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HomeMy WebLinkAbout20220434 Ver 1_ePCN Application_20220316Pre -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?* 0• Yes O No Is this project a public transportation project?* 0 Yes 0 No Change only if needed. BIMS # Assigned* Version# * 20220434 1 Is a payment required for this project?* O No payment required O Fee received • Fee needed - send electronic notification Reviewing Office* Winston-Salem Regional Office - (336) 776- 9800 Information for Initial Review What amout is owed?* 0 $240.00 O $570.00 Select Project Reviewer* Sue Homewood:eads\slhomewood 1a. Name of project: Scarlett Project la. Who is the Primary Contact?* Glen Sullivan 1b. Primary Contact Email:* lc. Primary Contact Phone:* foggymtn©skybest.com (336)384-5323 Date Submitted 3/16/2022 Nearest Body of Water South Fork New River Basin New Water Classification B;ORW Site Coordinates Latitude: 36.485368 A. Processing Information Longitude: -81.337148 County (or Counties) where the project is located: Ashe Is this a NCDMS Project Yes • No Is this project a public transportation project?* 0Yes (I)No la. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) O Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* 0 Yes O No lb. What type(s) of permit(s) do you wish to seek authorization? CO Nationwide Permit (NWP) CI Regional General Permit (RGP) ❑ Standard (IP) lc. Has the NWP or GP number been verified by the Corps? 0 Yes C; No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): td. Type(s) of approval sought from the DWR: RI 401 Water Quality Certification - Regular C Non-404 Jurisdictional General Permit C Individual 401 Water Quality Certification 13 - Bank Stabilization 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?* 0 Yes O No O 401 Water Quality Certification - Express D Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes ® No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes 0 No 1h. Is the project located in any of NC's twenty coastal counties? O Yes ® No 1j. Is the project located in a designated trout watershed? OYes 0No B. Applicant Information OYes 0No 0 Yes 0 No 1d. Who is applying for the permit? 0 Owner 0 Applicant (other than owner) le. Is there an Agent/Consultant for this project?* OYes 0No 2. Owner Information 2a. Name(s) on recorded deed: Nancy M. Scarlett Trust 2b. Deed book and page no.: 431/1149 2c. Contact Person: Todd Scarlett 2d. Address Street Address 6155 Bluebird Hill Lane Address Line 2 City Matthews Postal / Zip Code 28104 2e. Telephone Number: (704)651-1319 State I Province / Region NC Country US 2f. Fax Number: 2g. Email Address:* ttscarle@mailbox.sc.edu 4. Agent/Consultant (if applicable) 4a. Name: Glen Sullivan 4b. Business Name: Foggy Mountain Nursery 4c. Address Street Address 2251 Ed Little Road Address Line 2 City Creston Postal / Zip Code 28615 4d. Telephone Number: (336)384-5323 4f. Email Address:* foggymtn@skybest.com C. Project Information and Prior Project History State I Province / Region NC Country US 4e. Fax Number. 1. Project Information 1b. Subdivision name: (if appropriate) Cooper Cove 1c. Nearest municipality / town: Jefferson 2. Project Identification 2a. Property Identification Number: 01365213004 2c. Project Address Street Address 119 Cooper Cove Road Address Line 2 City Crumpler Postal / Zip Code 28617 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * South Fork New River 3b. Water Resources Classification of nearest receiving water: * B;ORW 3c. What river basin(s) is your project located in?* New 3d. Please provide the 12-digit HUC in which the project is located. 050500010210 4. Project Description and History 2b. Property size: 1.485 State / Province / Region NC Country US 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 site is located along the South Fork of the New River in eastern Ashe County. A sediment deposit in the center of river has directed the thalwag to the bank. The bank is severely eroded due to the pressure of the water and the lack of vegetation. