Loading...
HomeMy WebLinkAbout20201356 Ver 1_401 Application_20201202Staff Review Does this application have all the attachments needed to accept it into the review process?* r Yes r No ID#* 20201356 Version* 1 Is this project a public transportation project?* r Yes r No Reviewer List:* Andrew Moore:eads\awmoore3 Select Reviewing Office:* Asheville Regional Office - (828) 296-4500 Submittal Type:* Shoreline Stabilization Does this project require a request for payment to be sent?* r Yes r No How much is r $240.00 owed?* r $570.00 Project Submittal Form Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * r For the Record Only (Courtesy Copy) r New Project r Modification/New Project with Existing ID r More Information Response r Other Agency Comments r Pre -Application Submittal r Re-Issuance\Renewal Request r Stream or Buffer Appeal Pre -Filing Meeting Information Before submitting this form please ensure you have submitted the Pre -Filing Meeting Request Form as we will not be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used in accordance with 40 C.F.R. Section 121.4(a) "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency" and in accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Click here to read more information on when this form is needed prior to application submission or here to view the form. Attach documentation of Pre -Filing Meeting Request here: 20201356 Ver 1_PreFiling Meeting Not Required Email_20201102.pdf 376.16KB Date for Meeting Request 10/1/2020 ID# 20201356 Version 1 Project Contact Information Name: Dale Nolan Who is subrritting the inforrration? Email Address: rockstorosesl950@gmail.com Project Information Project Name: Tuckaseegee Erosion Control Project Is this a public transportation project? r Yes r No Is the project located within a NC DCM Area of Environmental Concern (AEC)? r Yes r No r Unknown County (ies) Swain Please upload all files that need to be submited. Oickthe upload button or drag and drop files here to attach document PCN.pdf 16.14MB Only pdf or Iv17 files are accepted. Describe the attachments or comments: Sign and Submit P By checking the box and signing box below, I certify that: ■ I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. ■ I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. ■ I agree that submission of this online 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'); ■ 1 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 online form. Signature: Affllc'� Cif • ��/�lY.�r! Submittal Date: Is filled in automatically. Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing la. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 13 or General Permit (GP) number: 1 c. 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): N 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑X 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 ❑X 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 1h below. ❑ Yes X❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Tuckaseegee River Erosion Control Project 2b. County: Swain 2c. Nearest municipality / town: Ela 2d. Subdivision name: None 2e. NCDOT only, T.I.P. or state project no: 3. Owner information 3a. Name(s) on Recorded Deed: Beth Rose Miratsky and Jerry Miratsky 3b. Deed Book and Page No. BK: 00425 PG: 0790 3c. Responsible Party (for LLC if applicable): 3d. Street address: 1465 Hyatt Creek Rd. 3e. City, state, zip: Bryson City, NC 28713 3f. Telephone no.: 402-699-9117 3g. Fax no.: None 3h. Email address: Miratsky@bellsouth.net Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑X Other, specify: Hired to control erosion with rock barrier 4b. Name: Dale and Lynne Nolan 4c. Business name (if applicable): From Rocks to Roses Landscaping, Inc. 4d. Street address: 101 Woodcastle Ln. 4e. City, state, zip: Hayesville, NC 28904 4f. Telephone no.: 828-361-4930 4g. Fax no.: none 4h. Email address: rockstoroses1950@gmaii.com S. Agent/Consultant Information (if applicable) 5a. Name: Dale and Lynne Nolan 5b. Business name (if applicable): From Rocks to Roses Landscaping, Inc. 5c. Street address: 101 Woodcastle Ln. 5d. City, state, zip: Hayesville, NC 28904 5e. Telephone no.: 828-361-4930 5f. Fax no.: none 5g. Email address: rockstoroses1950@gmail.com Page 2 of 10 S. Project Information and Prior Project History I. Properly Identification la. Property identification no. (tax PIN or parcel ID): ID: 669041180074 1 b. Site coordinates (in decimal degrees): Latitude: 35.45222 Longitude: 83.39722 1 c. Property size: 13.25 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Lake Fontana 2b. Water Quality Classification of nearest receiving water: 2c. River basin: Little Tennesee 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: Land use is residential. The Tuckaseegee River banks are being heavily eroded due to periodic flooding, fluctuating flow elevations and lack of stream bank vegetative cover. Adjacent upland areas are planted to turf grasses with occasional trees and shrubs. The upland areas are stable. 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: This project is designed to reduce or eliminate continued erosion of the river bank on the subject property. 