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HomeMy WebLinkAbout20200958 Ver 1_401 Application_20200724DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form April 11, 2020 Ver 3.1 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#* 20200958 1 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: South Fork New River Restoration Project 1a. Who is the Primary Contact?* Josselyn Lucas 1b. Primary Contact Email:* Josselyn@bfec.org Date Submitted 7/24/2020 Nearest Body of Water South Fork New River Basin New Water Classification C+ Site Coordinates Latitude: Longitude: 36.221042-81.640125 A. Processing Information County (or Counties) where the project is located: Watauga Is this a NCDMS Project r Yes IT No Is this project a public transportation project?* r Yes IT 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) 1c. Primary Contact Phone:* (423)727-4476 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 27 - Restoration le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: F- 401 Water Quality Certification - Express F- 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? r 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: Town of Boone 2b. Deed book and page no.: DB 1898 Pg 144 2c. Responsible party: 2d.Address Street Address 567 W King Street Address Line 2 PO Box192 city Boone Postal / Zip Code 28607 2e. Telephone Number: (828)268-6208 2g. Email Address:* john.ward@townofboone.net State / F rovince / Fbgion North Carolina Country USA 2f. Fax Number: r Yes r No r Yes r No 2a. Name(s) on recorded deed Watauga County 2b. Deed book and page no.: DB 729 Pg 445; and DB P011 log 124 2c. Responsible party: 2d.Address Street Address 814 W King Street Address Line 2 Suite 205 City Boone Postal / Zip Code 28607 2e. Telephone Number: (828)265-8000 2g. Email Address:* Joe. Furman@watgov.org 2a. Name(s) on recorded deed: Powers, Lynn and Betty 2b. Deed book and page no.: DB 152 log 441 2c. Responsible party: 2d.Address Street Address 2079 US Fighway 421 S Address Line 2 City Boone Postal / Zip Code 28607 2e. Telephone Number: (828)266-8620 2g. Email Address:* noemail@notreal.com 2a. Name(s) on recorded deed: North Carolina Department of Transportation 2b. Deed book and page no.: 2c. Responsible party: Kevin Hining, Division 11 Environmental Officer 2d.Address Street Address 1501 Mail Service Center, Raleigh NC Address Line 2 City Raleigh Postal / Zip Cate 27699-1501 2e. Telephone Number: (336)903-9129 2g. Email Address:* kjhining@ncdot.gov 3. Applicant Information (if different from owner) 3a. Name: Josselyn Lucas 3b. Business Name: Brushy Fork Environmental Consulting State / Province / Region North Carolina Country USA 2f. Fax Number: State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region North Carolina Country USA 2f. Fax Number: 3c.Address Street Address 10565 Highway 421 South Address tine 2 City Trade Postal / Zip Code 37691 3d. Telephone Number: (423)727-4476 3f. Email Address:* Josseiyn@bfec.org 4. Agent/Consultant (if applicable) 4a. Name: Adam Williams 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:* adam@bfec.org Agent Authorization Letter* AA NCDOT signed.pdf TOB.pdf Watauga County.pdf Powers.pdf State / Province / legion TN Country USA 3e. Fax Number: State / Province / legion TN Country USA 4e. Fax Number: 153.6KB 1.33MB 217.52KB 30.98KB C. Project Information and Prior Project History C^) 1. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality/ town: Boone, NC F- 2. Project Identification 2a. Property Identification Number: Town of Boone 2921103970000; Watauga County 292100667600 and 2921100136000; 2b. Property size: Powers 2920099655000 65.66 cumulative acres 2c. Project Address Street Address 250 Brookshire Road Address tine 2 City State / Rwince / legion Boone NC Postal / Zip Code Country 28607 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* South Fork New River 3b. Water Resources Classification of nearest receiving water:* C+ 3c. What river basin(s) is your project located in?* New 3d. Please provide the 12-digit HUC in which the project is located. 050500010202 4. Project Description and History 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:* The site is at the eastern edge of Boone and it bordered by a public park (Brookshire Park) which includes a greenway trail and recreational fields (west), agricultural land (east), Highway 421 (south), and Ted Mackeroll Soccer Fields (north). A previous restoration project was done immediately downstream of the project site near the Ted Mackeroll Soccer fields. 