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* 0 Yes O No .1 Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0 4g. List the total estimated linear feet of all existing streams on the property: 206 of the South Fork New River 4h. Explain the purpose of the proposed project: * To repair and stabilize eroding banks by re-establishing proper bank profiles through bank reshaping and with 1 in -stream structure, to improve water quality. To improve habitat for aquatic fauna and to improve the overall condition of the riparian areas at the site 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Eroding banks will be reshaped to approximately 2:1, or flatter and planted with native vegetation. One (1) rock vane will be constructed to divert the thalwag back to the center of the stream. Toe Rock will be place to protect large existing river birches. During construction a track hoe will do the work from the bank, although the track hoe may have to access the stream to construct the end of the rock vanes. After construction the bank will be seeded with native grass seed and sloped bank will be covered with erosion control matting and anchored with live stakes and landscape staples. Flat areas will be seeded and mulched with straw. All areas will be planted with live stakes (Silky Willow, Salix Sericea) (Silky Dogwood, Cornus amomum) (Elderberry, Sambucus canadensis) along with native rhododendron mtn laurel and river birch 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* OYes ONo Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made? * O Preliminary O Approved O Not Verified ® Unknown 0 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?* O Yes O No O Unknown 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 la. Where are the impacts associated with your project? (check all that apply): 0 Wetlands ❑ Open Waters 3. Stream Impacts O Streams -tributaries 0 Pond Construction 0 Buffers 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* Si Stabilization Permanent Bank Stabilization South Fork New River Perennial Both 168 Average (feet) 195 (linear feet) S2 Rock Vane Permanent Bank Stabilization South Fork New River Perennial Both 168 Average (feet) 10 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 205 3i. Total stream and ditch impacts: 205 3j. Comments: 3i. Total temporary stream impacts: 0 E. Impact Justification and Mitigation U 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: This project will stabilize 205 If of eroding stream bank, reduce stream bank erosion, reduce in -stream sediment loads and improve in -stream aquatic habitats. Stream aesthetics will be improved with the establishment of a well vegetated and functioning riparian zone 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: During construction, equipment will only access the stream when absolutely necessary. For this project, it is anticipated that most of the track hoe work can be accomplished from the top of the bank. However, equipment may need access the stream during the construction when no other construction alternative exists. Soil disturbance will be limited to what can seeded and stabilized in one day. Banks will be seeded and coir matting will be placed and anchored with wooden stakes. Flat areas will be seeded and covered with straw. 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: 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 0 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 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. 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?* O Yes O No 5d. Is another Federal agency involved?* 0 Yes 5e. Is this a DOT project located within Division's 1-8? 0Yes ONo O No O Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? OYes 0No 5g. Does this project involve bridge maintenance or removal? 0 Yes ® No 5h. Does this project involve the construction/installation of a wind turbine(s)?* OYes 0No 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.? 0 Yes ® No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_N LEB-SLOPES&apps.pdf 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* 0 Yes • No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* ocean.floridamarine.org/efh_coral/ims/viewer.htm 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?* O Yes O No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* www.hpo.ncdcr.gov 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* O Yes No 8b. If yes, explain how project meets FEMA requirements: The project will not impede flood waters 8c. What source(s) did you use to make the floodplain determination?