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HomeMy WebLinkAbout20211480 Ver 1_ePCN Application_20211011DWR 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?* r Yes r No Is this project a public transportation project?* r Yes r No Change only if needed. BIMS # Assigned 20211480 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office* Winston-Salem Regional Office - (336) 776- 9800 Information for Initial Review 1a. Name of project: Buffalo Creek Dairy - EWP Streambank Stabilization 1a. Who is the Primary Contact?* Zan Price 1b. Primary Contact Email:* zan@jenningsenv.00m Date Submitted 10/11 /2021 Nearest Body of Water Buffalo Creek Basin Roanoke Water Classification C Site Coordinates Version#* 1 What amout is owed?* r $240.00 IT $570.00 Select Project Reviewer* Sue Homewood:eads\slhomewood 1c. Primary Contact Phone:* (828)712-9194 Latitude: Longitude: 36.255281-80.237820 A. Processing Information u County (or Counties) where the project is located: Forsyth Is this a NCDMS Project r Yes IT No Is this project a public transportation project?* r Yes r No Pre -Filing Meeting Information Is this a courtesy copy notification?* r Yes r No ID# Version Pre -fling Meeting or Request Date 9/9/2021 Attach documentation of Pre -Filing Meeting Request here: Gick the upload button or drag and drop files here to attach document DWR Pre -Filing Meeting Request Form (1).pdf File type rrust be FCF 1a. Type(s) of approval sought from the Corps: W 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: 13 - Bank Stabilization NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual 401 Water Quality Certification le. Is this notification solelyfor the record because written approval is not required? For the record onlyfor DWR 401 Certification: For the record onlyfor Corps Permit: 49.33KB r 401 Water Quality Certification - Express 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 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? C Yes C No B. Applicant Information 1d. Who is applying for the permit? W 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: Blakley, Johnny Howard;Blakley, Robin D 2b. Deed book and page no.: 001753/01300 2c. Contact Person: r Yes r No r Yes r No 2d.Address Street Address 3241 Buffalo Creek Farm RD Address Line 2 City Germanton Postal / Zip Code 27019 2e. Telephone Number: (336)969-5698 2g. Email Address:* robin@buffalocreekfarmnc.com 4. Agent/Consultant (if applicable) 4a. Name: Zan Price 4b. Business Name: Jennings Environmental 4c.Address Street Address 56 Central Ave Address tine 2 Suite 102 city Asheville Postal / Zip Code 28801 4d. Telephone Number: (828)712-9194 4f. Email Address:* zan@jenningsenv.com State / Rovinoe / Fagion NC Country USA 2f. Fax Number: State / Rovinoe / Region NC Country USA 4e. Fax Number: C. Project Information and Prior Project History u 1. Project Information 1b. Subdivision name: (t appropriate) 1c. Nearest municipality/ town: Germanton 2. Project Identification 2a. Property Identification Number: 6931-53-8929.000 2c. Project Address Street Address 3241 Buffalo Creek Farm RD Address tine 2 city Germanton Postal / Zip Code 27019 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Buffalo Creek 3b. Water Resources Classification of nearest receiving water:* C 2b. Property size: 33 Slate / Rovinoe / Regim NC Country USA 3c. What river basin(s) is your project located in?* Roanoke 3d. Please provide the 12-digit HUC in which the project is located. 030101030202 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 current land use in the vicinity of the project is primarily agricultural, forest, and rural residential. 6dsting stream conditions at the proposed project site are steep and eroding streambanks. Additionally, there are some large woody debris blockages in the channel. Hurricanes Florence and Michael resulted in significant bank erosion. This site qualified for emergency bank repair funding under the Emergency Watershed Protection (EWP) program with the NRCS. The drainage area at the project site is approximately 13.8 square miles. See attached existing condition photographs uploaded as supplemental information 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 4f. List the total estimated acreage of all existing wetlands on the property: NA 4g. List the total estimated linear feet of all existing streams on the property: 1200 4h. Explain the purpose of the proposed project:* The proposed bank stabilization project is located on Buffalo Creek in Forsyth County, NC. The project will stabilize and re -vegetate a total of approximately 325 LF of the left streambank in three locations. Ongoing bank erosion is causing land loss and sediment is being exported to downstream surface waters and degrading water quality and aquatic habitats. