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HomeMy WebLinkAbout20210472 Ver 1_ePCN Application_20210405DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form April 4, 2021 Ver 4 Has this project met the requirements for acceptance in to the review process?* 6 Yes ✓ No Is this project a public transportation project?* CYes r No Change cnly 1 needed. BIMS # Assigned* 20210472 Is a payment required for this project?* ✓ No payment required ✓ Fee received 6 Fee needed - send electronic notification Reviewing Office * Winston-Salem Regional Office - (336) 776- 9800 Version#* 1 What amout is owed?* r $240.00 6 $570.00 Select Project Reviewer* Sue Homewood:eads\slhomewood Information for Initial Review la. Name of project: Levesque Project la. Who is the Primary Contact?* Kenneth Levesque for Noble Bishop Holding Inc 1b. Primary Contact Email:* ke n n ya n d s h a n n a @g ma i l. co m Date Submitted 4/5/2021 Nearest Body of Water South Fork New River Basin New Water Classification B;ORW Site Coordinates Latitude: 36.529653 Pre -Filing Meeting Information ID# 20210472 Pre -fling Meeting or Request Date* 3/1/2021 Longitude: -81.339278 Attach documentation of Pre -Filing Meeting Request here:* DWR Pre -Filing Meeting Request Form.pdf A. Processing Information lc. Primary Contact Phone:* (828)748-2875 Version 1 51.05KB County (or Counties) where the project is located: Alleghany Is this a NCDMS Project ✓ Yes r No Is this project a public transportation project?* ✓ Yes r No la. Type(s) of approval sought from the Corps: 17 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?* ✓ Yes ✓ No 1b. What type(s) of permit(s) do you wish to seek authorization? 7 Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) lc. Has the NWP or GP number been verified by the Corps? ✓ Yes r No Nationwide Permit (NWP) Number: 13 - Bank Stabilization NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 17 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: lf. Is this an after -the -fact permit application?* ✓ Yes rNo ✓ 401 Water Quality Certification - Express ✓ Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ✓ Yes ( No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ✓ Yes rNo Acceptance Letter Attachment 1 h. Is the project located in any of NC's twenty coastal counties? ✓ Yes ( No 1j. Is the project located in a designated trout watershed? r Yes r No ✓ Yes r No ✓ Yes r No B. Applicant Information ld. Who is applying for the permit? 17 Owner r Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: NOBLE BISHOP HOLDINGS, INC 2b. Deed book and page no.: 412 Pg: 449 2c. Contact Person: Kenny Levesque 2d.Address Street Address 4431 Jim Beard Road Address Line 2 qty State/ Province / Region Maiden NC Postal / Zip Code Country 28650 US 2e. Telephone Number: 2f. Fax Number: (828)748-2875 2g. Email Address:* ke n n ya n d s h a n n a @g ma i l. co m 4. Agent/Consultant (if applicable) 4a. Name: Glen Sullivan 4b. Business Name: Foggy Mountain Nursery 4c.Address Street Address 2251 Ed Little Road Address Line 2 Creston Fbstal / ZZp Code 28615 4d. Telephone Number: (336)384-5323 4f. Email Address:* foggymtn@skybest.com Agent Authorization Letter* Agent Authorization.PDF State/ Povince / Region NC Country US 4e. Fax Number: (336)384-3764 264.85KB C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: ('rf appropriate) RN/ER MOUNTAIN ESTATES lc. Nearest municipality/ town: Piney Creek 2. Project Identification 2a. Property Identification Number: 3011296864 & 3011297715 2c. Project Address Street Address 227 River Mountain Drive Address Line 2 Piney Creek Postal / Zip Code 28663 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:* B;ORW 2b. Property size: 1.57 State / Rovince / Region NC Country 3c. What river basin(s) is your project located in?* New 3d. Please provide the 12-digit HUC in which the project is located. 050500010210 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 southwest of Piney Creek, 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?* ✓ 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) topo.pdf topol (2).pdf 1.54 MB 172.36KB 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: 191 4h. Explain the purpose of the proposed project:* To repair and stabilize eroding banks by re-establishing proper bank profiles through bank reshaping and with 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 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 river birch. 4j. Please upload project drawings for the proposed project. Levesque.pdf 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* ✓ Yes f No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* ✓ Preliminary r Approved r Not Verified a 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?* ✓ Yes 6' 239.78KB C Unknown 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): r Wetlands n Open Waters 17 Streams -tributaries r Pond Construction ❑ Buffers 3. Stream Impacts 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name * 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width * 3h. Impact length* S1 Stabilization Permanent Bank Stabilization South Fork New River Perennial Both 194 Average (feet) 181 (linear feet) 32 Rock Vane Permanent Bank Stabilization South Fork New River Perennial Both 194 Average (feet) 10 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 191 3i. Total stream and ditch impacts: 191 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 0 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: This project will stabilize 191 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 exists. 