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HomeMy WebLinkAbout20210005 Ver 1_ePCN Application_20210210DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form October 26, 2020 Ver 3.3 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#* 20210005 1 Is a payment required for this project?* r No payment required What amout is owed?* r Fee received IT $240.00 r Fee needed - send electronic notification r $570.00 Reviewing Office * Winston-Salem Regional Office - (336) 776- Select Project Reviewer* 9800 Sue Homevmod:eads\slhomewood Information for Initial Review 1a. Name of project: Aganad Project 1a. Who is the Primary Contact?* Glen Sullivan 1b. Primary Contact Email:* 1c. Primary Contact Phone:* foggymtn@skybest.com (336)384-5323 Date Submitted 2/10/2021 Nearest Body of Water South Fork New River Basin New Water Classification C;HQW Site Coordinates Latitude: Longitude: 36.283318-81.557110 Pre -Filing Meeting Information ID# Version 20210005 1 Pre -fling Meeting or Request Date* 12/31/2020 Attach documentation of Pre -Filing Meeting Request here:* DWR Pre -Filing Meeting Request Form.pdf 52.23KB A. Processing Information County (or Counties) where the project is located: Ashe Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: P Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* r Yes r No 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: 13 - Bank Stabilization NWP Numbers (for multiple NWPS): Ild. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit Ile. Is this notification solelyfor the record because written approval is not required? For the record onlyfor DWR 401 Certification: For the record onlyfor Corps Permit: r 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? t^ Yes r No 1j. Is the project located in a designated trout watershed? r Yes f No B. Applicant Information 1d. Who is applying for the permit? W Owner r Applicant (other than owner) 1e. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: VINCENT M AGANAD and wife LEIGH N AGANAD 2b. Deed book and page no.: 502/222 2c. Responsible party: VINCENT M AGANAD 2d.Address r Yes r No r Yes r No Street Address 422 Green Meadows Drive Address Line 2 City Todd Postal / Zip Cate 28684 2e. Telephone Number: (704)530-6223 2g. Email Address:* vaganad@riviana.com 4. Agent/Consultant (if applicable) 4a. Name: Glen Sullivan 4b. Business Name: Foggy Mountain Nursery 4c.Address Street Address 2251 Ed Little Road Address Dne 2 CXY Creston Fbstal / Zip Code 28615 4d. Telephone Number: (336)384-5323 4f. Email Address:* foggyrritn@skybest.com Agent Authorization Letter* agent authorization. PDF State / Rovince / Region NC Country us 2f. Fax Number: State / Rovince / Rion NC Country us 4e. Fax Number: (336)384-3764 196.22KB C. Project Information and Prior Project History U 1. Project Information 1b. Subdivision name: (if appropriate) Green Meadows 1c. Nearest municipality/ town: Todd 2. Project Identification 2a. Property Identification Number: 2b. Property size: 15198095013 0.84 AC 2c. Project Address Street Address 422 Green Meadows Drive Address Line 2 city State / Rovince / Region Todd NC Fbstal / Zip Code Country 28684 us 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;HQW 3c. What river basin(s) is your project located in?* New 3d. Please provide the 12-digit HUC in which the project is located. 050500010204 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 project site is located along the South Fork of the New River southeast of Todd, NC. A sediment deposit on the opposite side of river has directed the thalwag to the bank. The bank is severely eroded due to the pressure of the water and the lack of vegetation. 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) topo1.pdf 6.49MB topo2 (1).pdf 223.11 KB 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: 0 4g. List the total estimated linear feet of all existing streams on the property: 122 4h. Explain the purpose of the proposed project:* To repair and stabilize eroding banks by re-establishing proper bank profiles through bank reshaping and wdth 1 in -stream structure, to improve water quality. To improve habitat for aquatic fauna and to improve the overall condition of the riparian areas at the site. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Eroding banks will be reshaped to approbmately 2:1, or flatter and planted with native vegetation. One (1) rock vane will be constructed to divert the thalwag back to the center of the stream. During construction a track hoe will do the work from the bank, although the track hoe may have to access the stream to construct the end of the rock vanes. After construction the bank will be seeded with native grass seed and sloped bank will be covered with erosion control matting and anchored with live stakes and landscape staples. Flat areas will be seeded and mulched with straw. All areas will be planted with live stakes (Silky Willow, Salix Sericea) (Silky Dogwood, Corpus amomum) (Elderberry, Sambucus canadensis) along wdth native rhododendron mtn laurel and river birch. 