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HomeMy WebLinkAbout20140192 Ver 1_401 Application_20140214gMcGiR __ A S S O C I A T E S February 25, 2014 Ms. Karen Higgins, Supervisor NC DWQ, 401/ Wetlands Unit 1650 Mail Service Center Raleigh, North Carolina 27699 -1650 Dear Ms. Higgins: 20 140 192 + V\Q-pS RE: Big Hungry Dam Lower Dam Remo Henderson County, North Carolina On behalf of the North Carolina Wildlife Resources Commission, I am enclosing the following items for review and approval for the subject project. ➢ Five (5) Copies of the PCN ➢ Two (2) (24" x 36 ") Copies of the Project Plans ➢ Three (3) (11 "x 17') Copies of the Project Plans ➢ Five (5) Copies of USGS Map ➢ Check Number 058177 in the amount of $240.00 The site is in Henderson County on the Big Hungry River, and is being submitted on behalf of the North Carolina Wildlife Resources Commission who is responsible for the dam's maintenance and liability. There are two dams on this river whose removal is being planned; please note that this submittal is for the Lower dam (designated with an "A" in the State Construction File number). A second submittal for the Upper dam (designated with a `B ") will be-submitted in the near future. If you have any comments or questions regarding this submission, call me at (828) 252 -0575. Sincerely, McGILL ASSOCIATES, P GR HOFFMAN, PE, CI Project Engineer II GRH cc: Mr. Preston Royster, Facility Construction Engineer, NCWRC File PA2011 \11.00164\Lctters\NCDWQ Transmittal Leder_251`614 doc E n g i n e e r i n g a P l a n n i n g . F i n a n c e McGill Associates, P A • P.O. Box 2259, Asheville, NC 28802 • 55 Broad Street, Asheville, NC 28801 828 -252 -0575 • Fax: 828 -252 -2518 0IIdi WALe90 .o Y 20 140 19 2 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre - Construction Notification C Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit [I Section 10 Permit .0 1b. Specify Nationwide Permit (NWP) number: 27, 33 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? 71-9yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification – Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification – Express ❑ Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ❑ Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? []Yes ® No 2. Project Information 2a. Name of project: ;Big Hungry River Lower Dam Demolition 2b. County: Hehderson 2c. Nearest municipality / town: Hendersonville 2d. Subdivision name: `NA 2e. NCDOT only, T.I.P. or state project no: NA, I p I 1L55 L3 U �J 3. Owner Information 3a. Name(s) on Recorded Deed: State of North Carolina FES 2 77977 3b. Deed Book and Page No. 860/539 3c. Responsible Party (for LLC if applicable): - W a 3 r Branch NCWRC - Preston Royster 3d. Street address: Anil NC_HWY -56 West, tr Nal#reJina 25?3 -3f. Telephone no.: '919407 -037fi 3g. Fax no.: I X919 -52 &2524 3h. Email address: prestofi.roy ter. ncwildiife.. Page 1 of 10 PCN Form – Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 10 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): :8597652021, 1b. Site coordinates (in decimal degrees): Latitude:`35.292846 Longitude: - X82.355986 (DD.DDDDDD) (- DD.DDDDDD) 1c. Property size: 425.79 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: #g Hungry River 2b. Water Quality Classification of nearest receiving water: C;Tr 2c. River basin: Broad River 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: ,thick woodland on stream banks and mountainside; existing'use'- gamelands 3b. List the total estimated acreage of all existing wetlands on the property: Unknown 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Exceeds 10,000 feet 3d. Explain the purpose of the proposed project: removal of existing concrete dam 3e. Describe the overall project in detail, including the type of equipment to be used: Install erosion control, demolish dam using backhoe with pneumatic ram; load dumptrucks by using front end loader, place concrete rubble on access road; chip trees and vegetation with grinder; blow chippings onto mountainside. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: ❑ Yes ® No ❑ Unknown 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency /Consultant Company: Other. 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. -S.