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HomeMy WebLinkAbout20211672 Ver 1_ePCN Application_20211113fr.,f DW R mrlsloa of ware. Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver 4.1 Initial Review Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. BIMS # Assigned* Version#* 20211672 1 Is a payment required for this project? No payment required What amout is owed?* Fee received $240.00 Fee needed - send electronic notification $570.00 Reviewing Office* Select Project Reviewer* Asheville Regional Office - (828) 296-4500 Kaylie Yankura:eads\kyankura Information for Initial Review 1a. Name of project: Butterfly Creek Stabilization la. Who is the Primary Contact?* Neil Buck 1 b. Primary Contact Email: * 1c. Primary Contact Phone:* vailco@aol.com (321)412-1833 Date Submitted 11/13/2021 Nearest Body of Water White Oak Creek Basin Broad Water Classification C Site Coordinates Latitude: Longitude: 35.26140-82.15425 A. Processing Information u County (or Counties) where the project is located: Polk Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No Pre -Filing Meeting Information Is this a courtesy copy notification?* Yes No ID# 030501050202 Pre -fling Meeting or Request Date Attach documentation of Pre -Filing Meeting Request here: Click the upload button or drag and drop files here to attach document DWR Pre -Filing Meeting Request Form.pdf File type must be PDF 1a. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit 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: Version 1f. Is this an after -the -fact permit application?" Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 If. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information 1d. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?" Yes No 2. Owner Information 2a. Name(s) on recorded deed: Butterfly Creek Corporation 2b. Deed book and page no.: Card file D, at page 1084 in the registrar of Deeds for Polk County, NC 2c. Contact Person: Neil Buck 49.76KB 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d.Address Street Address 780 Smith Dairy Road Address Line 2 City State / Province / Region Columbus NO Postal / Zip Code Country 28722 US 2e. Telephone Number: 2f. Fax Number: (321)412-1833 (321)205-0903 2g. Email Address:* vailco@aol.com C. Project Information and Prior Project History 1. Project Information 1 b. Subdivision name: (if appropriate) Shirley Woodbridge Subdivision 1c. Nearest municipality / town: 2. Project Identification 2a. Property Identification Number: 2b. Property size: 9201031080 2.95 acres for whole home lot 2c. Project Address Street Address 780 Smith Dairy Road Address Line 2 City State / Province / Region Columbus Nc Postal / Zip Code Country 28722 US 3. Surface Waters 3a. Name of the nearest body of water to proposed project: White Oak Creek 3b. Water Resources Classification of nearest receiving water:* C 3c. What river basin(s) is your project located in?* Broad 3d. Please provide the 12-digit HUC in which the project is located. 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: * Our home is located very close to a creek that, when we get significant rain, the stream rises and sometimes flows over the bank. In 2019 it rose and flooded our home. (At the time, the home was owned by the previous owner). We own the property to the middle of the creek. We stabilized the bank, on our side of the creek to avoid further erosion and protect our home and property. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: unknown 4g. List the total estimated linear feet of all existing streams on the property: 300feet 4h. Explain the purpose of the proposed project: See 4a. We wish to support the side of the creekbank that we own with boulders to avoid any further erosion of our property into the creek and support the bank so as to minimize flooding onto our property and into our home. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Riprap was applied to stop the severe erosion of the bank to help with the flooding of the property. The work was professionally done. Black erosion fabric that lets water in and out, but stops sediment from moving was applied to our side of the bank. A small mini excavator was used to place the riprap in place. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made? Preliminary Approved Not Verified Unknown 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?* 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? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters 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 Jurisdiction* 3g. S. width* 3h. Impact length* g1 stream stabilization Permanent Bank Stabilization :]ffeOak Creek Perennial Both Average (feet) 200 pinear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 200 0 3i. Total stream and ditch impacts: 200 3j. Comments: 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: We limited the work to the bank necessary for stabilization 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: N/A 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: Bank stabilization 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 No If no, explain why: Bank Stabilizatioin 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes 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 2b Provide an explanation of the violation(s): Unauthorized stream stabilization 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality? Yes No 3b. If you answered "no," provide a short narrative description. Bank stabilization completed 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No 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 No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5d. Is another Federal agency involved?* Yes No Unknown 5e. Is this a DOT project located within Division's 1-8? Yes No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No u 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 No 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.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? N/A 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? N/A 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 No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* N/A 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplairl Yes No 8c. What source(s) did you use to make the floodplain determination? Floodplan guide -- Miscellaneous u 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 File must be PDF or KMZ 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: Neil Buck Signature K�ffl�-A Date 11/13/2021