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HomeMy WebLinkAbout20220641 Ver 1_ePCN Application_20220507Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Initial Review Has this project met the requirements for acceptance in to the review process?* OO Yes O No Is this project a public transportation project?* OYes 0No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 5/5/2022 BIMS # Assigned* Version#* 20220641 1 Is a payment required for this project?* O No payment required O Fee received O Fee needed - send electronic notification Select Project Reviewer* Andrew Moore:eads\awmoore3 Information for Initial Review Reviewing Office* Asheville Regional Office - (828) 296-4500 la. Name of project: COURTESY COPY New Bridge la. Who is the Primary Contact?* Patrick Hennessey lb. Primary Contact Email:* pat@mediavisionsonline.com Date Submitted 5/7/2022 Nearest Body of Water Spill Corn Creek Basin French Broad Water Classification Spill Corn Creek Site Coordinates Latitude: 35.926676 A. Processing Information Longitude: -82.681940 lc. Primary Contact Phone:* (612)385-3563 County (or Counties) where the project is located: Madison Is this a NCDMS Project 0Yes ONo Is this project a public transportation project?* 0Yes ONo la. Type(s) of approval sought from the Corps: EI 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?* 0 Yes O No 1b. What type(s) of permit(s) do you wish to seek authorization? O Nationwide Permit (NWP) 0 Regional General Permit (RGP) 0 Standard (IP) lc. Has the NWP or GP number been verified by the Corps? 0Yes ®No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: EO 401 Water Quality Certification - Regular 0 Non-404 Jurisdictional General Permit O 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: If. Is this an after -the -fact permit application?* O Yes O No 0 401 Water Quality Certification - Express 0 Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes O No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes O No lh. Is the project located in any of NC's twenty coastal counties? O Yes O No 1j. Is the project located in a designated trout watershed? OYes 0No B. Applicant Information OYes 0No OYes 0No Id. Who is applying for the permit? O Owner O Applicant (other than owner) le. Is there an Agent/Consultant for this project?* 0 Yes ® No 2. Owner Information 2a. Name(s) on recorded deed: Sacred Mountain Waters, LLC 2b. Deed book and page no.: 2c. Contact Person: Patrick Hennessey 2d. Address Street Address 2932 Big Laurel Road Address Line 2 City Marshall Postal / Zip Code 28753 State / Province / Region NC Country USA 2e. Telephone Number: 2f. Fax Number: (612)385-3563 2g. Email Address:* Pat@mediavisionsonline.com C. Project Information and Prior Project History 1. Project Information lb. Subdivision name: Of appropriate) lc. Nearest municipality / town: Marshall 2. Project Identification 2a. Property Identification Number: 2c. Project Address Street Address 2932 Big Laurel Road Address Line 2 City Marshall Postal / Zip Code 28753 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Spill Corn Creek 3b. Water Resources Classification of nearest receiving water: * Spill Corn Creek 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. 060101051004 4. Project Description and History 2b. Property size: 59 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: * Natural riverbank on residential property. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* 0 Yes O No 0 Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 4g. List the total estimated linear feet of all existing streams on the property: one mile 4h. Explain the purpose of the proposed project:* Bridge was necessary to connect previously owned property to the newly purchased property across the creek. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Bridge berm was created using boulders from the adjoining property. A back hoe was used to put them into place on the banks of the creek. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? * 0 Yes Comments: No ® Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made? * O Preliminary C, Approved Q Not Verified O 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 O 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 L1 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Oi Wetlands I✓1 Streams -tributaries O Open Waters O Pond Construction 3. Stream Impacts O 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 Building single lane bridge Permanent Stabilization Spillcorn Perennial Both 15 Average (feet) 20 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 20 3i. Total stream and ditch impacts: 20 3j. Comments: Built a single lane bridge over the Spillcorn creek. E. Impact Justification and Mitigation 3i. Total temporary stream impacts: 0 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Retaining walls, sentiment fabric, fill gravel and straw mesh used to minimize any runoff. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Boulders for berms placed behind the edge of stream bank to minimize any direct impact on creek. 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 O 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? O Yes • No If no, explain why: No known protected lands. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* 0 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 1a. 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 0• No 2b Provide an explanation of the violation(s): 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. Bridge is only connecting existing properties and not created for new development. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* 0Yes®• No 0 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?* 0 Yes a No 5b. Have you checked with the USFWS conceming Endangered Species Act impacts?* 0 Yes ® No 5d. Is another Federal agency involved?* 0 Yes 5e. Is this a DOT project located within Division's 1-8? OYes ®No • No Unknown 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? 0Yes ®No 5h. Does this project involve the construction/installation of a wind turbine(s)?* 0Yes ®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? Input from knowledgable friend. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* • Yes No Are there submerged aquatic vegetation (SAV) around the project vicinity?* Yes No O Unknown 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* Input from knowledgable friend. 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?* Input from knowledgable friend. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* Review of FEMA Floodplain Map shows no indication of flood plain. 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 File must be PDF or KMZ Comments During the construction of the bridge Andrew Moore, an environmental specialist with the Asheville Regional Office (Water Quality Regional Operations Section NCDEQ — Division of Water Resources), visited the construction site while the boulders for the berm were being placed. It was determined that to minimize any future erosion of creek banks into the creek it was best to complete the rock berms and cover the creek banks with seed and straw mesh, which we did. Andrew also made suggestions for minimizing any potential run off, which we implemented. The bridge was completed with minimal impact to the creek and the creek banks are stable and protected. I have photos documenting the completion process and of the now completed bridge if you'd like. I appreciate your efforts to protect the waterways. I trust this bridge, and the precautions taken in building it, will meet with your approval. Please call me at cell 612 385-3563 if you have any questions or need for clarification. Best regards, Patrick Hennessey - owner and steward 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. Full Name: Patrick Hennessey Signature Date 5/7/2022