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 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) Topo_print.pdf 411.18KB 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 N1ap_Revised3.25.20.pdf 1.37MB 4f. List the total estimated acreage of all existing wetlands on the property: ±1.23 acres 4g. List the total estimated linear feet of all existing streams on the property: ± 3129 4h. Explain the purpose of the proposed project:* The purpose of this project is to stabilize the eroded stream banks on both sides of the South Fork New River. Stream bank sloping and benching will occur throughout the reach to restore floodplain connectivity and decrease the erosive incision of the channel. The riparian buffer will be restored and planted along the reach. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project will provide bank stabilization and grade control using natural channel design practices including J-hooks,cross vanes, rock sills, and toe wood. The banks will be sloped back and stabilized using coir matting, live stakes, and a riparian buffer of native tree and shrub species. Equipment to be used for this proposed construction includes track -hoes, skid - steers and dump trucks. 4j. Please upload project drawings for the proposed project. 6.17.20_Teddy _2_90%_with _WETLANDS.pdf 11.24MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No r Unknown 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): Josselyn Lucas, Sarah Kilby Agency/Consultant Company: Brushy Fork Environmental Consulting, Inc. Other: 5d1. Jurisdictional determination upload Wetland Package.pdf 7.09MB 6. Future Project Plans 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? D. Proposed Impacts Inventory u 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): r Wetlands W Streams -tributaries r 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 ofwidth * 3h. Impact :1 (?) Jurisdiction* length* Restoration Permanent Bank Stabilization South Fork New River Perennial Both 66 1,950 S1 Average (feet) (lir�rfeel) 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 1,950 31. Total stream and ditch impacts: 1 3j. Comments: 31. Total temporary stream impacts: 0 E. Impact Justification and Mitigation U 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 appropmately 1,950 linear feet of stream bank along the stream reach while minimizing impacts to aquatic resources. Design measures which minimize impacts include installation of cross vanes, .-hooks and toe wood. Al disturbed buffer areas will be immediately seeded, matted, and stabilized at the close of each construction day. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All stream bank 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 stream banks of South Fork New River's channel whenever 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: This is a stream bank restoration project which will not have impacts requiring mitigation on Waters of the U.S. or Waters of the State. 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: This project is not within a 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. A stream bank stabilization of the South Fork New River WII not result in additional development in the area. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor N/A 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 r Unknown 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 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 IPaC Consultation and Impact Analysis: https://ecos.fws.gov/ipac/location/index Consultation Documentation Upload Phase II_Species List_ Asheville Ecological Services Field Office.pdf 699.31 KB 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 Habitat Conservation: Essential Fish Habitat 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?* NC SHPO Web Mapping Program 7c. Historic or Prehistoric Information Upload NCHPO.pdf 1.5MB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year flood plain?* G Yes r No 8b. If yes, explain how project meets FEMA requirements: The proposed project in anticipated to cause no increase in flood elevation. A No -Rise Certification will be submitted by BFEC, Inc. to the Watauga County floodplain administrator. 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Map Service Center panels 3710292100J and 3710292000J Miscellaneous Comments Miscellaneous attachments not previously requested. FIRMETTE.pdf Landowner Map.pdf PJD_7.24.20.pdf 544.62KB 1.28MB 137.99KB Signature U 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: Josselyn Lucas Signature ]MIA, fvw Date 7/24/2020 AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. N/A PLAN NO. N/A PARCEL ID: 2931213998000 STREET ADDRESS: N/A : ROW for Brookshire Road Property Owner: NC DOT Representative: Kevin Hining, Division 11 Environmental Officer The undersigned, registered property owners of the above noted property, do hereby authorize Adam Williams , of Brushy Fork Environmental Consulting, Inc. (Contractor/Agent) (Consulting Firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): Same as street Telephone: 336-903-9129 (Office) We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signature: