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HomeMy WebLinkAbout20220105 Ver 1_ePCN Application_20220119DW R mrlsloa of ware. Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) December 6, 2021 Ver 4.2 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* 20220105 Is a payment required for this project? No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Chad Turlington:eads\ccturlington Information for Initial Review 1a. Name of project: COURTESY COPY Gum Swamp Dam Repair 1a. Who is the Primary Contact?* Jennifer Burdette 1 b. Primary Contact Email: burdette@nrconsultne.com Date Submitted 1/19/2022 Nearest Body of Water Gum Swamp Creek Basin Lumber Water Classification 14-32-(1) Site Coordinates Latitude: 34.910494 A. Processing Information County (or Counties) where the project is located: Richmond Scotland Longitude: -78.561977 Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No 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) Version# * 1 Reviewing Office* Fayetteville Regional Office - (910) 433-3300 1c. Primary Contact Phone:* (919)422-3605 u 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: 03 - Maintenance 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: 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 h. 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: NC Wildlife Resources Commission 2b. Deed book and page no.: Book 303 pg. 505 2c. Contact Person: Brad Kleinmaier 2d.Address Street Address 1720 Mail Service Center Address Line 2 City Raleigh Postal / Zip Code 27699 2e. Telephone Number: (919)707-0155 2g. Email Address:" brad.kleinmaier@ncwildlife.org 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region North Carolina Country USA 2f. Fax Number: Yes No Yes No 4. Agent/Consultant (if applicable) 4a. Name: Jennifer Burdette 4b. Business Name: Natural Resource Consultants 4c.Address Street Address 10212 Creedmoor Road Address Line 2 City Raleigh Postal / Zip Code 27615 4d. Telephone Number: (919)422-3605 4f. Email Address:* burdefte@nrconsultne.com C. Project Information and Prior Project History 1. Project Information State / Province / Region North Carolina Country USA 4e. Fax Number 1 b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Hamlet 2. Project Identification 2a. Property Identification Number: 2b. Property size: 842200520065 1.6 2c. Project Address Street Address Gum Swamp Road Address Line 2 City State / Province / Region Hamlet NC Postal / Zip Code Country US 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Gum Swamp Creek 3b. Water Resources Classification of nearest receiving water:* 14-32-(1) 3c. What river basin(s) is your project located in?* Lumber 3d. Please provide the 12-digit HUC in which the project is located. 030402040101 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 project area is within the Sandhills Game Land. The site consists of Gum Swamp Dam, which is comprised of unvegetated, sandy areas and forest. Gum Swamp Dam was breached during Hurricane Florence in 2018. Prior to the hurricane, the dam created a lake situated on the north side of Gum Swamp Road. Since the breach, the water level has reduced back to lower conditions with Gum Swamp Creek flowing through the channel at the bottom of the former lake. Figure 1 depicts the location of the project area on the US Geological Survey (USGS) Marston, NC 7.5-minute quadrangle topographic maps. Figure 2A shows the location of the project area on the NRCS Web Soil Survey Map. Figure 3 depicts the project area on an aerial photograph of the area. Land use in the vicinity of the project consists of forest land. 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: 0.078 4g. List the total estimated linear feet of all existing streams on the property: 248 4h. Explain the purpose of the proposed project:" The purpose of the project is to repair Gum Swamp Lake dam. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The project involves reconstruction of the dam to repair the breach. The existing outlet structure will be re -used. Approximately 120 feet of dam embankment will be removed and replaced with new fill. The stream that has formed through the breach and small corner of a wetland will be filled. Heavy equipment including excavators, dump trucks, dozers and backhoes will be used to construct the project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: A delineation of the project area was completed on February 24, 2021. Ajurisdictional determination, PJD and data forms and a floodplain map are attached to support the delineation. 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): Alec Pierzga Agency/Consultant Company: Natural Resource Consultants (formerly McAdams) Other: 6. Future Project Plans Unknown 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 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name* 2e. Forested* 2f. Type of Jurisdicition* ?> 2g.impact area * ff��71 Fill P Non -Tidal Freshwater Marsh A No Both 0.001 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.001 21. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.001 11 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* S7 Dam Repair ::IffA Dam construction A Perennial Both h;;;J�:] 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 81 31. Total stream and ditch impacts: 81 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 31. Total temporary stream impacts: 0 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The project was designed to rebuild the dam in its original footprint to minimize the impact to waters of the US. Wetland areas formed in the former lake bottom will be re -flooded upon reconstruction of the dam. Acquisition of funds to accomplish the repair delayed reconstruction of the dam that was breached rainfall from Hurricane Florence in 2018. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: A coffer dam and pipe with a plug valve assembly will be used to create a dry work space for reconstruction of the dam as shown on sheet SW-3 of the attached construction drawings. The project will comply with an Erosion Control Plan reviewed and approved by DEMLR and the supplementary NPDES Construction Stormwater Permit (NCG010000). 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: Proposed stream and wetland impacts are below the 150 If and 0.10 ac thresholds for mitigation and involve re -construction of upland washed out during Hurricane Florence. 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: The project area is not within a watershed that requires riparian buffers. 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 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre Comments: The project does not involve the addition of impervious areas. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federallstatellocal) funds or the use of public (federal/state) land? Yes No 1 b. 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)?* Yes • No Comments:* The project is estimated to cost $1 million in funds provided by the state of North Carolina and does not exceed the minimum threshold criteria of $10 million for requiring an environmental assessment. 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 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. Construction of this project is to repair a previously serviceable dam and it not expected to result in additional development. 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 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* Yes No 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 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 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.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? McAdams submitted a protected species assessment to USFWS on March 10, 2021. Attached comments from USFWS were received on March 24th. The attached self -certify letter and species conclusion table were revised based on the comments received. 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? Essential Fish Habitat Mapper (https://www.habitat.noaa.gov/apps/efhmapper/) was accessed on January 4, 2022. 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?* Because the project consists of repairing an existing dam, it is not expected to impact historic or archeological resources. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8b. If yes, explain how project meets FEMA requirements: The project achieves a No -Rise within the floodplain and floodway such that maps don't change and insurance rates are not negatively impacted. 8c. What source(s) did you use to make the floodplain determination?* FIRM Map Number 3710842200L effective 10/16/2007 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 Gum Swamp PCN Ltr+Att.pdf 24.98MB 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: Jennifer Burdette Signature C`~"*b 011t� Date 1/19/2022