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HomeMy WebLinkAbout20201935 Ver 1_ePCN Application_20210318 I I DWR Division 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?* 6 Yes ✓ No Is this project a public transportation project?* 0 Yes r No Change only if needed. BIMS#Assigned* Version#* 20201935 1 Is a payment required for this project?* ✓ No payment required 6 Fee received Reviewing Office* ✓ Fee needed-send electronic notification Asheville Regional Office-(828)296-4500 Select Project Reviewer* Kevin Mitchell:eads\rkmitchell Information for Initial Review 1a.Name of project: U-6251 Enka Heritage Drive 1a.Who is the Primary Contact?* NC Department of Transportation,Roger D.Bryan lb.Primary Contact Email:* 1c.Primary Contact Phone:* rdbryan@ncdot.gov (828)250-3005 Date Submitted 3/18/2021 Nearest Body of Water UT to Hominy Creek Basin French Broad Water Classification Class C Site Coordinates Latitude: Longitude: 35.54829 -82.64759 Pre-Filing Meeting Information ID# Version 202001935 1 Pre-fling Meeting or Request Date* 12/9/2020 Attach documentation of Pre-Filing Meeting Request here:* 20201935 Ver 1_Pre-Filing Meeting Scheduled Email_20201214.html 3.23KB A. Processing Information C^U County(or Counties)where the project is located: Buncombe Is this a NCDMS Project C- Yes f No Is this project a public transportation project?* 6 Yes r No Is this a NCDOT Project?* 6 Yes r No (NCDOT only)T.I.P.or state project number: U-6251 WBS#(2) 49281.1.1 1a.Type(s)of approval sought from the Corps: fJ 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?* C- Yes 6' No lb.What type(s)of permit(s)do you wish to seek authorization? fJ Nationwide Permit(NWP) r Regional General Permit(RGP) r Standard(IP) 1c.Has the NWP or GP number been verified by the Corps? (' Yes CNo Nationwide Permit(NWP)Number: 14-Linear transportation NWP Numbers(for multiple NWPS): Id.Type(s)of approval sought from the DWR: 17 401 Water Quality Certification-Regular r 401 Water Quality Certification-Express r Non-404 Jurisdictional General Permit r Riparian Buffer Authorization r Individual Permit le.Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: C' Yes 6 No For the record only for Corps Permit: C' Yes 6 No If.Is this an after-the-fact permit application?* C- Yes f No 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? (' Yes C No 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? C- Yes r No Acceptance Letter Attachment U-6251-Division 13-STR-FB 05.pdf 490.12KB 1h.Is the project located in any of NC's twenty coastal counties? C- Yes C No 1j.Is the project located in a designated trout watershed? C Yes C- No B. Applicant Information Id.Who is applying for the permit? 17 Owner r Applicant(other than owner) le.Is there an Agent/Consultant for this project?* ✓ Yes (- No 2.Owner Information 2a.Name(s)on recorded deed: NC Department of Transportation 2b.Deed book and page no.: 2c.Responsible party: 2d.Address Street Address Enka Heritage Drive Address Line 2 (Sty State/Province/Region Asheville NC Postal/Zip Code Country 28804 USA 2e.Telephone Number: 2f.Fax Number: (828)250-3005 2g.Email Address:* rdbryan@ncdot.gov C. Project Information and Prior Project History 1. Project Information lb.Subdivision name: (if appropriate) 1c.Nearest municipality/town: Candler 2. Project Identification 2a.Property Identification Number: 2b.Property size: 2.0 2c.Project Address Street Address Address Line 2 DIY State/Province/Region Fbstal/Zip Code Country 3.Surface Waters 3a.Name of the nearest body of water to proposed project:* UT to Hominy Creek 3b.Water Resources Classification of nearest receiving water:* Class C 3c. What river basin(s)is your project located in?* French Broad 3d.Please provide the 12-digit HUC in which the project is located. 060101050503 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 site is an existing industrial site that has been in operation since the early 1900's.All areas of the site have been previously disturbed for building construction,material disposal, and flood control/water management. 4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?* C Yes f 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) U-6251 Buncombe Topo Map.pdf 583.46KB 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: 0.0 4g.List the total estimated linear feet of all existing streams on the property: 400 4h.Explain the purpose of the proposed project:* The project will provide access to industrial sites which will create jobs and enhance the economic development potential of Buncombe County. 4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:* The project will construct 0.21 mile of three lane roadway on new location from an existing bridge at US 19/23 West to Walk Off Way in Candler.Heavy equipment and trucks will be used to construct the roadway.A 15'diameter culvert will be installed in the UT to Hominy Creek.The UT will be dewatered with and impervious dike during construction. 4j.Please upload project drawings for the proposed project. U-6251_Permit Drawings Revised 03-09-21.pdf 1.09MB 5.Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* ✓ Yes F No r Unknown Comments: Site visit was conducted with US Army Corps on March 5,2021. 5b.If the Corps made a jurisdictional determination,what type of determination was made?* ✓ Preliminary C' Approved F Not Verified r Unknown f 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?* ✓ 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 la.Where are the impacts associated with your project?