Date: 4-30-20 AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. N/A PLAN NO. N/A PARCEL ID: 2921103970000 STREET ADDRESS: 567 West King Street Property Owner: Town of Boone The undersigned, registered property owners of the above noted property, do hereby authorize Adam Williams , of Brushv Fork Environmental Consulting, Inc. (Contractor/Agent) (Consulting Firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): 567 West King Street Boone NC 28607 PO Box 192 Telephone: 828-268-6208 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signature: Date: AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. N/A PLAN NO. N/A PARCEL ID: 2920099655000 STREET ADDRESS: 2079 U.S. Hwy 421 South, Boone, NC 28607 Property Owner: Powers, Lynn and Betty The undersigned, registered property owners of the above noted property, do hereby authorize Adam Williams , of Brushy Fork Environmental Consulting, Inc. (Contractor/Agent) (Consulting Firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): Same as street address Telephone: Lay- ` d b � � � q We hereby certify the above infor ubmitted in this application is true and accurate to the best of our knowledge. Signature: Date:/`/.1��, �� �_-�2-4 AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. N/A PLAN NO. _N/A PARCEL ID: 2921006676000, 2921100136000 and 2911925136000 STREET ADDRESS: 574 Brookshire Rd. Boone. NC Property Owner: Watauga Count The undersigned, registered property owners of the above noted property, do hereby authorize Adam Williams of Brushy Fork Environmental Consulting, Inc. (Contractor/Agent) (Consulting Firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): 814 West King Street, Suite 205 Boone, NC 28607 Telephone: 828-265-8000 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signature: Date: Z ? .- Z v LiN ED STATES OWED STATES BOONE QUADRANGLE DEPARrMENr OF THE DEMMR OEPARTMEN'T OF AGRICULTURE NT I G MA - WATAUGA CO. 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[ora,aaanrrw•a wua ,lyae9[ mirrp[s.nn wu rwrrnu. ��savw, NA 2x[Aw South Fork New River Restoration Ted Mackorell Soccer Fields Phase II Soil Map rpllrp r r ��'! ` j •�' S o SnB AAA... ✓ ..J• -v 1y J. t� -C " !` W SnC NRCS Soil Type CdE-Chandler fine sandy loam, 30 to 50% slopes CdE RoA-Rosman fine sandy loam, 0 to 3 % slopes, occasionally flooded '•• CdE WaD - SnB-Saunook loam, central mountains, 2 to 8% slopes � - SnC-Saunook loam, central mountains, 8-15% slopes W LL - TxA-Toxaway loam, 0 to 2% slopes, frequently flooded Ur- Urban land CdE W--Water ROA" +I TI _ WaD-Watauga loam, 15 to 30% slopes Project Parcels N 40suo 0 125250 500 750 � �0� Roads Feet p Map is not to be construed as surveyed data. South Fork New River All boundaries are approximate data taken from public sources. Cp to° BFEC 2020 bsultin?" South Fork New River Restoration Ted Mackorell Soccer Fields Phase II NCHPO Map NC Historic Preservation Office Occurrences Status, Local Status, HD Status Study List individual entry DOE Historic District center point Surveyed Only Project Parcels 0 200 400 800 1,200 N South Fork New River Feet Map is not to be construed as surveyed data. All boundaries are approximate data taken from public sources. BFEC 2019 National Flood Hazard Layer FIRMette O FEMA Legend 36° 13'30.26"N 0 250 500 1,000 1,500 2,000 SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT Without Base Flood Elevation (BFE) Zone A. V. A99 SPECIAL FLOOD With BFE or Depth zone AE, AD, AH, VE, AR HAZARD AREAS Regulatory Floodway 0.2%Annual Chance Flood Hazard, Areas of 1%annual chance flood with average depth less than one foot or with drainage areas of less than one square mile zone x wI Future Conditions 1%Annual Chance Flood Hazard zone x pr Area with Reduced Flood Risk due to ITHER AREAS OF Levee. See Notes. zone x FLOOD HAZARD FA d' Area with Flood Risk due to Leveezono D NO SCREEN Area of Minimal Flood Hazard zone x Q Effective LOMRs OTHER AREAS Area of Undetermined Flood Hazard zone D GENERAL ---- Channel, Culvert, or Storm Sewer STRUCTURES IIIIIIII Levee, Dike, or Floodwall e xo.s Cross Sections with 1%Annual Chance 17•5 Water Surface Elevation o- — — Coastal Transect —513— Base Flood Elevation Line (BFE) Limit of Study Jurisdiction Boundary -- --- Coastal Transect Baseline OTHER _ Profile Baseline FEATURES Hydrographic Feature Digital Data Available N No Digital Data Available MAP PANELS ® Unmapped 9 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 4/22/2020 at 10:52:13 AM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. South Fork New River Restoration Ted Mackorell Soccer Fields Phase II Landowner Map Project Parcels N 401 En 0 125250 500 750 Roads Feet p Map is not to be construed as surveyed data. South Fork New River All boundaries are approximate data taken from public sources. Con Soo' BFEC 2019 salting+