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HomeMy WebLinkAbout20200049 Ver 2_401 Application_20200824DWR 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?* C Yes r No Change only if needed. BIMS # Assigned * Version#* 20200049 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 r $570.00 Reviewing Office * Select Project Reviewer* Asheville Regional Office - (828) 296-4500 Kaylie Yankura:eads\kyankura Information for Initial Review 1a. Name of project: Little River Reach 1 Restoration 1a. Who is the Primary Contact? Sherwood Forest POA 1b. Primary Contact Email:* cu259@yahoo.com Date Submitted 8/24/2020 Nearest Body of Water Little River 6-38-(1) Basin French Broad Water Classification C, Tr Site Coordinates Latitude: 35.145990 A. Processing Information County (or Counties) where the project is located: Transylvania Is this a NCDMS Project r Yes r No Longitude: -82.679140 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) 1c. Primary Contact Phone:* (828)883-5731 V 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: 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 12 - Utility Lines 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 - E)press 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: Sherwood Forest POA 2b. Deed book and page no.: 2c. Responsible party: William R Young Jr. 2d.Address Street Address 70 Robin Food Road Address Line 2 City Brevard Fbstal / Zip Code 28712 2e. Telephone Number: (828)883-5731 2g. Email Address:* cu259@yahoo.com State / Rovince / legion NC Country USA 2f. Fax Number: r Yes r No r Yes r No 4. Agent/Consultant (if applicable) 4a. Name: Zan Price 4b. Business Name: Jennings Environmental 4c.Address Street Address 7 Samuel Ashe Drive Address Line 2 City Asheville Postal / Zip Code 28805 4d. Telephone Number: (828)712-9194 4f. Email Address:* ran@jenningsenv.com Agent Authorization Letter* Signed Agent Authorization Form Sherwood Forest POA.pdf State / Province / Region NC Country USA 4e. Fax Number: 887.6KB C. Project Information and Prior Project History C^U 1. Project Information 1b. Subdivision name: (if appropriate) Sherwood Forest 1c. Nearest municipality/ town: Brevard 2. Project Identification 2a. Property Identification Number: 8592-79-2309-000 2c. Project Address Street Address SF-HOA Golf Course Address Line 2 29 CARDINAL RD City Brevard Postal / Zip Code 28712 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Little River 6-38-(1) 3b. Water Resources Classification of nearest receiving water:* C; Tr 3c. What river basin(s) is your project located in?* French Broad 2b. Property size: 42.3 State / Province / legion NC Country USA 3d. Please provide the 12-digit HUC in which the project is located. 060101050204 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:* This project will restore a portion of the creek that flows through the Sherwood Forest Golf Club. Existing conditions at the site include an unstable channelized stream channel through a golf course, turf grass vegetation, and an e)yosed irrigation line. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* G Yes r No r Unknown 4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000) Corps and DWR permits were obtained for a different stabilization project in 2020 on Ibby Creek, a tributary to the Little River. SAW-2020-00036 DWR 20-0049 Project History Upload 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) 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) 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: 1600 4h. Explain the purpose of the proposed project:* The proposed restoration of 90 linear feet of the Little River within the Sherwood Forest Golf Club will improve stream channel stability and natural ecological conditions in this reach of the stream. The stream banks here are eroding causing impairment to water quality and instream aquatic habitat within the Creek and areas downstream. The watershed drainage area is 4.7 square miles, consisting of mostly forest, some agriculture, and some low -density residential land uses. The land area surrounding the proposed restoration project is primarily a well-groomed golf course with no woody vegetation buffer adjacent to the Little River. Additionally, there is an exposed 4-inch PVC irrigation line that crosses the creek within the project area. This project will abandon this line and install a new line at least 1-foot belowthe channel bed. The pipe will be covered with native bed material and will be constructed in the dry. