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HomeMy WebLinkAbout20210672 Ver 1_ePCN Application_20210615 DWR Division of Water Resources Pre-Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1,2021 Ver4.1 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?* R Yes r No Change only if needed. BIMS#Assigned* Version#* 20210672 1 Is a payment required for this project?* ✓ No payment required (7 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 la.Name of project: Shoals Falls Road Widening and Paving 1a.Who is the Primary Contact?* Kevin Barnett 1b.Primary Contact Email:* 1c.Primary Contact Phone:* khbarnett@ncdot.gov (828)333-1188 Date Submitted 6/15/2021 Nearest Body of Water Crab Creek Basin French Broad Water Classification C;Tr;HOW Site Coordinates Latitude: Longitude: 35.236029 -82.597293 A. Processing Information L) County(or Counties)where the project is located: Henderson Is this a NCDMS Project ✓ Yes P No Is this project a public transportation project?* ( Yes r No Is this a NCDOT Project?* ( Yes r No (NCDOT only)T.I.P.or state project number: WBS#(7) 14C.045166 Pre-Filing Meeting Information Is this a courtesy copy notification?* ✓ Yes G No ID# Version 20210672 1 Pre-fling Meeting or Request Date 5/30/2021 Attach documentation of Pre-Filing Meeting Request here: Click the upload button or drag and drop files here to attach document ShoalsFalls.PreApplicationReview.pdf 369.31KB Pie type oust be FCF 1a.Type(s)of approval sought from the Corps: I7 Section 404 Permit(wetlands,streams and waters,Clean Water Act) n Section 10 Permit(navigable waters,tidal waters,Rivers and Harbors Act) Has this PCN previously been submitted?* ✓ Yes ✓ No lb.What type(s)of permit(s)do you wish to seek authorization? fJ Nationwide Permit(NWP) n Regional General Permit(RGP) n Standard(IP) 1c.Has the NWP or GP number been verified by the Corps? ✓ Yes 6 No 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 n 401 Water Quality Certification-Express n Non-404 Jurisdictional General Permit n Riparian Buffer Authorization n 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: /7 Yes r No For the record only for Corps Permit: r Yes 6 No If.Is this an after-the-fact permit application?* ✓ Yes f No 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? ✓ Yes 6' No 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? ✓ Yes rNo lh.Is the project located in any of NC's twenty coastal counties? ✓ Yes G No 1j.Is the project located in a designated trout watershed? G Yes r No B. Applicant Information 1d.Who is applying for the permit? n Owner 17 Applicant(other than owner) le.Is there an Agent/Consultant for this project?* ✓ Yes f No 2.Owner Information 2a.Name(s)on recorded deed: NC Department of Transportation 2b.Deed book and page no.: 2c.Contact Person: 2d.Address Street Address 253 Webster Rd Address Line 2 Cty State/Province/Region Sylva NC Postal/Zip Cork Country 28778 US 2e.Telephone Number: 2f.Fax Number: (828)333-1188 2g.Email Address:* khbarnett@ncdot.gov 3.Applicant Information(if different from owner) 3a.Name: NC Department of Transportation 3b.Business Name: 3c.Address Street Address 253 Webster Rd. Address Line 2 Oty State/Province/Region Sylva NC Postal/Zip(ode Country 28778 US 3d.Telephone Number: 3e.Fax Number: (828)333-1188 3f.Email Address:* khbarnett@ncdot.gov C. Project Information and Prior Project History 1. Project Information lb.Subdivision name: (d apprcpriate) 1c.Nearest municipality/town: Pisgah Forest 2. Project Identification 2a.Property Identification Number: 2b.Property size: 2c.Project Address Street Address Shoal Falls Rd Address Line 2 City State/Province/Region Pisgah Forest NC Postal/Zip Oode Country 28739 US 3.Surface Waters 3a.Name of the nearest body of water to proposed project:* Crab Creek 3b.Water Resources Classification of nearest receiving water:* C;Tr;HQW 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. 0601010502 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:* This is a rural road widening and paving for a commercial development activity. 4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?* r Yes r No 6 Unknown 4f.List the total estimated acreage of all existing wetlands on the property: 0.02 4g.List the total estimated linear feet of all existing streams on the property: 120 4h.Explain the purpose of the proposed project:* Road Widening and Paving for commercial access. 4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:* SR 1130,Shoals Falls Road Grade,drain,base,pave,and erosion control-Begin at SR 1127 and continue in a southernly direction for a total distance of approximately 1,335 feet to the end of project. 