4j. Please upload project drawings for the proposed project. AGANAD.pdf 174.6KB 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): Agency/Consultant Company: Other: 5d1. Jurisdictional determination upload 6. Future Project Plans 6a. Is this a phased project?* r Yes f• 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 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): r Wetlands W Streams -tributaries ❑ Buffers r Open Waters r Pond Construction 3. Stream Impacts F 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 Stabilization Permanent Bank Stabilization South Fork New River Perennial Both 99 Average (feet) 112 (lir�rfeel) S2 Rock Vane Permanent Bank Stabilization ]South Fork New River Perennial Both 99 Average (feet) 10 (linearfeet) 31. Total jurisdictional ditch impact in square feet: 31. Total permanent stream impacts: 122 3i. Total stream and ditch impacts: 122 3j. Comments: 3i. Total temporary stream impacts: E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: This project will stabilize 122 If of eroding stream bank, reduce stream bank erosion, reduce in -stream sediment loads and improve in -stream aquatic habitats. Stream aesthetics will be improved with the establishment of a well vegetated and functioning riparian zone. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: During construction, equipment will only access the stream when absolutely necessary. For this project, it is anticipated that most of the track hoe work can be accomplished from the top of the bank. However, equipment may need access the stream during the construction when no other construction alternative eAsts. Soil disturbance will be limited to what can seeded and stabilized in one day. Banks will be seeded and coir matting will be placed and anchored with wooden stakes. Flat areas will be seeded and covered with straw. 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: 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: 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?* C' Yes C 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 21-1.1300), 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. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor NA 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 r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut anytrees 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? mm.fv s.gov/nc-es/es/countyfr.html Consultation Documentation Upload 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?* ocean.floridamarine.org/efh_coral/ims/viemr.htm 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?* vmw.hpo.ncdcr.gov/nr1ist.htm 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 FEMAre quirements: The project Will not impede flood waters. 8c. What source(s) did you use to make the floodplain determination?* rriSG.fenia.gov/portal/search#searchresultsanchor Miscellaneous U Comments Miscellaneous attachments not previously requested. pics.pdf 319.1 KB Site Plan-converted.pdf 188.88KB Signature * P By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • 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 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: Glen Sullivan Signature Date 2/10/2021 I, - V t u(y ki Nr I ID designate Glen Sullivan of Foggy Mountain Nursery to act as my duly authorized agent concerning all US Army Corps of Engineers and NC DENR permitting regarding the stream bank restoration project on my property inASfe County, NC. Name qaa (�eas�i m Address aoy) S 3a - (0 a3 Phone number &3ws b P- Fax number VQCL01RC�der1VI0,On,PAOt. [0'iiF7 V i OV G/ R -F8DQ 36022' 4025( 17' 3 I: 930 C FE 0 0 4l UNITED STATES TODD QUADRANGLE nF,P,4PTMFNT nF TPF INTFPICIP Mapped, edited, and published by the Geological Survey Control by USGS and USC&GS Topography by photogrammetric methods from aerial photographs taken 1964. Field checked 1966 Polyconic projection. 