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HomeMy WebLinkAbout20191748 Ver 2_PCN Form Submission_20200331DWR 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#* 20191748 2 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 IT $570.00 Reviewing Office * Winston-Salem Regional Office - (336) 776- Select Project Reviewer* 9800 Sue Homewood:eads\slhomewood Information for Initial Review 1a. Name of project: Twin Rivers Property Owners' Association - Watauga River Streambank Stabilization 1a. Who is the Primary Contact?* Josselyn Lucas 1b. Primary Contact Email:* josselyn@bfec.org Date Submitted 3/31/2020 Nearest Body of Water Watauga River Basin Watauga Water Classification B; Tr, HOW Site Coordinates Latitude: 36.165665 Longitude: -81.755523 1c. Primary Contact Phone:* (423)727-4476 A. Processing Information 6 County (or Counties) where the project is located: Watauga 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? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 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: r 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 W 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: Twin Rivers Property Owners' Association 2b. Deed book and page no.: POA 2c. Responsible party: 2d.Address Street Address P.O. Box 1598 Address tine 2 city Boone Postal / Zip Code 28607 2e. Telephone Number: (828)963-7020 2g. Email Address:* tWnriverspropertyowners@gmail.com 3. Applicant Information (if different from owner) 3a. Name: John Welfare State / Province / Ragion NC Country USA 2f. Fax Number: r Yes r No r Yes r No 3b. Business Name: Twin Rivers Property Owners Association 3c.Address Street Address P.O. Box 1598 Address tine 2 CKY Boone Postal / Zip Code 28607 3d. Telephone Number: (704)906-6222 3f. Email Address:* jswelfarel960@gmail.com 4. Agent/Consultant (if applicable) 4a. Name: Josselyn Lucas 4b. Business Name: Brushy Fork Environmental Consulting, Inc. 4c.Address Street Address 10565 Highway 421 South Address tine 2 City Trade Postal / Zip Code 37691 4d. Telephone Number: (423)727-4476 4f. Email Address:* josselyn@bfec.org State / Province / legion NC Country USA 3e. Fax Number: State / Province / legion TN Country USA 4e. Fax Number: Agent Authorization Letter* Tvdn Rivers Declaration of Restrictions. pdf 774.31 KB Signed Twin Rivers POAAA.pdf 517.64KB C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (iF appropriate) Twin Rivers Community 1c. Nearest municipality/town: Boone, NC 2. Project Identification 2a. Property Identification Number: Refer to attached Landowner Map 2c. Project Address Street Address 14 Parcels on Rivers Edge Drive Address Line 2 City Boone Postal / Zip Code 28607 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Watauga River 2b. Property size: 16.76 State / Province / legion NC Country USA 3b. Water Resources Classification of nearest receiving water:* B; Tr, HOW 3c. What river basin(s) is your project located in?* Watauga 3d. Please provide the 12-digit HUC in which the project is located. 060101030301 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:* The reach is located on privately -owned parcels within the Twin Rivers subdivision, a fly fishing and recreational community. The properties are located along the north and south banks of the Watauga River off of Twin Rivers Drive. Twin Rivers Drive can be accessed to the south from Hwy 105 within the Foscoe area of Boone, NC. The parcels bordering the river are small residential lots; however, the majority of the properties are currently undeveloepd and partially -wooded. Dominant land uses in the vicinity include unimproved forest lands and residential developments. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes f No r Unknown 4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). DWR#2019-1748 Project History Upload 20191748 Ver 1_Approval Letter_20200213.pdf 2.45MB 20191748_NOVCloseOutLetter_20200213.pdf 1.03MB TR_Reg4lnfo_Response.pdf 293.2KB Twin Rivers Add Info Letter.docxpdf 499.27KB Scan0029- Copy.pdf 936.31KB 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) Twin Rivers Topo.pdf 767.29KB 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) Soil_Map_SD.pdf 2.65MB 4f. List the total estimated acreage of all existing wetlands on the property: 2.23 4g. List the total estimated linear feet of all existing streams on the property: 3300 4h. Explain the purpose of the proposed project:* Upstream development and improper placement and installation of existing natural channel design structures, as well as flooding conditions have caused bank instability and excessive aggradation onsite. The purpose of the project is to stabilize erosive banks of the Watauga River within the Twin Rivers community. Installation of natural channel design structures, bank sloping and benching, as well as riparian buffer plantings will address the existing degradation of the reach. Any localized temporary impacts that arise during construction will be addressed by end of day. Existing and new materials will be used to address the existing degradation at the time of construction. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Repair of bank stabilization structures will be executed during the Spring 2020. The project will provide bank stabilization and grade control using natural channel design structures including j-hooks, toewood, natural bedrock steps, and rock vanes (single and cross). Bankfull benches will be constructed, sloped back, and stabilized with erosion control matting (e.g. coconut coir matting, Excelsior straw matting), live staked, and planted with a riparian buffer of native tree and shrub species. Ernst Conservation Seed Mix will be sown (at a 75-150 Ibs/acre) under the live staked erosion control matting Wthin disturbed areas of the reach. Equipment used for this proposed construction wil be include track hoes, skid steers, and dump trucks. 4j. Please upload project drawings for the proposed project. 