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 (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 la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? C Yes f 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?* C Yes ( 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 la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* • Yes ( 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 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* ✓ Yes ( No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* ✓ Yes 6- 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?* ✓ Yes ( No 5d. Is another Federal agency involved?* ✓ Yes 5e. Is this a DOT project located within Division's 1-8? ✓ Yes ('No G No r Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? ✓ Yes G No 5g. Does this project involve bridge maintenance or removal? ✓ Yes ('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? www.fws.govinc-es/es/countyfrhtml 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?* 6 Yes rNo Are there submerged aquatic vegetation (SAV) around the project vicinity?* ✓ Yes a No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* vwmfws.gov/nc-es/es/countyfr.html 7. Historic or Prehistoric Cultural Resources (Corps Requirement) r Unknown 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 G No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* mw.hpo.ncdcr.gov/nrlist.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?* 6 Yes f No 8b. If yes, explain how project meets FEMA requirements: The project vAll not impede flood waters. 8c. What source(s) did you use to make the floodplain determination?* msc.fema.gov/portal/search#searchresultsanchor Miscellaneous Comments Miscellaneous attachments not previously requested. Site Plan-converted.pdf pics.pdf 188.88KB 185.38KB Signature * EL 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 ct—Ce42,0 Date 4/5/2021 i, Yesme h L Ve.SQ 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 inP1km/ County, NC. rune laves Ae. r iobw- i s1-tp ---1101dyn c, 1na , Name Address 1-k.N yid A43 Phone number Fax number any ods vl n)(\24 E y .(-)z l,coy-,� E-mail address i‘LA--qA /7--0 Signature Date DWR Pre -Filing Meeting Request Form Contact Name* Contact Email Address* Project Owner* Project Name* Project County* Owner Address:* Glen Sullivan foggymtn@skybest.com Noble Bishop Holdings, Inc Levesque Project Alleghany Street Address 4431 Jim Beard Road Address Line 2 City State / Rovince / Region Maiden NC Fbstal / Zip Code Country 28650 US Is this a transportation project?* r Yes c: No Type(s) of approval sought from the DWR: l 401 Water Quality Certification - I— 401 Water Quality Certification - Reg ula r Express I— Individual Permit I— Modification I— Shoreline Stabilization Does this project have an existing project ID#?* (' Yes c: No Do you know the name of the staff member you would like to request a meeting with? Sue Homewood Please give a brief project description below.* 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 Please give a couple of dates you are available for a meeting. Please attach the documentation you would like to have the meeting about. 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. • !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. Signature * Submittal Date 3/1/2021 452 110000 FEU' 450 1010000 UNITED STATES DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY if/ C fi EST NT —,HILL Rill: �., I 21 Mapped, edited, and published by the Geological Survey Control by USGS a. lISC495 ToPoBraPhY by Phologrammetric methods from aerial 10,006foot ends based on North Caroline coordinate system. entl Virgin. coordinate system. south zone 1000-meter Universal Transverse Mercator grid ticks. zone 17, shown in blue Fine red dashed lines indicate selected fence and field lines where 000 toum of nilSOD 1 1/ ? 1. 1 _,_RivVa. / / P ,I 2'- 'YI� ,. `rin /' _, ... lid -`. 20 SCALE L:24000 MOUTH OF WILSON QUADRANGLE NORTH CAROLINA—VIRGINIA y 7.5 MINUTE SERIES (TOPOGRAPHIC) pE a seta Iaourn pa WILSON is ounoasxcce Pa e 36 3730 65.3 —91,4S6501,1 CO 614.E611466 CO 7 /— C1 1 ft\ney eek a4 . CONTOUR0 FEET UM,s � MEAN se.NTERVAL LEVEL A FOLDER DESCRIBING i0poGRAPHIC MAPS AND SYmBOLS IS AVAILABLE ON REQUEST _2kakeY ScaN Historical Pilo Topographic Oivial05 i r,. ps..=!a 151pF1G�dj !TOPOGRAFNIC D� f11-?) Idea6.406 Medium.4 ROAD CLASSIFICATION Lg.h Unimproved dirt Q U.S. Route O State Poch MOUTH OF WILSON, N. C.-4 SE/4 NaSap We1tei>5 p 1966 1040000 FEET SEL ' 1966 SUMMARY TABLE ACTIVITY REACH Reach Length 191 Feet No. Instream Structures 1 Length (in ft) Impacted by Instream Structures 10 Length (in ft) of Streamhank Sloping 191 Length (in ft) of Live Stake Planting 191 Riparian Buffer Planting (Acres) 0.09 Area Disturbed During Construction (Acres) 0.09 60 0 NOBLE BISHOP HOLDINGS, INC. LOTS 4 & 5 RIVER MOUNTAIN ESTATES SECTION A DEED BOOK 412, PAGE 449 PLAT BOOK 6 PAGE 17 Rock Vane @ 0+50 60 120 10 SITE PLAN ecesge P.o ec PINEY CREEK TOWNSHIP, ALLEGHANY COUNTY, NORTH CAROLINA GRAPHIC SCALE FEET DATE: March 3rd 2021 JOB No. Levesque Foggy Mountain Nursery 2251 ED LITTLE ROAD CRESTON NC 28615 Tel: (336) 384-5323 FIGURE 5. Typical bank reshaping and revegetation plan. Cross-section view before work (existing condition) ti Cross-section view after work Pasture grasses, little valve for bank stabilization or stream shading. Vertical bank showing area to be reshaped. Rooted trees, 2' to 6' tall. Herbaceous vegetation. Live stakes 18" to 24" in length. Erosion control blanket 4 - 8 ft wide, anchored with wooden stakes/live stakes. Water level 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 CROSS-SECTION VIEW Bankfull elevation 2 Station 0+00 — 1+00 Station 1+00-0+00 Station 1+00 —1+91