3e. Describe the overall project in detail, including the type of equipment to be used: Please see attachment A. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includinq all priorphases) in thepast? ❑ Yes No Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑Yes ❑X No Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. 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 impact Type of wetland Forested Type of jurisdiction Area of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) Temporary W1 - Choose one Choose one Yes/No - W2 - Choose one Choose one Yes/No _ W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 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. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 -P Stabilization Tudcaseegee River PER- Corps- 200 200 S2 - Choose one _ S3 - Choose one _ S4 - Choose one S5 - Choose one S6 - Choose one _ 3h. Total stream and tributary impacts 200 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 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 individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number (if applicable) Type of impact Waterbody Area of impact (acres) Permanent (P) or Tem ora T type 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland purpose of pond (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 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. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact 6c. Reason for impact 6d. Stream name 6e. Buffer 6f. Zone 1 6g. Zone 2 number — Permanent (P) or mitigation impact impact Temporary required? (square (square feet) feet B1 Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yesmo 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Structures (boulders) will be placed during base or low flow conditions only. Stream bank disturbance will be avoided whenever possible and existing stream bank vegetation will not be disturbed whenever possible. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Boulders are to be placed with a large track hoe with a hydraulic or stationary thumb to reduce stream bank disturbance A semi permeable membrane will be placed between the bank and the rock structures. Construction will be done during base or low flow conditions. No equipment will enter the river. 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 ❑X 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? El 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: Choose one Type: Choose one Type: Choose one Quantity: Quantity: 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: Choose one 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: S. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 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? ❑ 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. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (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 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. 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 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? o /o 2b. Does this pro'ect 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: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is this ro'ect? ❑ Phase 11 3b. Which of the following locally -implemented stormwater management programs ❑ NSW apply (check all that apply): USM H WatePSupply 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 ❑ Yes ❑ 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 8 of 10 PCN Form —Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? ❑ Yes No 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 letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (1 SA NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, []Yes ❑ No or Riparian Buffer Rules (15A NCAC 213 .0200)? 2b. Is this an after -the -fact permit application? ❑Yes OX 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 additional development, which could impact nearby downstream water quality? ❑Yes ❑ No 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 9 of 10 PCN Form —Version 1.4 January 2009 S. Endangered Species and Designated Critical Habitat (Corps Requirement) 52. Will this project occur in or near an area with federally protected species or habitat? © Yes ❑ No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ❑ Yes ❑ No 5c. If yes, indicate the USFWS Field Office you have contacted. _ 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Corp of Engineers Data Base 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 status (e.g., National Historic Trust designation or properties significant in ED Yes ❑ No North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Corp Of Engineers Data Base 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? 7-9 Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: This track is in a FEMA designated 100-year floodplain. No rise in the stream or the stream bank is anticipated from the proposed stabilization project. 