HomeMy WebLinkAbout20220504 Ver 1_ePCN Application_20220329DWR
Divi.h. M Wm- R�....
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
Ch-g. nly,f n..d.d
BIMS # Assigned*
Version#*
20220504
1
Is a payment required for this project?
No payment required
What amout is owed?*
Fee received
$240.00
Fee needed - send electronic notification
$570.00
Reviewing Office*
Select Project Reviewer*
Asheville Regional Office - (828) 296-4500
Mitchell Anderson:eads\mlanderson
Information for Initial Review
1 a. Name of project:
North Fork Catawba River Stabilization
la. Who is the Primary Contact?*
Andrew Bick
I b. Primary Contact Email: 1 c. Primary Contact Phone:*
andrew@headwaters-eng.com (828)606-0306
Date Submitted
3/29/2022
Nearest Body of Water
North Fork Catawba River
Basin
Catawba
Water Classification
B; Tr
Site Coordinates
Latitude: Longitude:
35.836895 -81.999527
A. Processing Information
County (or Counties) where the project is located:
McDowell
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
1 a. 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)
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:
Baxter Healthcare Corp
2b. Deed book and page no.:
00329;0630
2c. Contact Person:
Lee Moore
2d. Address
Street Address
65 Pitts Station Road
Address Line 2
City
Marion
Postal / Zip Code
28752
2e. Telephone Number:
(828)756-6565
2g. Email Address:
stephen—Moore@baxter.com
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province I Region
NC
Country
USA
2f. Fax Number:
Yes No
Yes No
3. Applicant Information (if different from owner)
3a. Name:
Baxter Healthcare Corp
3b. Business Name:
3c. Address
Street Address
PO Box 1390
Address Line 2
City
Marion
Postal / Zip Code
28752
3d. Telephone Number:
(828)756-6565
3f. Email Address:
stephen_moore@baxter.com
4. Agent/Consultant (if applicable)
4a. Name:
Andrew Bick
4b. Business Name:
Headwaters Engineering, PC
4c. Address
Street Address
45 Lotus Place
Address Line 2
City
Asheville
Postal / Zip Code
28804
4d. Telephone Number:
(828)606-0306
4f. Email Address:
andrew@headwaters-eng.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
I c. Nearest municipality/ town:
Marion
-2. Project Identification
2a. Property Identification Number:
171700126528
2c. Project Address
Street Address
65 Pitts Station Road
Address Line 2
City
Marion
Postal / Zip Code
28752
3. Surface Waters
State / Provinoe I Region
NC
Country
USA
3e. Fax Number
State / Province / Region
NC
Country
USA
4e. Fax Number
2b. Property size:
118.54
State / Province / Region
NC
Country
USA
3a. Name of the nearest body of water to proposed project:
North Fork Catawba River
3b. Water Resources Classification of nearest receiving water:*
B; Tr
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501010202
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity ofthe project at the time ofthis application:*
The bank stabilization site is located immediately adjacent to Baxter's wastewater treatment facility on their manufacturing plant. The main plant buildings are located on the left (south)
bank of the river and the treatment facility is located on the right bank. The N. Fork Catawba River drains a 31.5 square -mile watershed that includes forest, agriculture and low density
residential land uses.
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:
26.8
4g. List the total estimated linear feet of all existing streams on the property:
7000
4h. Explain the purpose of the proposed project: *
The purpose of the bank stabilization project is to restore the right descending bank of the river adjacent to Baxters wastewater treatment facility. The river bank has retreated up to 16 feet
over the past several years during repeated large flood events, threatening land and infrastructure. The restored bank will be more resilient to floods, will reduce the risk of damage to
adjacent infrastructure, and will help protect water quality and habitat by reducing fine sediment inputs associated with bank erosion.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The bank stabilization effort will include bank sloping, reinforced soil lifts, a boulder toe section, and a boulder vane, all of which will help stabilize the right descending bank of the river and
direct flow energies toward the center of the channel. Access to the soil lifts and boulder vane sites will be from the right bank along a cleared path. Access to the boulder toe will be from
the left bank through a lawn area and across a large cobble bar in order to protect mature trees on the right bank at this location. Equipment to be used will include track -mounted
excavators, dump trucks and various hand tools. A flow diversion is not practical in this location due to the large baseflow, but measures will be taken to limit fine sediment pollution to
downstream reaches. These measures include working from the top of bank or bar as much as practical and scheduling work during periods of low flow.
S. 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
1 a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
E
3a. Reason for impa
3c. Type of impact*
e*
�3f. Type of
Jurisdiction*
3h. Impact
length
bank stabilization
Bank Stabilization
FIFork Catawba
Both
0
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
380
31. Total stream and ditch impacts:
380
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
0
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The bank stabilization design employs natural channel design techniques and uses natural materials such as rock, coir matting and native trees and
shrubs. The work will direct erosive flows to the center of the channel and will help establish robust native woody vegetation on the bank. The project will
result in positive impacts to water quality and habitats.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Equipment will operate from the top of bank as much as practical, and work will be scheduled during low flow periods. The contractor will be required to
stage work such that no more river bank is disturbed than can be stabilized with seed, mulch and/or matting by the end of that workday. Fueling will be
performed at least 100 feet from the river and no stockpiling will be allowed within the 25-foot trout buffer.
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:
There will no loss of aquatic resources associated with the proposed work.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1 a. 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:
not applicable as this project will not introduce any new impervious surface to the site.
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:
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)
k.�'
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 (1 5A NCAC 2B .0200)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Wi I I 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.
This is a discrete project on an already developed property.
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 constructionfl nstal lation 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?
We reviewed the USFWS website for species information in the area and several plants, birds, clams and mammals are listed for McDowell County.
Given the project setting and limited scope of work, we do not believe impacts to endangered species or habitats will occur. We understand that habitat
for the Northern Long Eared Bat exists in the project HUC. The proposed bank work on the river will involve removing two leaning trees that are less
than 18 inches in diameter.
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?
NOAA fisheries website.
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?*
The NC SHPO website shows a house to the east of the Baxter property, and a church, a house and a bridge upstream of the Baxter property. None of
these site is close enough to the proposed work that they would be negatively impacted by the project.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEIVIA-designated 100-year floodplain?*
Yes No
8b. If yes, explain how project meets FEMA requirements:
A no -rise study has been submitted to McDowell County.
8c. What source(s) did you use to make the floodplain determination?*
NC FRIS website
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
Supplemental Information N Fork Catawba.pdf 4.99MB
File must be PDF or KMZ
Comments
Supplemental information, including geomorphic data collected at the site, photographs, drainage area map and preliminary construction plans are attached.
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 oftime.
I have given true, accurate, and complete information on this form;
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");
ag ee to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
intend to electronically sign and submit the PCN form.
Full Name:
Andrew Bick
Signature
Olff'Kt� 01?0
Date
3/29/2022