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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