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HomeMy WebLinkAbout20220312 Ver 1_ePCN Application_20220224fr.,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) 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 U 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. U Full Name: Shelley M. Brown Signature Date 2/24/2022