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The stream restoration project will restore 90 linear feet of the Little River within the Sherwood Forest Golf Course, to improve natural ecological conditions and streambank stability. The stream Will be restored by grading the channel streambanks to a naturally stable slope (3:1 or flatter) and adding native vegetation adapted to site conditions for bank protection and soil strength. Class B rock will be used to stabilize the toe of slope along the outside bend of this reach. The rock will not extend beyond 1-foot above the baseflow elevation. Biodegradable coir matting or sod mats (if available) will be installed along the graded streambanks for stability while the vegetation gets established. A minimum 25-foot buffer of native grasses and shrubs will be installed along both sides of the streambank. The proposed shrub list includes: Corpus amomum (silky dogwood), Spiraea alba (white meadow -sweet), Spiraea tomentosa (steeplebush), Rhododendron maximum (Rosebay rhododendron), Leucothoe fontanesiana (Doghobble), Ilex verticillate (winterberry), Alnus serrulata (tag alder), Lindera benzoin (Spicebush), Cephalanthus occidentalis (buttonbush), Itea virginica (Virginia sweetspire). The above list represents shrubs known from the area and those that will increase species richness. This list was recommended to the golf course and HOA by the US Fish and Wildlife. The 4-inch PVC irrigation line that crosses the creek within the project area will be abandoned and a new irrigation line will be installed at least 1-foot belowthe channel bed. Native bed material will be stockpiled and used as backfill within the bed over the new line. This work will be accomplished in the dry per Water Quality Certification No. 4133. No concrete is proposed for this crossing. The proposed work is planned to be completed outside of the trout moratorium established by the NC WRC The project will have a positive impact on the downstream watershed by reducing sediment loading and creating a shaded woody stream buffer to help maintain water temperature. Equipment will include trackhoe excavators, loaders, and track trucks. 4j. Please upload project drawings for the proposed project. Site Layout Plan.pdf 1.31MB Stream Design Little River.pdf 5.6MB 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 G 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? No other projects planned in the vicinity of this reach. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): [77 Wetlands W Streams -tributaries r Buffers F Open Waters r Pond Construction 3. Stream Impacts 3a. Reason for impact (?) fb.lmpact type * �3c. Type of impact* �3�name * ��39' Stream Type * 3f. Type of 3g. S. width * 3h. Impact (?) Jurisdiction* length* S1 Streambank Stabilization Permanent Bank Stabilization Little River Perennial Both 19 Average (feet) 90 (lir�rfeet) 9 Irrigation Line ::J�::] Excavation Little River Perennial Both h;;1;;:1 31. Total jurisdictional ditch impact in square feet 0 31. Total permanent stream impacts: 3i. Total temporary stream impacts: 90 5 31. Total stream and ditch impacts: 95 3j. Comments: See section C. 4i for the impact descriptions. E. Impact Justification and Mitigation u 1. Avoidance and Minimization la. 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 Water quality within the project reach and areas downstream. Impacts will be minimized by maintaining the existing stream channel alignment and improving the 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 working in the dry. Streambanks will be graded from the top of bank. Streambanks and other disturbed areas will be stabilized as soon as possible using temporary seed, permanent native seed mix, straw mulch, and biodegradable erosion control mat or sod mats. It is anticipated that the project will be completed in less than one week. 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 proposed project will result in a net increase in aquatic habitats and function. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. 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: Located in the French Broad basin 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 15ANCAC 02H .1003(2)? r Yes r No Comments: No impervious surfaces proposed G. Supplementary Information 1. Environmental Documentation la. 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 (15ANCAC 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 f• 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. Project is within an eAsting golf course and the Sherwood Forest POA has demonstrated support for protecting riparian buffers and stream habitat within the community 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 5d. Is another Federal agency involved?