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HomeMy WebLinkAbout20200420 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 ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 13 or General Permit (GP) number: n/a 1c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1d. 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 le. 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 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: N. Pacolet River Bank Stabilization (Strickland) 2b. County: Polk 2c. Nearest municipality / town: Tryon (Lynn Community) 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: UU MA Uy 3. Owner Information DE 3a. Name(s) on Recorded Deed: Cynthia Strickland SPORTATIONPERMITTING I 3b. Deed Book and Page No. 180/1523; 272/1870; 441/930 3c. Responsible Party (for LLC if applicable): 3d. Street address: 338 Clarence Rhodes Road; 276 Gunning Road 3e. City, state, zip: Lynn, NC 28750; Tryon, NC 28782 3f. Telephone no.: 828-859-9872 3g. Fax no.: 3h. Email address: cnstrick@gmail.com Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 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. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): Parcel ID 48-63; 48-261; and 48-64 1b. Site coordinates (in decimal degrees): - if you can't get Latitude: 35.225599 Longitude:-82.228402 these, just include a very good vicinity map (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 12.51; 7.10; and 4.31 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to North Pacolet River proposed project: 2b. Water Quality Classification of nearest receiving water. C 2c. River basin: map is available at hftp://h2o.enr.state.nc.us/admin/maps/ Upper Broad (03050105) 3. Project Description 3a. 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 site is a rural undeveloped tract of land in agricultural use. The general land use in the vicinity of the property is developed rural residential, undeveloped forested land, agricultural land, and some commercially developed parcels. 3b. List the total estimated acreage of all existing wetlands on the property: Unknown 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3,025 feet 3d. Explain the purpose of the proposed project: The propose of this project is river bank stabilization modeled after similar approaches used in this area (by government and private parties) at adjacent sites along the North Pacolet River. No other development activities are associated with this project. 3e. Describe the overall project in detail, including the type of equipment to be used: Riparian buffers (trees, shrubs/live stakes, etc.) and washed stone (random sized from 12" by 18" up to 24") will be used by applicant in stages to stabilize and repair up to three noncontiguous sections of up to 700 total feet of river bank along the west bank of the North Pacolet River (see attachments). No excavation or construction is planned. A frontend loader will be used to place the washed stone. The stone work will be modeled after the approach taken by the road maintenance department of Polk County, NC to stabilize a portion of the North Pacolet River near the proposed site on Gunning Road. Overtime, many trees in this area have been lost to erosion and storm damage. Plantings and washed stone will be used to stabilize the riverbank to ensure that more riverbank is not lost to continued erosion. The applicant believes it is critical to take immediate action to preserve the trees that do remain along the river and to restore trees that have been lost. See attached statement regarding how work will be completed and summary of prior projects. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes ❑ No ❑ Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ❑Preliminary El Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): David Brown Other: U.S. Army Corps of Engineers 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. May 25, 2016 (SAW-2016-01031); April 16, 2018 (SAW-2018-00400). Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version S. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 2016-01031; 2018-00400 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. It is anticipated that work will be completed in at least three stages to address three noncontiguous areas of current concern along the west bank of the North Pacolet River. Page 4 of 11 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ® Streams - tributaries ❑ Buffers ❑ 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. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non-404, other) (acres) Temporary T W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: 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. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ❑ T Stream Bank North Pacolet ® PER ® Corps 20 700 Stabilization River ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER [J INT ❑ Corps ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 700 3i. Comments: Up to 700 noncontiguous feet. Page 5 of 11 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 indiv dualiv list 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 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or purpose Wetland Impacts (acres) Stream Impacts (feet) Upland number of pond (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 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 ❑ Tar -Pamlico ❑ 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 required? B1 ❑P❑T El Yes ❑ No B2 ❑P❑T El Yes ❑ No B3 ❑P❑T El Yes ❑ No 6h. Total buffer impacts 6i. Comments. Page 6 of 11 D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. First, stabilization methods used by other property owners along this stretch of the river are being used. Second, no excavation or other invasive earth moving will occur. Third, washed stone will be placed to preserve the existing riverbank from erosion and loss and protection of vegetation plantings. If erosion is not stopped in this area, significant negative consequences are likely to occur to this waterway during future flood conditions, including loss of remaining riparian buffers and significant erosion. b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. No excavation or other invasive earth moving will occur. This project will only require plantings and the placement of washed stone. For example, the earth berm techniques used on neighboring properties to contain the river will not be used for this project. 