HomeMy WebLinkAbout20170635 Ver 2_More Information Received_20210302Staff Review
Does this application have all the attachments needed to accept it into the review process?*
r Yes r No
ID#* Version* 2
20170635
Is this project a public transportation project?* r Yes
r No
Reviewer List:* Kaylie Yankura:eads\kyankura
Select Reviewing Office:* Asheville Regional Office - (828) 296-4500
Does this project require a request for payment to be sent?*
r
Yes
r
No
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
Is this supplemental information that needs to be sent to the Corps?*
r Yes r No
Project Contact Information
Name: Tyson Kurtz
who is subrritting the inforrration?
Email Address: tyson@cwenv.com
Project Information
Existing ID #: Existing Version:
2017-PC-0042 1
20170001(no dashes) 1
Project Name: Scherer Culvert Removal
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)
Transylvania
Please upload all files that need to be submited.
C7ickthe upload button or drag and drop files here to attach document
NWP App Amendmenet - Scherer Culvert Removal
3.33MB
3.2.21 - signed.pdf
Only pdf or krre files are accepted.
Describe the attachments
or comments:
Amendment to the existing permit modification request based on discussions with the USACE and DWR at the
January 15th site meeting. The previous submission was not signed, please disregard. I have attached the
signed version to this submission.
Sign and Submit
W 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');
■ 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 online form.
Signature:
Submittal Date: Is filled in autocratically.
DocuSign Envelope ID: 926CF4C2-OBF3-47D9-A5ED-119DF3D27422
aLer
C1earWater Environmental Consultants, Inc.
www.cwenv.com
March 2, 2021
Mr. David Brown
US Army Corps of Engineers - Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Mr. Kevin Mitchell
NCDEQ — Division of Water Resources - Asheville Regional Office
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
RE: Scherer Culvert Removal (+/-1 Acres)
DWR NOV-2017-PC-0042 and SAW-2017-00423
Nationwide Permit 27 & 29 Application Amendment
Transylvania County, North Carolina
Dear Mr. Brown and Mr. Mitchell,
A Pre -Construction Notification (PCN) request for a Nationwide Permit 27 & 29 was submitted
to the US Army Corps of Engineers (USACE) and the NC Division of Water Resources (DWR)
on November 16, 2020. Following review of the permit application, the USACE requested a site
visit to be held on January 15, 2021. Based on discussions held during the site visit, the following
amendments to the submitted application are requested:
• Stream Impact S3 is no longer proposed. The culvert proposed for removal will remain in
place.
• Mitigation fees will be paid to the NC Department of Mitigation Services (DMS) for
Wetland Impact 1 in which 0.013 acres (550 square feet) of wetland was placed into a 15"
diameter culvert. An acceptance letter from the DMS is attached.
• A revised impact map (Figure 5 of the PCN submitted November 16, 2020) reflects the
updated stream and wetland impacts (attached).
• Revised impact tables (Tables C.2 and C.3 of the PCN submitted November 16, 2020)
reflect the updated stream and wetland impacts (attached).
Please do not hesitate to contact me at 828-698-9800 if you have any questions or comments.
Sincerely,
DocuSigned by:
T7suti
. V11.r
Biologist
DocuSigned by:
�cw e, P.W.S.
Principal
145 71 Avenue West, Suite B
Hendersonville, NC 28792
828-698-9800 Tel
DocuSign Envelope ID: 926CF4C2-OBF3-47D9-A5ED-119DF3D27422
Scherer Culvert Removal (+/- 1 AC)
�•' �'y �� atu ,� '� (Z "` rsa a 4
7
ol
a _
OF
Previously proposed Stream Impact S3.
` xAP' S3 has been withdrawn from the permit application.
F r s r
f` At
¢ -fir jt i, �+`j g ° v,.y}�, : Stream ImpactS1 = ..
Permanent - 40 LF Culvert (After the Fact)
rLIT to Steel Creek
r Wetland Impact W1 Stream Impact S2
0.013 Ac (550 sq ft) Permanent - 40 LF Culvert to Remove
Permanent - Culvert (After the fact) UT to Steel Creek x&
See Restoration Plan (Appendix A)�
XN�
rj
d
r i
• t r s� ,a !>� / ' � wd'.. '� �T. �� T»� dry n ' ' r �°t i�y � �{ � ,E�' Y.�, mr� i .i �� � l ,�`
� 4 I k
v ��r a 7.� ,.: �x' �j i• ° $ � s ,�4 y ' „ t
d �,:s. '' r �"$ 4 ` �`� t,.r� a w -•�..,c "k ��1� a �h�a �T.'� ��� �',.«r";ip't¢t u � , �.. iw� �;i. �, � j "{ ..i � ��,���'��'�� {� � �` �l'I 4� � z v- "+'�'",�^,•'
r ^'3
^ Y ��99��d ,?1$�y;IIG.,_n f `�, • tM. %�y1R; < +,4 By �i' yBMp ,� �?�t y F �k 'p' n, 1 'A 9
",
7
,.db,�' C r ;<n` i �� .� ii i magi,. ` i!, .rs• �r +�'� fyr. l a r
w
, tr
Linear Wetland (Approx.)
! t.. Culvert to Remain
rat,,
17Z,
0 200 400 800¢' a Culvert to Remove
Feet� « i Scherer Parcels (Approx.).:
Drawn by: TJK 2.2.2021; CEC Project#1072r
RM „
Transylvania County, CLearWater Impact Map
North Carolina 32 Clayton street Figure 5
Asheville, North Carolina 28801
DocuSign Envelope ID: 926CF4C2-OBF3-47D9-A5ED-119DF3D27422
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X Wetlands ❑X 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.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 P
Culvert
Headwater Wetland
No
Corps
0.013
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:
0.013
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
Culvert
UT Steel Creek
PER
Corps
10
40
S2 P
Type In (Other)
UT Steel Creek
PER
Corps
10
40
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
80
3i. Comments:
S2 is a stream restoration impact associated with culvert removal. See Restoration Plan (Appendix A).
Page 4 of 10
PCN Form — Version 1.4 January 2009
DocuSign Envelope ID: 926CF4C2-OBF3-47D9-A5ED-119DF3D27422
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TIM BAUMGARTNER
Director
Mr. William Scherer
584 Scherer Drive
Brevard, NC 28712
NORTH CAROLINA
Environmental Quality
February 2, 2021
Expiration of Acceptance: 8/2/2021
Project: Scherer Culvert Removal County: Transylvania
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Impact Quantity
French Broad
06010105
Riparian Wetland
0.013
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact Kelly.Williams@ncdenr.gov.
cc: Tyson Kurtz, agent
Sincerely,
At�t&�
FOR James. B Stanfill
Asset Management Supervisor
NO!or:RTH Ro� RE Q��
Department of Environmental Quality