5.Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* 6 Yes r No r Unknown Comments: 5b.If the Corps made a jurisdictional determination,what type of determination was made?* r Preliminary r Approved 6 Not Verified r Unknown r N/A Corps AID Number: 5c.If 5a is yes,who delineated the jurisdictional areas? Name(if known): Kevin Barnett Agency/Consultant Company: NC DOT Other: 6. Future Project Plans 6a.Is this a phased project?* C Yes ( 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? None D. Proposed Impacts Inventory 1. Impacts Summary 1a.Where are the impacts associated with your project?(check all that apply): 17 Wetlands r"Streams-tributaries r' Buffers r Open Waters r Pond Construction 2.Wetland Impacts 2a.Site#*(?) 2a1 Reason(?) 2b.Impact type*(?) 2c.Type of W.* 2d.W.name* 2e.Forested* 2f.Type of 2g.Impact Jurisdicition*(?) area* 1 within footprint of road P Seep none No Both 0.020 (acres) 2g.Total Temporary Wetland Impact 2g.Total Permanent Wetland Impact 0.000 0.020 2g.Total Wetland Impact 0.020 2i.Comments: Degraded,previously underdrained wetland located along Crab Creek in old hay field. E. Impact Justification and Mitigation 1.Avoidance and Minimization 1a.Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Property owner across road unwilling to cooperate to allow shifting of road. lb.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: investigated moving road. 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 ( 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? ✓ Yes a No If no,explain why: not in required buffer area 2.Stormwater Management Plan 2a.Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* ✓ Yes r No Comments: All stormwater discharge will be diffuse flow across grassed ag land. G. Supplementary Information 1. Environmental Documentation 1a.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(NEPAISEPA)?* a Yes r No 1c.If you answered"yes"to the above,has the document review been finalized by the State Clearing House?* ✓ Yes a No Comments:* under financial threshold 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 6 No 3. Cumulative Impacts(DWR Requirement) 3a.Will this project result in additional development,which could impact nearby downstream water quality?* ✓ Yes a No 3b.If you answered"no,"provide a short narrative description. project already in use as bicycle park. 4.Sewage Disposal(DWR Requirement) 4a.Is sewage disposal required by DWR for this project?* ✓ Yes r No 6 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 GNo 5b.Have you checked with the USFWS concerning Endangered Species Act impacts?* ✓ Yes r No 5c.If yes,indicate the USFWS Field Office you have contacted. Asheville 5d.Is another Federal agency involved?* ✓ Yes r No r Unknown 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.? ✓ 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 r 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 G No 5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? GIS data 6. Essential Fish Habitat(Corps Requirement) 6a.Will this project occur in or near an area designated as an Essential Fish Habitat?* ✓ Yes ( No 6b.What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA website 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 f No 7b.What data sources did you use to determine whether your site would impact historic or archeological resources?* GIS Data 8. Flood Zone Designation(Corps Requirement) 8a.Will this project occur in a FEMA-designated 100-yearfloodplain?* ✓ Yes RNo 8c.What source(s)did you use to make the floodplain determination?* Henderson County GIS data. Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review.Documents should be combined into one file when possible,with a Cover Letter,Table of Contents,and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document 14C.045166 Shoal Falls_MCDC.pdf 9.09MB 14C.045166 Shoal Falls_NRR.pdf 5.1MB 18-08-0016NoSurveyReq.pdf 2.97MB 20181011_08165808695_17_Hydric_Rating_by_Map_Unit.pdf 387.16KB No Archaeological Survey Required PA 18-08-0016.pdf 728.53KB project_report_shoal_falls_road_13663_13663.pdf 3.16MB Shoal Falls Plans.pdf 753.14KB Shoal Falls Road_topo.pdf 2.64MB Shoal Falls Road.pdf 200.75KB wetland SHoal Falls Road.pdf 1000.35KB 14C.045166.Consult.2021.pdf 139.32KB 14C.088085.TroutNotificationForm.pdf 250.83KB Map.Wetlandarea.pdf 2.38MB PreFilingMeeting.pdf 64.34KB REEBRanch.ShoalsFallsRd.PigahForest.NC.pdf 10.1MB SoilSurvey.shoalFarms.pdf 1.19MB USGSTopo.ShoalFarms.pdf 512.96KB Rle must be Ft7F or KW Comments Signature ®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: Kevin H Barnett Signature Vie!8-g Err Date 6/15/2021