* msc.fema.gov/portal/search#searchresultsanchor 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 agent authorization.PDF pics.pdf scarlett.pdf Site Plan-converted.pdf SodaPDF-converted-NC_Laurel_Springs_20190803_TM geo.pdf SodaPDF-converted-topo2 (2).pdf File must be PDF or KMZ Comments Signature 99.58KB 415.4KB 218.75KB 188.88KB 6.15MB 111.02KB RI 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: Glen Sullivan Signature C S,Lcillamo Date 3/16/2022 I,710 �[.cc y) designate Glen Sullivan of Foggy Mountain Nursery to act as my duly authorized agent concerning all US Army Corps of Engineers and NC D,ENR permitting regarding the stream bank restoration project on my property in SAP�County,NC. Name � r 46 Address ///aP b •✓d /�/1/ Gi,)6 4- 4 5 / NC -2- 10 Phone number 7014 -$5) - 13) 7 Fax number E-mail address s GQ r /0 r i CI ' I b© x, $G . Ga4u Signature 707,(1_ Date Station 3+OO-1+00 Station 1+00 Station 1+00 — 0+00 Station 0+00-1+00 SUMMARY TABLE ACTIVITY REACH Reach Length 205 Feet No. Instream Structures 1 Length (in ft) Impacted by Instream Structures 10 Length (in ft) of Streambank Sloping 93 Length (in ft) of Live Stake Planting 205 Riparian Buffer Planting (Acres) 0.11 Area Disturbed During Construction (Acres) 0.11 Approximate Property Line CD CD SITE PLAN Scar e Projec Chestnut Hill TOWNSHIP, ASHE COUNTY, NORTH CAROLINA Bill Cooper Road Rock Vane @ 0+31 Toe Rock to protect River Birch Trees Toe Rock O Approximate Property Line South Fork New River 60 0 V V Y IVAP 60 120 180 DATE: March 14TH 2021 JOB No. Scarlett Foggy Mountain Nursery 2251 ED LITTLE ROAD CRESTON NC 28615 Tel: (336) 384-5323 GRAPHIC SCALE FEET FIGURE 5. Typical bank reshaping and revegetation plan. Cross-section view before work (existing condition) )1,\Lia0 \\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\ \ \\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\ \ \\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\ \ \\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\ ti�ttitittiti \\\\\\\\\\\\\ \\\\\\\\\\\ \\\\\\\\\ \\\\\ Cross-section view after work Pasture grasses, little valve for bank stabilization or stream shading. Vertical bank showing area to be reshaped. Rooted trees, 2' to 6' tall. Herbaceous vegetation. Live stakes 18" to 24" in length. Erosion control blanket 4 - 8 ft wide, anchored with wooden stakes/live stakes. Water level FIGURE 6. Typical rock vane structure showing plan and cross-section views. Photograph shows a rock vane constructed in the South Fork New River at the Wagoner Road Access, New River State Park. PLAN VIEW CROSS-SECTION VIEW Bankfull elevation 2 -81.3750' 36.5000' 4°39000mN 36.3750' 38 37 36 35 34 33 32 31 30 29 28 27 26 -81.3750° U.S. DEPARTMENT ERIOR U.S. GEOLOGICAL SURVEY science for a changing world 467000m E Skyland Airport 2 0 0 0 68 GREENVIEW.DR ,3200 67 68 Produced by the United States Geological Survey North American Datum of 1983 (NAD83) World Geodetic System of 1984 (WGS84). Projection and 1 000-meter grid:Universal Transverse Mercator, Zone 175 This map is not a legal document. Boundaries may be generalized for this map scale. Private lands within government reservations may not be shown. Obtain permission before entering private lands. Imagery NAIP, June 2016 - November 2016 Roads U.S. Census Bureau, 2016 Names GNIS, 1980 - 2018 Hydrography National Hydrography Dataset, 2002 - 2018 Contours National Elevation Dataset, 2008 - 2018 Boundaries Multiple sources; see metadata file 2017 - 2018 Wetlands FWS National Wetlands Inventory 1983 - 1984 69 70 70 MN, GN 7°44' 137 MILS 0°11" 3 MILS UTM GRID AND 2019 MAGNETIC NORTH DECLINATION AT CENTER OF SHEET 100,000 - m Square ID MA Grid Zone Designation 17S The National Map 4- US Topo 71 Matt Carson Cem 72 TIMBERWILDE"C-T Y`. Ore Knoll R-a-t t l e_ s n a k-e Mt 3600� ODGE p 73 74 75 PARKWAY Est LLOW RD 76 71 72 73 74 75 76 SCALE 1:24 000 1 0.5 0 KILOMETERS 1 2 1000 500 0 METERS 1000 2000 1 0.5 0 MILES 1000 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000 H H H FEET CONTOUR INTERVAL 40 FEET NORTH AMERICAN VERTICAL DATUM OF 1988 This map was produced to conform with the National Geospatial Program US Topo Product Standard, 2011. A metadata file associated with this product is draft version 0.6.18 NORTH rAROLINA QUADRANGLE LOCATION 1 Grassy Creek 1 I I 2 I 3 2 Mouth of Wilson III 3 Sparta West 4 5 4 Jefferson 5 Whitehead 6 Glendale Springs 6 I 7 8 7 Horse Gap 8 McGrady ADJOINING QUADRANGLES LAUREL SPRINGS QUADRANGLE NORTH CAROLINA 7.5-MINUTE SERIES -81.2500' 77 36.5000° ANDREWS RD ROSE'RD Laurel Springs LQUTel Springs 477000mE ROAD CLASSIFICATION Expressway Local Connector Secondary Hwy Local Road Ramp 4WD • Interstate Route rj US Route O State Route LAUREL SPRINGS, NC 2019 39 38 37 36 35 34 33 32 31 30 29 28 27 4026000mN -81.2500' 36.3750'