8c. What source(s) did you use to make the floodplain determination? FEMA Map 3700669400J Dale A. Nolan � 7/" 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 10 of 10 AGENT AU MORiZATIQN FORM PROPERTY Lw&- ? a mT ow �. LOT IVO.C--�---- PI.I NO. PARCELID: STREET ADDRESS: so87t 3 Please•pri"t Property Owner: JerrI4 The undersigned, registered property owners of the above noted property, do hereby authorize cJf� 1Y�/1 of��- s, ,Iy Floveza, (ConttwWr / Agent) -01eme of oQnsuiting firm) to act on my behalf and take ail actions necessary for the processing, Issiance and acceptance of this permt or certification and any and all standard and gxdal cordt%ns ate. Property OwnWa Address (if Werenf than property aov e), - Telephone: / !Y0 z -9 r/ A S We hereby cerW the abode information submitted in this WxaMn is true and accurate to the best ofo r know. Authorized Signature Date: 2 `7/Ad Authorized S nature r�r 9%/7/ Attachment A Overall Project Details In order to prevent additional stream bank erosion, we propose to place large limestone boulders along the river bank. Boulders will be placed during times of low or base flow to better ensure contact with the bottom substrate and to minimize adverse impacts to the stream. Up -Stream the initial boulders will be keyed into the bank to prevent stream flow and possible erosion behind the structure. Down stream the end boulders will also be keyed into the bank to prevent the water from eroding behind the structure. The stream bank will be protected with a semi -permeable geo-textile liner between the bank and the rock structure. Soil will be used as fill material behind the liner and the structure where necessary to ensure stability of the structure. The boulders will be stepped back into the bank on each vertical lift or rise (See Figures 1 and 2). Smaller limestone rock (Class B Rip Rap) will be used where needed behind the boulders to help fill voids between the rocks and to help ensure stability of the structure. The smaller rock will not be allowed to enter the river. The vertical rise of the structure will not exceed the top of the bank. The horizontal disturbance will be approximately four (4) feet or the width of the boulders. The disturbed surface areas will be graded and seeded to permanent vegetation as soon as practicable after disturbance has ceased. Disturbed areas will be mulched to prevent erosion. Surface structures disturbed during operations such as patios, fire pits, etc., will be replace per landowner approval. Proposed equipment to be used will include but may not be limited to a track mounted excavator with a hydraulic or stationary thumb for placing the boulders, a telehandler for moving boulders, a skid steer, a farm tractor, a dump truck and trailers. fl,jawe- I d►o��a eae�c� IMG_1834.jpg https://mail.google.com/mail/u/O/ Site Location Map Of 1 9/17/2020, 9:03 AM NOTES 1. SURVEY IS BASED ON DEEDS AND EXISTING MONVMENTATION AS SHOWN. 2. PARCEL MAY BE SUBJECT TO EASEMENTS, RIGHTS -OF -WAYS, RESERVATIONS AND RESTRICTIONS: WRITTEN AND UNIMRITTEN: RECORDED AND UNRECORDED. 3. THE CERTIFICATION SHOWN HEREON IS NOT A CERTIFICATION OF TITLE, ZONING OR FREEDOM FROM ENCUMBRANCES. 4. THIS SURVEY WAS PREPARED WITHOUT BENEFIT OF ABSTRACT TITLE AND ALL MATTERS OF TITLE SHOULD BE REFERRED TO AN ATTORNEY -AT -LAW. -*\5/8" Rebor Fond 5. ALL DISTANCES ARE HORIZONTAL UNLESS OTHERWISE NOTED. 6. Copyright a . Joel Johnson Load Surveying Inc. AN Rights reserved. Reproduction or use of the contents of this document: additions or deletions to this document. in whole or in part, without written consent of the land surveyor. is prom9ted. Only copies from the s� the document, marked with an original signotunc surveyor shots be considered to be valid true copies. 7. TRAVERSE ADJUSTED BY COMPASS METHOD TO 1: 86,410. 8. Properly has not been inspected for WETLANDS or FLOOD HAZARDS. 9. ALL ADJOINING PROPERTY INFORMATION WAS TAKEN FROM CURRENT LAND RECORDS INFORMATION AS OF DATE OF SURVEY BUT IT SHOULD BE NOTED THAT ALL PUBLIC LAND RECORDS INFORMATION MAY NOT BE CURRENT OR UP TO DATE. Hwy 19 to Bryson City Tuckasegee River US 23/74 to Bryson City -eroject Site Hwy 19 to Maggie Valley Hyatt Creek Rd LOCATION MAP NOT TO SCALE US 23/74 to Sylva Tie From 5/8" Rebor F S 39*WOVE 368. To Point in Rood - Grissom - Dead Book 323, Pop i PIN 6694.01-07-393 Hyatt Creek Road NCSR 1168 1 00'Right of Way a P STATE OF NORTH CAROLINA COUNTY OF SWAIN 0 c� U N bo O O 00 G: Project Site Registered Plat Unavailable Per Swain County Register of Deeds ,It 00 Strickland, Bev From: laserfiche@ncdenr.gov Sent: Sunday, November 1, 2020 12:01 AM To: rockstoroses1950@gmail.com Cc: Moore, Andrew W Subject: Pre -Filing Meeting is not needed for Tuckaseegee River Erosion Control Project - 20201356 Ver 1 The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Tuckaseegee River Erosion Control Project that you submitted on 10/1/2020 8:56 AM. The ID number for that project is 20201356, Version 1. It has been decided that no meeting is needed for this project. Project file link: https:Hedocs.deq.nc.gov/WaterResources/Browse.aspx?dbid=0&startid=1305711 When you submit your application please upload a copy of the attached document in this email. This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as responses are not monitored.