(check all that apply): n Wetlands fJ Streams-tributaries 1 Buffers r Open Waters E Pond Construction 3.Stream Impacts 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 Culvert Permanent Culvert UT to Hominy Creek Perennial Both 10 250 Average(feet) (linear feet) S2 Bank Stabilization Permanent Bank Stabilization UT to Hominy Creek Perennial Both 10 40 Average(feet) (linear feet) S3 Impervious Dike Temporary Dewatering UT to Hominy Creek Perennial Both 10 290 Average(feet) (linear feet) 3i.Total jurisdictional ditch impact in square feet: 0 3i.Total permanent stream impacts: 3i.Total temporary stream impacts: 290 290 3i.Total stream and ditch impacts: 580 3j.Comments: The culvert will be 250'in length with an additional 40'of rip rap bank stabilization.An impervious dike of 290'will be installed during construction. E. Impact Justification and Mitigation 1.Avoidance and Minimization Ia.Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The proposed structure is the minimum necessary to construct the required roadway for industrial access. lb.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: N/A 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 rNo 2c.If yes,mitigation is required by(check all that apply): DWR fJ Corps 2d.If yes,which mitigation option(s)will be used for this project? n Mitigation bank 17 Payment to in-lieu fee r Permittee Responsible program Mitigation 4. Complete if Making a Payment to In-lieu Fee Program 4a.Approval letter from in-lieu fee program is attached. ( Yes r No 4b.Stream mitigation requested: (linear feet) 4c.If using stream mitigation,what is the stream temperature: 250 cool 4d.Buffer mitigation requested(DWR only): 4e.Riparian wetland mitigation requested: (square feet) (acres) 4f.Non-riparian wetland mitigation requested: 4g.Coastal(tidal)wetland mitigation requested: (acres) (acres) 4h.Comments 6. Buffer mitigation(State Regulated Riparian Buffer Rules)-required by DWR 6a.Will the project result in an impact within a protected riparian buffer that requires buffer mitigation?If yes,you must fill out this entire form-please contact DWR for more information. ✓ yes ( No F. Stormwater Management and Diffuse Flow Plan (required by DWR) L) 1. Diffuse Flow Plan Ia.Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ✓ Yes ( No If no,explain why: French Broad River is not a regulated river basin for NC Riparian Buffer Rules. 2.Stormwater Management Plan 2a.Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* ( Yes r No Comments: SMP is included in the Permit Drawings. G. Supplementary Information 1. Environmental Documentation Ia.Does the project involve an expenditure of public(federal/state/local)funds or the use of public(federal/state)land?* ( Yes rNo lb.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(North Carolina) Environmental Policy Act(NEPA/SEPA)?* ✓ Yes ( No Comments:* The project qualifies under Categorical Exclusion.The documentation is attached to the application. 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 2H.1300),or DWR Surface Water or Wetland Standards or Riparian Buffer Rules(15A NCAC 2B.0200)?* ✓ Yes r No 3. Cumulative Impacts(DWR Requirement) 3a.Will this project result in additional development,which could impact nearby downstream water quality?* ✓ Yes f 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?* ✓ Yes a No r 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?* • Yes r No 5b.Have you checked with the USFWS concerning Endangered Species Act impacts?* 6 Yes r No 5c.If yes,indicate the USFWS Field Office you have contacted. Asheville 5d.Is another Federal agency involved?* 6 Yes r No r Unknown What Federal Agency is involved? US Army Corps,FI-WA,ARC 5e.Is this a DOT project located within Division's 1-8? ✓ Yes G No 5f.Will you cut any trees in order to conduct the work in waters of the U.S.? 6 Yes r No 5g.Does this project involve bridge maintenance or removal? ✓ Yes G No 5h.Does this project involve the construction/installation of a wind turbine(s)?* ✓ Yes G No 5i.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.? ✓ Yes r No 5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Current Distribution data Consultation Documentation Upload U-6251 Buncombe USFWS Response Letter.pdf 392.03KB 6. Essential Fish Habitat(Corps Requirement) 6a.Will this project occur in or near an area designated as an Essential Fish Habitat?* ✓ Yes allo 6b.What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* N/A 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?* ✓ Yes allo 7b.What data sources did you use to determine whether your site would impact historic or archeological resources?* SHPO and DOT reviews. 7c.Historic or Prehistoric Information Upload U-6251 Buncombe No Survey Required Form.pdf 2.15MB 8. Flood Zone Designation(Corps Requirement) 8a.Will this project occur in a FEMA-designated 100-year floodplain?* F Yes C No 8b.If yes,explain how project meets FEMA requirements: The UT is within a backwater of Hominy Creek and evaluation by hydraulics unit of DOT found no impacts to flood elevations due to the project. 8c.What source(s)did you use to make the floodplain determination?* FEMA Mapping Miscellaneous U Comments Miscellaneous attachments not previously requested. U-6251 Buncombe CE.pdf 22.11MB U-6251 Buncombe Historic Architecture No Survey Needed.pdf 312.96KB U-6251 Study Area.pdf 10.48MB Signature * IJ 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: Roger D.Bryan Signature p O Date 3/18/2021