--Project History 5a. Have permits or certifications been requested or obtained for this project (including all priorphases) in the past? El Yes ❑ No ® Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 3 of 10 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. '70 1 2h. I 2c. 2d. 2e. I 2f. Wetland impact number — Permanent (P) or Type of impact Type of jurisdiction Type of wetland Forested (Corps - 404,10 (if known) DWQ — non -404, other) Area of impact (acres) W1 ®P ❑ T Access Road Forested seep ® Yes [I No ® Corps ❑ DWQ '0.05 2g. Total wetland impacts 0 0.05 2h. Comments: E] Yes ❑ Corps question for all stream sites impacted. W2 ❑ P ❑ T Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404,10 stream l ❑ No ❑ DWQ Access Road U UT1 to Big Hungry ® ® PER ® ® Corps 2 E] Yes ❑ Corps W3 [I P ❑ T ❑ No [I DWQ E] Yes El Corps W4 P ❑ T ❑ ❑ No ❑ DWQ El Yes Yes ❑ W5 P T ❑ ❑ ❑ No ❑ DWQ ❑ Yes ❑ Corps W6 ❑P ❑T I I I I I I El NO ❑ ❑DWQ 2g. Total wetland impacts 0 0.05 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f• 3g Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404,10 stream l Temporary (T) (INT)? other) (feet) feet) S1 ®P ❑ T A Access Road U UT1 to Big Hungry ® ® PER ® ® Corps 2 2 1 15 [I PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T [I PER ❑ Corps ❑ INT ❑ DWQ ❑ PER ❑ Corps S5 ❑ P ❑ T ❑ INT ❑ DWQ S6 ❑ P [IT ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 15 5. Comments: Page 4 of 10 PCN Form — Version 1.3 December 10, 2008 Version S5 ❑ P ❑ T ❑ INT ❑ DWQ S6 ❑ P [IT ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 15 5. Comments: Page 4 of 10 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary 01 ❑ P [IT 02 ❑P ❑T tiNA' 03 ❑ P ❑ T ANA 04 ❑P ❑T ANA 4f. Total open water impacts 4g. Comments: 6. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 iNA' P2 'NA 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWO) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑Other: ❑ Catawba ❑ Randleman 6b. Buffer impact number - 6c. Reason 6d. 6e. Buffer 6f. Zone 1 impact 6g. Zone 2 impact Permanent or o e (squareAeO- Temporary M impact B1 ❑ P ❑ T NA ❑ Yes -© No B2 ❑ P ❑ T NA ❑ Yes ❑ No B3 ❑ P ❑ T NA ❑ Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 5 of 10 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. :The existing roadbed will be used to provide access to the work area and minimal improvement will be made to it; the only ;work impacting the stream will be the removal of woody debris, refuse and the dam itself. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Attie stream flow will be temporarily diverted by a sand bag berm around the work_ area at the dam to provide drier conditions ,for the removal process and,prevent escape.of sediment., 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 yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7of10 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWO) 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? ❑ Yes ® No 1b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0 °A 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: no development is planned 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ Certified Local Government ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Henderson County 3b. Which of the following locally- implemented stormwater management programs apply (check all that apply): ❑ Phase II ❑ NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 4. DWQ Stormwater Program Review 4a. Which of the following state - implemented stormwater management programs apply (check all that apply): ❑ Coastal counties ❑ HQW ❑ ORW ❑ Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been 9 Yes No attached? 5. DWO 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ❑ No use of public (federal/state) land? 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 ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑Yes El No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H.1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. NA Page 9 of 10 PCN Form — Version 1.3 December 10, 2008 Version 6. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No Impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? FWS listing for Henderson County, NC of Endangered and Threatened Species, Federal Species of Concern, and Candidate Species; NHP's Map Viewer; NC NHP Heritage Data Search Listing for USGS Cliffield Mountain quad. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would Impact Essential Fish Habitat? NCWRC Staff 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 ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NC Department of Cultural Resources State Historic Preservation Office; interviewed Henderson County Historic Resources Commission personnel. 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: 8c. What source(s) did you use to make the floodplain determination? FIRM North Carolina Map No. 3700959700J nIG utcDUF� RkSor✓sacks 1 A q1 FW oN ApplicanUAgent's Printed Name Applicant/ ent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant Is provided.) Page 10 of 10 PCN Form — Version 1.3 December 10, 2008 Version 2000 0 1000 2000 4000 GRAPHIC SCALE 1 INCH = 2000 FEET