3.30.2020 Final Plansheets.pdf 10.45MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No C Unknown Comments: Minimal impact will be made to wetland areas onsite. A proposed 0.013 ac permanent impacts and 0.177 ac temporary impacts compose a total of 0.190 ac impacts to wetlands onsite. 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary f 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): Alyson Frisch, Josselyn Lucas Agency/Consultant Company: Brushy Fork Environmental Consulting, Inc. Other: 5d1. Jurisdictional determination upload JD_Map_3-31.pdf 6. Future Project Plans 1.09 MB 6a. Is this a phased project?* f Yes G 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? No. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries r Buffers r Open Waters r Pond Construction 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type * M 2c. Type of W.* 2d. W. name * 2e. Forested * 2f. Type of Jurisdicition*(?) 2g. Impact area W1 Structure Installation P mland Hardwood Forest ff Wetland 1 Yes Both 0.007 (acres) W1 Construction Access T mland Hardwood Forest ff Wetland 1 Yes Both 0.076 (acres) W2 Structure Installation P ffo miand Hardwood Forest Wetland 1 Yes Both 0.006 (acres) W2 Construction Access T ffo miand Hardwood Forest Wetland 2 Yes Both 0.070 (acres) W3 Construction Access T land Hardwood Forest ffom Wetland 3 Yes Both 0.031 (acres) 2g. Total Temporary Wetland Impact 0.177 2g. Total Wetland Impact 0.190 2h. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.013 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* S1 Bank Stabilization Permanent Fill Watauga River side 9 channel) Perennial Both 50 Average (feet) 291 (lin�rfeet) S2 Bank Stabilization Tem orar P Y Bank Stabilization Watauga River 9 Perennial Both 71 Average (feet) 3,101 (lir�rfeet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 291 3i. Total stream and ditch impacts: 294 3j. Comments: E. Impact Justification and Mitigation 3i. Total temporary stream impacts: 3,101 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The proposed work and associated impacts are intended to stabilize approximately 3,300 linear feet of stream bank along the Watauga River while minimizing impacts to aquatic resources. Design measures which minimize impacts include installation of cross vanes, j-hooks, and toewuod. All disturbed buffer areas will be immediately seeded upon completion (Ernst conservation Seed Mix at 75 lb/acre), matted (coconut coir matting), and stabilized with live staked with native riparian species at the close of each construction day. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All streambank disturbances will be stabilized same day, covered with erosion control matting and live staked to reduce sedimentation during construction. Only well maintained equipment will be used; no leaks will be tolerated. Equipment will work from streambanks of Watauga River's main channel and tributaries whenever possible while performing the work. 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: The project will result in improved conditions along the reach which is being stabilized, and will have less than 0.1 acre of permanent impacts (approximately 0.013 acres) to wetland areas not requiring mitigation. 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: The project is not within an NC Riparian Buffer Protection Area. 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 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 3. Cumulative Impacts (DWR Requirement) 3a. Will this project 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. Although located within a subdivision, future development of the parcels bordering the Watauga River within the development is not dependent on the completion of this project. The project is proposed to stabilized erosive stream banks impacted through construction processes on the relic channel of the Watauga River. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor NIA 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 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 Si. 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? BFEC completed the USFWS IPaC regulatory review process. BFEC then reviewed specific information for each species on the Asheville Ecological Services Field Office page and USFWS fact sheets. No Critical Habitat is located at this site. Habitat requirements within the project area or vicinity are not met for the majority of the species listed due to specific habitat requirements such as high elevation rocky outcrops.summits or spruce -fir forest. No known caves are located at the project site. No Northern Long -Eared Bat maternity roosts are known on the site, though mature trees are present along the reach onsite. Project design aims to work around existing healthy trees where at all possible. Consultation Documentation Upload MA Consistency Letter_ Northern Long -Eared Bat (NLEB) Consultation and 4(d) Rule Consistency 2019-11-22.pdf 246.83KB Species List Asheville Ecological Services Field Office.pdf 322.06KB NHEO_Map.pdf 5.19MB 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 Essential Fish Habitat Mapper: https://vmw.habitat.noaa.gov/protection/efh/efhmapper 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?* North Carolina SHPO Web GIS Service 7c. Historic or Prehistoric Information Upload SHPO_Map.pdf 889.47KB 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 FEMA requirements: The proposed project is not anticipated to cause an increase in flood elevation. A No -Rise Certification will be submitted by Brushy Fork Engineering Division PLLC to the Watauga County floodplain administrator. 8c. What source(s) did you use to make the floodplain determination?* FEMA National Flood Hazard Layer Website Miscellaneous Comments Miscellaneous attachments not previously requested. Twin Rivers FIRMette.pdf Landowner_Map_SD.pdf 264.42KB 2.56MB Signature ® 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: Josselyn Lucas Signature �,WJA, Cricaa Date 3/31/2020