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HomeMy WebLinkAbout20220312 Ver 1_ePCN Application_20220224fr.,f DW R
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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*
20220312
Is a payment required for this project?
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Asheville Regional Office - (828) 296-4500
Information for Initial Review
1a. Name of project:
Shelley Brown Streambank Stabilization
la. Who is the Primary Contact?*
SHELLEY M BROWN
1 b. Primary Contact Email:
shelleymbrown2@gmail.com
Date Submitted
2/24/2022
Nearest Body of Water
Cane Creek
Basin
French Broad
Water Classification
C on 303d list
Site Coordinates
Latitude:
Longitude:
35.454397
-82.468951
A. Processing Information
County (or Counties) where the project is located:
Buncombe
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
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Moore:eads\awmoore3
1c. Primary Contact Phone:*
(828)230-4203
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: 13 - Bank Stabilization
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:
PEW SHELLEY C/O SHELLEY M BROWN
2b. Deed book and page no.:
2585-0847
2c. Contact Person:
2d.Address
Street Address
180 CROSS CREEK FARM RD
Address Line 2
City
Fletcher
Postal / Zip Code
28732
2e. Telephone Number:
(828)230-4203
2g. Email Address:
shelleymbrown2@gmaii.com
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
2f. Fax Number:
Yes No
Yes No
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4. Agent/Consultant (if applicable)
4a. Name:
Anthony Dowdle
4b. Business Name:
Buncombe County Soil and Water Conservation District
4c.Address
Street Address
49 Mount Carmel Road
Address Line 2
City
Asheville
Postal / Zip Code
28806
4d. Telephone Number:
(828)250-4788
4f. Email Address:"
anthony.dowdle@buncombecounty.org
C. Project Information and Prior Project History
1. Project Information
1 b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Fletcher
2. Project Identification
2a. Property Identification Number:
966378806300000
2c. Project Address
Street Address
196 CROSS CREEK FARM RD
Address Line 2
City
Fletcher
Postal / Zip Code
28732
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Cane Creek
3b. Water Resources Classification of nearest receiving water:*
C on 303d list
3c. What river basin(s) is your project located in?*
French Broad
3d. Please provide the 12-digit HUC in which the project is located.
060101050703
4. Project Description and History
State / Province / Region
NC
Country
USA
4e. Fax Number
2b. Property size:
82.16 acres
State / Province / Region
NC
Country
USA
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: *
Cane Creek runs along the northern border of the property, a tree collapsed into the stream causing a bank failure, the bank has continued to erode dropping sediment into the stream at
every rain event. The adjacent land is used as pasture, with homes and buildings on terrace above Flood zone.
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:
Less than 2
4g. List the total estimated linear feet of all existing streams on the property:
7,400 feet
u
4h. Explain the purpose of the proposed project:"
Stabilize the streambank, return proper channel dimensions to pre -event conditions, and reduce erosion to improve water quality in Cane Creek.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:"
Using a large excavator remove woody debris from the channel. Then establish the toe of the slope back at the pre -event location for a distance of approximately 100 linear feet using
approximately 200 tons of class 2 rip -rap stone. Then place geolifts and soil material above normal high water level in order to establish vegetation and provide long term stability of the
streambank.
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
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*
S1
Bank Stabilization
Permanent
Bank Stabilization IF,
ek
ffial
Corps
50
Average(feet)
100
Qinear feet)
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 31. Total temporary stream impacts:
100 0
31. Total stream and ditch impacts:
100
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:
Keeping the size and scope of the project as small as possible, and yet accomplish the goal of a stable streambank condition.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Work will be done from the bank, clean stone will be used to reduce turbidity in the waters. Some impacts are necessary but will be terminated as quickly
as possible.
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:
No loss of streambed will occur. This project consists of restoring and stabilizing the streambank and establishing a riparian buffer with native vegetation.
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?
Yes No
If no, explain why:
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
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: *
Project is using NC AG Cost Share funds through the Buncombe Soil and Water Conservation District. Work done according to NRCS standards, a CR
review and NC CPA-52 documentation are part of our process.
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.
There are no additional impervious surface associated with the project and no new infrastructure. Riparian zone will be reestablished.
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
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
5i. 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?
NRCS APE tool
https:Hnrrs.maps.arcgis.com/apps/webappviewer/index.html?id=bd6dae5aac0449aab4bl b9727943927b
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?
NRCS APE tool
https://nres.maps.arcgis.com/apps/webappviewer/index.html?id=bd6dae5aac0449aab4bl b9727943927b
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?*
NRCS CR specialist and
NRCS APE tool
https:Hnres.maps.arcgis.com/apps/webappviewer/index.html?id=bd6dae5aac0449aab4bl b9727943927b
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:
Permitted through Buncombe County FEMA Flood Admin, pre -event conditions, no impact.
8c. What source(s) did you use to make the floodplain determination?*
Buncombe County GIS Website, Flood Maps, and
NRCS APE tool
https://nres.maps.arcgis.com/apps/webappviewer/index.html?id=bd6dae5aac0449aab4bl b9727943927b
Permitted through Buncombe County FEMA Flood Admin, pre -event conditions, no impact.
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.
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Full Name:
Shelley M. Brown
Signature
Date
2/24/2022