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:
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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
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NORTH CAROLINA—VIRGINIA y
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seta Iaourn pa WILSON is ounoasxcce Pa
e 36 3730
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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
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!TOPOGRAFNIC D� f11-?)
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ROAD CLASSIFICATION
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Unimproved dirt
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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