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