* r Yes r No C 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? Anita Goetz: Former US Fish and Wildlife staff member who is very familiar with this area and the current condition and lack of habitat within the project reach. See attached email correspondence. Consultation Documentation Upload A_Goetz Comments. pdf 69.83KB 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?* https://nc. maps.arcgis.con dhome/item.html?id=d2dO4d8d7eO3403f889419526e682529 Additionally, NC DCR has been contacted with the proposed project site and plans. We are awaiting a response. 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 FEMA requirements: We will coordinate with the Transylvania Co floodplain administrator to ensure compliance with local and federal requirements. 8c. What source(s) did you use to make the floodplain determination?* hftps://msc.fema.gov/portal/search Miscellaneous Comments Miscellaneous attachments not previously requested. 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: Zan Price Signature Date 8/24/2020 7 Samuel Ashe Drive, Asheville, NC 28805 greg@jenningsenv.com 919-600-4790 AGENT AUTHORIZATION FORM Project Location: 35.14599,-82.67914 The undersigned, registered property owner(s) of the above noted property, do hereby authorize Jennings Environmental PLLC to act on the property owner's 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. 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): Sherwood Forest POA Owner(s) Address: 70 Robin Hood Rd, Brevard, NC 28712 Owner(s) Phone: 828-883-5731 Owner(s) Email: cu259@yahoo.com Authorized Signatures )g )1q 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 Little River Restoration Sherwood Forest POA, 70 Robin Hood Rd, Brevard, NC 28712 Project Owner: Sherwood Forest POA ATTN: Brooks Gallagher 70 Robin Hood Rd, Brevard, NC 28712 (864) 414-9570 mbrooksgallagher@gmail.com Engineer:-47 Greg Jennings, PhD, PE Jennings Environmental PLLC, (919) 600-4790 greg@jenningsenv.com r, Project Information: Coordinates: 35.146071,-82.679401 Stream: Little River Drainage Area: 6.7 square miles Project Length: 90 linear feet Objective: Reduce streambank erosion and enhance natural ecological conditions in the channel and riparian buffer. 1 August 2020 Photo facing downstream, 15 June 2020 Jennings Environmental PLLC 7 Samuel Ashe Drive, Asheville, NC 28805 •x.¢ . :,,..I Little River Restoration Sherwood Forest POA, 70 Robin Hood Rd, Brevard, NC 28712 Existing Conditions: Little River Riffle Cross -Section located mid -reach Reach Length: 90 ft Reach Slope: 0.008 ft/ft —*--Existing y--Desi Sinuosity: 1.1 ft/ft Bankfull Riffle Cross -Section Area: 44 sq ft 98 Bankfull Riffle Width: 19 ft 97 Bankfull Riffle Mean Depth: 2.3 ft 96 Width -to -Depth Ratio: 8.0 ft/ft 95 Bank Height Ratio: 1.2 ft/ft 94 Entrenchment Ratio: 5.3 ft/ft 93 Substrate D50: 25 mm 92 Rosgen Stream Type: E4 Vegetation: Grass w 91 ` Bank Erosion Hazard Index: High 90 Near Bank Stress: Moderate 89 Estimated Bank Erosion Rate: 0.2 ft/yr SS�� Sediment Load from Reach: 2.2 tons/yr �� 4Q 50 b0 70 80 Restoration Plan: • Grade stream banks to 3:1 slope • Place native river cobble at toe of bank slope and grade thalweg in center of channel • Cover exposed soil with temporary and permanent seeds, straw mulch, and biodegradable erosion control mat • Plant native trees and shrubs in riparian buffer extending 25 feet from top of streambank 1 August 2020 Distance (ft) Jennings Environmental PLLC 7 Samuel Ashe Drive, Asheville, NC 28805 8/14/2020 Jennings Environmental PLLC Mail - Little River Reach 1 Restoration -- Sherwood Forest POA Zan Price <zan@jenningsenv.com> Little River Reach 1 Restoration -- Sherwood Forest POA Anita Goetz <anita@jenningsenv.com> Mon, Aug 10, 2020 at 4:22 PM To: David.W.Brown@usace.army.mil Cc: Zan Price <zan@jenningsenv.com>, Greg Jennings <greg@jenningsenv.com> Hi David, Hope all is well with you. FYI ... I know this reach along the Sherwood Forest Golf Course very well and there are no federally listed plant species nor suitable habitat in the project area. Sadly, farming and then the Golf Course course construction buried and altered vegetation for a majority of the bog habitat that did occur here. The plants occur further upstream and will not be affected. FYI ... I completed a restoration and management plan for the Golf Course that you may be able to obtain from Laura Fogo at FWS. Unfortunately I do not have access to my FWS files. I do know that this reach was a priority for restoration and included moving the pipe (which was racking debris). If you have any other questions, please call me (828)279-1405, or email me. Thanks David, Anita https://mail.google.com/mail/u/0?ik=d463bfe9a6&view=pt&search=all&permmsgid=msg-f%3Al 674671271238956813&simpl=msg-f%3A16746712712... 1 /1