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? ❑ Yes ® No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 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 la. Does the project include or is it adjacent to protected riparian buffers identified El Yes El 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. ❑ No Yes ❑ 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 3b. Which of the following locally -implemented stormwater management programs ❑ NSW ❑ 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 4a. Which of the following state -implemented stormwater management programs apply ❑ HQW ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 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) 1a. 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)? 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 SEPA final approval letter.) ❑ Yes ❑ No 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 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 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 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ®Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑Yes No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. El Raleigh ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Northern Long-eared Bat, Latest Corps updated Heritage database. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 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 ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Latest Corps updated Heritage database. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: This project is only designed to prevent erosion. No structure is being built in the floodplain. 8c. What source(s) did you use to make the floodplain determination? Latest on-line FIRM/FEMA North Carolina, Panel 0535, Map No. 3710053500J, September 3, 2008 Cynthia N. Strickland /� fT�i6 Z zG .ZOzb Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 11 of 11 Supplement to PCN Form Question 3e Location: North Pacolet River, Tryon Township, Polk County, North Carolina Applicant: Cynthia Strickland Date: February 26, 2020 Over the course of the applicant's ownership of the three subject properties (see attached survey), various storm and flood events have resulted in significant vegetation loss and erosion along the west bank of the North Pacolet River (see attached 1978, 1993, 1998, and 2006 aerial photographs). Beginning in 1995, an "Emergency Watershed Project" (File No. 390-14) proposed restoration of 525 feet of riverbank (three noncontagious sections of 100, 125, and 300 linear feet), resulting in hundreds of linear feet of bank stabilization using timber cribbing. In 2005, a second "Emergency Watershed Project" (Action ID: 200532344) resulted in hundreds of linear feet of bank stabilization using stone works and bank sloping. Neither project attempted or successfully restored a native tree -centric riparian buffer, rather kudzu has taken over those areas. In 2016 and 2018, the applicant personally funded the stabilization of 35 and 150 feet of river bank with washed stone and native tree seedlings. Because of increased riverbank stabilization, the applicant has continued to invest significant resources since 2016 planting and protecting 85 NC Forest Service seedlings (including River Birch, Permission, Butternut, Sycamore, Red Maple, and various Oaks) along thousands of feet of riparian buffer zone. If approved, the applicant intends to continue her efforts to stabilize the riverbank in this area to ensure that her efforts to eradicate invasive kudzu and replant a native riparian buffer along the full length of the river are not lost to erosion prior to maturity. The applicant believes, in part, that a robust riparian buffer is desirable because of her intention to fence many acres of pasture adjacent to the river for livestock production. To accomplish her goal, Project Areas A and C will supplement the use of stone placed by the applicant in 2016 and 2018, respectively, which has performed extremely well in the major flood events of May 2018 and February 2020. In Project Area A, this will allow for the preservation of a critical stand of mature sycamores and black walnuts. In Project Area C, this will allow for the protection of recently planted native seedlings, with, the addition of more seedlings over the next two years (including Overcup Oak, Black Tupelo, and Mockernut Hickory). In Project Area B, the use of stone will allow for the repair and stabilization of wood cribbing work performed in 1995 to protect recently planted seedlings, with the addition of more seedlings over the next two years (see above). Put simply, high cost efforts, including stone, will be minimal due to extremely limited financial resources, and will be used to protect the labor- intensive efforts of restoring a robust riparian buffer of mixed hardwoods and shrubs along the full length of the river (including planting, staking/tree tubes, fertilizing, and mitigating kudzu). Regarding timeframe priorities, Project Areas A and B are the most immediate areas of concern for the applicant, followed by Project Area C. In the short-term, the applicant also intends to enroll in the Environmental Quality Incentives Program and inquire with the Polk County Soil and Water Conversation District about any available government funded programs for riverbank stabilization. If these efforts result in proposed changes to any approved permit, the applicant will seek appropriate amendments. EMU U.S.DEPAR WrOFTHEINTERJOR U.S. GEOLOGICAL SURVEY MOTO SCALE 1:24 LANDRUM QUADRANGLE SOUTH CMOUKA-MORTH CAR IN Pw LANDRUM, SC -NC wi Strickland Property CUpstream point 338 Clarence .. , =� Rhodes Polk County NC -3025 If''o_f Stream Frontage y \�p V Y ;4 C"Downstream Point i Google Earth 1000 ft CJ ` ----' ' -/00 _ i N. Pacolet River Bank Stabilization (Strickland) f.,)y"-on W5s (Or wmfow.W -ror of ' 8 AN rcIc 514 &CkInp-(&P QU � 184 VV V a111 61,la4L 60 _..._-'---- --- - ----- -- -- - (/VoT- -� Purpose: River Bank Erosion Stabilization Water Body. North Pacolet River Location: Tryon Township, Polk County, NC Applicant: Cynthia Strickland