Fischer Deed Book 488 Page 1031 60 0 60 120 180 GRAPHIC SCALE — FEET 01 U 1= , on FIGURE 5. Typical bank reshaping and revegetation plan. Cross-section view before work (existing condition) �l Pasture grasses, little valve for bank stabilization or stream shading. be Vertical bank showing area to reshaped. m Ir A _ v b w p I'a J•�'rf R' �ry W✓ Amd F y 'g ° • 'A °Xr a v ' XX X n .irr i4p. d •�J R"_ �. ,� s•rIA -A x iby /,"' ri 1 Cross-section view after work Rooted trees, 2' to 6' tall Herbaceous vegetation Live stakes 18" to 24" in length. Erosion control blanket 4 8 ft wide, anchored with .r .. wooden stakes/live stakes. y '-t w _ Water level Oel ,cr rt� J,, s.,. '• ;r ,�T1'1 '� �, ..YJ ♦`, .iT il: d: �. , „i♦ ¢ ,' ry��prk* �elu {"' Ms Y • : �raF'r�M. •re,,,, •:�+63 [y ,fir • L �rlk+ �MC .� ai=^��J a! � d � "l "c"� i' _ -'.� a" rr5iy. r r {++,fr �i r� 4,,,yia.� i1 7. rry+�X.i cs 3/• i w•„�ye +'l T e.: MX '•y :'"rya{ *J`,+ v� fr.. �. `f r ,.I !a1 Fry 7' r.%"' ,! ,,�, . yv�,�3d�a•-t�,ta w f� � .: rL s� .,►�`nr�,`t .,,' M y�(� � 1 per r'f r. �Xg4 X- f►. }i.. Wr`�'•"^ 7"+, Ys' �i1d:.ru�i•.. �v,, k}}`t YY�� �i `�Y.,`►f1Av FIGURE 6. Typical rock vane structure showing plan and cross-section views. Photograph shows a rock vane constructed in the South Fork New River at the Wagoner Road Access, New River State Park. PLAN VIEW le CROSS-SECTION VIEW Footer rocks Top rocks Bankfull bench 11 Station 0+00 — 3+00 tot ., �`. ate. M r F - � �j '�„�a �, .. ,, � • . �,�'„� � �.:,. '"an�yy d ;� � •6 ..., �