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The objectives of the project are to grade the left bank in three locations and stabilize it with boulder toe revetments, soil geo lifts, and native riparian vegetation to prevent additional soil loss. Biodegradable erosion control coir matting will be installed on all graded slopes. A permanent native woody buffer will be planted in the riparian area to promote long-term stability and water quality benefits. Additionally, some areas of woody debris channel blockages will be removed to prevent flood waters from eroding the adjacent streambanks. Work will be completed using tracked excavators and dump trucks by a qualified stream restoration contractor. Equipment will be well maintained, cleaned prior to mobilization, and checked daily for leaks of petroleum products. Fueling operations shall be performed in an area away from all surface waters. See attached plan sheets for additional information and details. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No 6 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): Agency/Consultant Company: Other: 6. Future Project Plans 6a. Is this a phased project?* r^ Yes r 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? no D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): r Wetlands W Streams -tributaries ❑ Buffers r 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 F (?) 11.1uriscliction* length* S1 Stabilization Permanent Bank Stabilization Buffalo Creek Perennial Both 30 78 Average (feet) (lir�rfeel) S2 Stabilization Permanent Bank Stabilization Buffalo Creek Perennial Both 30 105 Average (feet) (lir�rfeel) fl Stabilization Permanent Bank Stabilization Buffalo Creek Perennial Both 30 139 Average (feet) (lir�rfeel) 31. Total jurisdictional ditch impact in square feet: 31. Total permanent stream impacts: 322 31. Total stream and ditch impacts: 322 3j. Comments: S1: Station 1+22 to 2+00 S2: Station 3+62 to 4+67 S3: Station 5+84 to 7+23 E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Streambank stabilization is needed to achieve ecological objectives and enhance water quality within the project reach and areas downstream. Impacts will be minimized by maintaining as much as possible the existing stream channel and natural riparian buffer. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction impacts will be minimized by limiting in -channel work to low -flow conditions and working from the streambanks when feasible. Graded streambanks will be stabilized by using grass seed, straw mulch, and biodegradable erosion control ooir matting. Due to the size of the watershed, it is not feasible to pump around the baseflowon this project. Construction crews will divert the majority of baseflowaround the work areas by constructing a temporary gravel/cobble diversion. The stream channel will not be used as a construction access route. See plans for additional details. 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: Bank stabilization project 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? r Yes r No If no, explain why: No NC Riparian Buffer program in this area 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: % new impervious surface will be installed as part of this project G. Supplementary Information u 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 1b. 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 (NEPA/SEPA)?* r Yes r No Comments:* Below project thresholds for requiring an environmental document 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. Stabilization project is not a)pected to result in a change in current land use nor additional development. 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 f• No 5d. Is another Federal agency involved?* r Yes r No What Federal Agency is involved? NRCS 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? https://ecos.fws.gov/ipac/location/index Please submit PCN to USFWS for ESA, Section 7 Concurrence. 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 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?* HPO Web 2.0 Also sent map to SHPO 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: Submitting a floodplain permit to the County 8c. What source(s) did you use to make the floodplain determination?* NC FRIS 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 a drag and drop files here to attach docurrent Blakely Agent Authorization Form.pdf 407.05KB Buff Creek Dairy Existing Condition Photographs.pdf 653.56KB StreamStats Buffalo 13.8 sgmi.pdf 432.1 KB 4331_FORSYTH_CO_EWP_BLAKLEY_PERMIT_DRAWING.pdf 3.28MB Re mul be FOF a IM Comments Agent Authorization Forms Existing Condition Photographs Stream Stats Report Project Plan Sheets Signature * W 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: Zan Price Signature Date 10/11/2021