1927 North American datum 10,000-foot grid based on North Carolina coordinate system 1000-meter Universal Transverse Mercator grid ticks, zone 17, shown in blue Fine red dashed lines indicate selected fence and field lines where generally visible on aerial photographs. This information is unchecked MN �I GIN 44 MILSIi 0°20 6 MILS UTM GRID AND 1966 MAGNETIC NORTH DECLINATION AT CENTER OF SHEET SCALE 1:24000 2 0 I MILE 1000 0 1000 2000 3000 4000 5000 6000 7000 FEET 1 5 0 1 KILOMETER CONTOUR INTERVAL 40 FEET DATUM IS MEAN SEA LEVEL ROAD CLASSIFICATION Heavy-duty Light -duty _ -- Mediumduty — _ Unimproved dirt C3U.S. Route O State Route ■ N^ N-C -Ind �j QUADRANGLE LOCATION TODD, N. C. N3615—W8130/7.5 1966 J' 16°22'30" 211 i0 000 [ET '3 2 E 30 oom N. 15, THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS FOR SALE BY U.S. GEOLOGICAL SURVEY, WASHINGTON, D. C. 20242 A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILABLE ON REQUEST AMS 4656 1 SE —SERIES V842 (77 - -------- -- 30 44-ert$ 0 VICINITY MAP T'A ISO9 ., ~3 F al 110 1109 IEIINN g RNet yto2 Yl4fi'� 1.07 a N e3 Ne•N N F OC� 128 1101 Brown II �11111=11111= $___-1-- _ -' lililili °1I Rock Vane @ 0+46 \ \ LEGEND: AGANAD VINCENT M Bank —loping 0 \& LEIGH N DEED BOOK 502 Rock vane PAGE 222 LOT 13 GREEN MEADOWS PLAT BOOK 5 \ \P \ \ �G N� Q G N SITE PLAN Oje Agcnad Project Mea a Geer 60 0 60 120 180 zOzIounta n Nursery "� FogTgNu 2251 m "`T" Ra"n `R IC 28615 "� ("fl' 'fl"-5323 GRAPHIC SCALE — FEET SUMMARY TABLE ACTIVITY REACH Station 1+22 – 0+00 Station 0+00 Station 0+20 – 1+22 FIGURE 5. Typical bank reshaping and revegetation plan. Live stakes 18” to 24” in length. Erosion control blanket 4 - 8 ft wide, anchored with wooden stakes/live stakes. Water level Herbaceous vegetation. Rooted trees, 2’ to 6’ tall. Pasture grasses, little valve for bank stabilization or stream shading. Vertical bank showing area to be reshaped. Normal water level. Cross-section view before work (existing condition) Cross-section view after work 2 FIGURE 6. Typical rock vane structure showing plan and cross-section views. Photograph shows a rock vane constructed in the South Fork New River at the Wagoner Road Access, New River State Park. PLAN VIEW Flow 20 - 30 O Scour hole CROSS - SECTION VIEW Bankfull elevation Footer rocks Top rocks Bankfull bench DWR Pre-Fil ing Meeting Req u est Form ID#*Ve rsion * Re gional Office * Re v ie we r List * Contact Name * Contact Email Addre ss * Proje ct Name * Proje ct Owne r * Proje ct County * Owne r Addre ss: Is this a transportation proje ct?* Type (s) of approv al sought from the DWR: Doe s this proje ct hav e an e xisting proje ct ID#?* Do you know the name of the staff me mbe r you would like to re que st a me e ting with? Ple ase giv e a brie f proje ct de scription be low.* 20210005 1 Winston-Salem Regional Office - (336) 776-9800 Sue Homewood Pre-Filing Me eting Reque st submitte d 12/31/2020 Glen Sullivan foggymtn@skybest.com Aganad Project Vince Aganad Ashe City Todd State / Province / Region NC Postal / Zip Code 28684 Country United States Street Address 422 Green Meadows Drive Address Line 2 Yes No 401 Water Quality Certification - Regular 401 Water Quality Certification - Express Individual Permit Modification Shoreline Stabilization Yes No Sue Homewood Please give a couple of dates you are available for a meeting. Ple ase attach the docume ntation you would like to hav e the me e ting about. Signature Submittal Date To repair and stabilize eroding banks by re-establishing proper bank profiles through bank reshaping and with 1 in-stream structure and to improve water quality. To improve habitat for aquatic fauna and to improve the overall condition of the riparian areas at the site. Eroding banks will be reshaped to approximately 2:1, or flatter and planted with native vegetation. One (1) rock vane will be constructed to divert the thalwag back to the center of the stream. During construction a track hoe will do the work from the bank, although the track hoe may have to access the stream to construct the end of the rock vanes. After construction the bank will be seeded with native grass seed and sloped bank will be covered with erosion control matting and anchored with live stakes and landscape staples. Flat areas will be seeded and mulched with straw. All areas will be planted with live stakes (Silky Willow, Salix Sericea) (Silky Dogwood, Cornus amomum) (Elderberry, Sambucus canadensis) along with native rhododendron mtn laurel and riverbirch pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: · This form completes the requirement of the Pre-Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. · I understand by signing this form that I cannot submit my application until 30 calendar days after this pre-filing meeting request. · I also understand that DWR is not required to respond or grant the meeting request. Your project’s thirty-day clock started upon receipt of this application.  You will receive notification regarding meeting location and time if a meeting is necessary.  You will receive notification when the thirty-day clock has expired, and you can submit an application. 12/31/2020