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HomeMy WebLinkAbout20201968 Ver 1_ePCN Application_20210929DWR Olrlslon 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 r No Is this project a public transportation project?* G Yes 6 No Change only if needed. BIMS # Assigned * Version#* 20201968 1 Is a payment required for this project?* r No payment required What amout is owed?* r Fee received 6 $240.00 6 Fee needed - send electronic notification r $570.00 Reviewing Office * Select Project Reviewer* Asheville Regional Office - (828) 296-4500 Amy Annino:eads\amannino Information for Initial Review 1a. Name of project: Broad River Paddle Accessses: Rutherford County, NC - 221A Site 1a. Who is the Primary Contact?* Josselyn Lucas 1b. Primary Contact Email:* 1c. Primary Contact Phone:* josselyn@bfec.org (423)727-4476 Date Submitted 9/29/2021 Nearest Body of Water Broad River Basin Broad Water Classification WS-IV Site Coordinates Latitude: Longitude: 35.2171160-81.7790650 Pre -Filing Meeting Information ID# Version 20201968 1 Pre -fling Meeting or Request Date* 12/16/2020 Attach documentation of Pre -Filing Meeting Request here:* DWR Pre -Filing Meeting Request Form.pdf 51.77KB A. Processing Information C^U County (or Counties) where the project is located: Rutherford Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No la. Type(s) of approval sought from the Corps: * 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?* r Yes r No 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: 42 - Recreation Facility NWP Numbers (for multiple NWPS): 36 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 Certification: For the record only for Corps Permit: r 401 Water Quality Certification - E)press r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? r Owner W 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: Rutherford County 2b. Deed book and page no.: 2c. Responsible party: Steve Garrison 2d.Address * r Yes r No r Yes r No Street Address 289 N Main Street Address tine 2 city Rutherfordton Postal / Zip Code 28139 2e. Telephone Number: (828)287-6060 2g. Email Address:* steve.garrison@rutherfordcountync.gov 3. Applicant Information (if different from owner) 3a. Name: Tim Johnson 3b. Business Name: Destination by Design 3c.Address Street Address 136 Furman Road Address tine 2 Suite 6 City Boone Postal / Zip Code 28607 3d. Telephone Number: (828)386-1866 3f. Email Address:* tim@dbdplanning.com 4. Agent/Consultant (if applicable) 4a. Name: Adam Williams 4b. Business Name: Brushy Fork Environmental Consulting, Inc. 4c.Address Street Address 10565 Highway 421 South Address tine 2 CRY Trade Postal / Zip Code 37691 4d. Telephone Number: (423)727-4476 4f. Email Address:* adam@bfec.org State / Province / legion North Carolina Country USA 2f. Fax Number: State / Rovince / Region North Carolina Country USA 3e. Fax Number: State / Province / Region Tennessee Country USA 4e. Fax Number: Agent Authorization Letter* AA RUTHERFORD CO.pdf 278.84KB C. Project Information and Prior Project History U 1. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality I town: Forest City, NC 2. Project Identification 2a. Property Identification Number: 1617219 2c. Project Address Street Address 0 US HWY 221A Address Line 2 City Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Broad River 3b. Water Resources Classification of nearest receiving water:* WS-IV 3c. What river basin(s) is your project located in?* Broad 3d. Please provide the 12-digit HUC in which the project is located. 030501050503 4. Project Description and History 2b. Property size: 7.76 State / Rovince / Region Country 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 221A project site is approbmately ±7,76 acres located 14.5 miles southeast of Rutherfordton, NC. Land use around the Subject Property is lightly forested with some industrial development, including a Duke Energy powerplant less than a mile to the east. The Broad River flows south of the project site. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r 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) 221 A Topo. pdf 2.53 MB 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) 221A—Soil Map 4.6.21.pdf 1.74MB 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: 580 4h. Explain the purpose of the proposed project:* The purpose of the project is to provide recreational stream access to the Broad River. The project is designed and lead by Destination of Design of Boone, NC. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The proposed stream access includes the addition of a parking area, trail, and kayak launch (stairs and landing) to the Broad River, with associated grading. Approbmately 13ft of the structure will extend into the Broad River from bankful, and span approbmately 31 linear feet upstream. Any area left exposed after grading will be immediately stabilized and seeded with temporary and permanent grass seed. A variety of heavy equipment will be used during the construction of this project and may include dump trucks, skid steers, track hoes, or other equipment. 4j. Please upload project drawings for the proposed project. 221 A_SitePlans.pdf 6.43MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No r Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Josselyn Lucas and Sarah Kilby Agency/Consultant Company: Other: Brushy Fork Environmental Consulting, Inc. 5d1. Jurisdictional determination upload DbD JD Package.pdf 6. Future Project Plans 6a. Is this a phased project?* r Yes r No 15.5MB 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 1a. Where are the impacts associated with your project? (check all that apply): r- Wetlands W Streams -tributaries r- Buffers F Open Waters r" 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* Recreational Access Permanent Other JBroad River Perennial Both 200 40 fl Average (feet) (linearfeet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 40 0 3i. Total stream and ditch impacts: 40 3j. Comments: ApproAmately 40 linear feet along the Broad River will be impacted by a stream access landing and stairs. E. Impact Justification and Mitigation u 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Multiple designs were drafted in order to reduce impacts to aquatic resources and the final design results in the least amount of impacts. All disturbed areas vdll be stabilized at the close of construction each day in order to prevent sediment run-off. Silt fences will be placed where necessary. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All streambank disturbances will be stabilized same day with matting and seeding to reduce sedimentation during construction. Equipment will work from the stream bank and only in the stream when absolutely necessary. Only well -maintained equipment Will be used, no leaks will be tolerated. All equipment will be in new and/or good condition. Silt fencing will be installed to prevent construction runoff to enter streams. 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 r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: This project does not exceed the thresholds for Compensatory mitigation. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: Project is not within one of the Protected NC Riparian Buffers. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r 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 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r 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)? * r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. No future development is anticipated at this time. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor 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?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* r Yes r No 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut anytrees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?' r Yes r No r Unknown 51. 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.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS IPaC Consultation Documentation Upload 221A_Species List_ Asheville Ecological Services Field Office.pdf 298.6KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA EFH Mapper, Online 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?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC SHPO, GIS 7c. Historic or Prehistoric Information Upload SHPO Map_221A.pdf 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-yearfloodplain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Maps Miscellaneous Comments Miscellaneous attachments not previously requested. F IRMETTE_221 A.pdf Signature * W By checking the box and signing below, I certify that: 3.21 MB 759.07KB U • 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: Josselyn Lucas Signature JPdIlk f Date 9/29/2021