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HomeMy WebLinkAbout20140588 Ver 1_401 Application_20140614June 3, 2014 NC DWR, 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 To Whom It May Concern, Zai4058$ PAID The Macon Soil and Water Conservation District, utilizing funding through the North Carolina Clean Water Management Trust Fund, is seeking to stabilize approximately 300 linear feet of actively eroding stream bank on the lower reaches of the Cullasaja River in Macon County. The property is owned by Macon County and is maintained by the Macon County Recreation Department for use as a practice facility for various local sports teams. The section of the Cullasaja River which this property borders is directly upstream of Lake Emory Dam and Powerhouse (FERC Project #2603) and is subject to Duke Energy, Nantahala Area's Shoreline Management Guidelines. Duke Energy's project boundary is at elevation 2000.22 ft msl. As part of the process of applying to Duke Power to receive permission to proceed with our planned stream bank stabilization project, we are applying for 401 Water Quality Certification. We have already received U.S. Army Corp of Engineers authorization to proceed with the project under a Nationwide 13 permit. We were originally told via email that this project did not require 401 Certification but were later informed that it does indeed require certification. After speaking with Chuck Crandall of the Asheville office it was decided that the simplest, and quickest (as we have to deal with the time constraints of our funding source), way to proceed would be to send a hard copy of our original USACE PCN application to him and send it to you, along with an enclosed check for $570 in pdf form on a cd. We hope that this is acceptable as we need to get this project underway as soon as possible so that we do not lose funding for it. Thank you in advance for all of your help. If you have any questions or if you need further information regarding the project please don't hesitate to contact me 828 -524- 3311 0 or by email at djohnsonnmaconnc.org. Sincerely, A)u ° J D Doug Johnson JUN 1 12014 Macon SWCD V...:. of V:A7F9 a o. January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing la. Type(s) of approval sought tom the Corps: CSection 404 Permit Section 10 Permit rtb. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: —� — 1c. Has the NWP or GP number been verified by the Corps? Yes No 1d. Type(s) of approval sought from the DWQ (check all that apply): 401 Water Quality Certification – Regular Non -404 Jurisdictional General Permit 401 Water Quality Certifica4on – Express Riparian Buffer Authorization 1 e. Is this notification solely for the record For the record only for DWQ For the record only for Corps Permit: because written approval is not required? 401 Certification: Yes No Yes No If. is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter tom mitigation bank or in4ieu fee program. Yes No 1g. Is the project located in any of NC's twenty coastal counties. if yes, answer 1h below. Yes No toil .,..1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes 2. 1 2a. Project Information Name of project: – 2b. County: N 2c. Nearest municipality /town: t 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: MA uN i Y 3b. Deed Book and Page No. V. so 3c. Responsible Party (for LLC if applicable):. 3d. Street address: 5 W MAIN S'(- 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: ' Page 1 of 10 PCN Forth –Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: Agent Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 14g. Fax no.: A. Email address: 5. Agent/Consultant Information of applicable) I! 5a. Name: W. Business name (ifapplicable): MgL+p� t 50. Street address: Std. City, state, zip: pK I iJC 2 7 3 5e. Telephoneno.: Sdy 331 1 >< Sf. Fax no.: 5g. Email address: D "Mz,or,ln- MAcr, r.i tAC . DRC- Page 2 of 10 j B. Project Information and Prior Project History I t Property Identification 1a. Property identification no. (tax PIN or parcel ID): 0 1111 L65 1b. Site coordinates(in decimal degrees): I Latitude: 35.1 ol"93 Longitude: 83.367�2j00 - 1c. Property size: 10. j acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: CULLA 3 A 3 it 2b. Water Duality Classification of nearest receiving water: 2c. River basin: LITTLE T' ry - - 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Cour{Ty "geS ZHE p1Z0MQiy Fo(? Soecc(2J FooTQAUL) OND QftjCf?AL(- j I-"WCT-LcE FIELDS, 3b. List the total estimated acreage of all existing wetlands on the property: 3c. List the total estimated linear Not of all existing streams (intermittent and perennial) on the property: I Soo r ! 3d. Explain the purpose of the proposed project: 6TAUILITATION OP 5EU4Fa4FLV 641m91N4 STREAM 3Rrstt 3e. Describe the overall project in detail, including the type of equipment to be used: PLAN e-NASFo(L KAcEmer+'j OG ct.eeir- Poc4c Prr -Foa or- GAO w AOD Oor�1b'tYU�cirts rJ 6F *AM*4 W 1a 4F04 4CFts- tZT -rvcH. kiE;(.Cr(4Tr, BuyT -eQ W \%. L L15OLFJ.0. -q VA 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Yes No Unknown Corps or State been requested or obtained for this property ! ect includin all for hases in the ast? Comments: 4b. If the Corps made the jurisdictional determination, what type Preliminary Final of determination was made? 4c. If yes, who delineated thejurisdictional areas? Agency /Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for Yes this project (including all prior phases) in the past? No Unknown I� 5b. If yes, explain in detail according to "help file" instructions. f 6. Future Project Plans ' 6a. Is this a phased project? Yes No +r6b. If yes, explain. - I Page 3 of 10 PCN Form - Version 1.4 January 2009 W t td. Page 4 of 10 PCN Form – Version 1.4 January 2009 C. Proposed Impacts Inventory — 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): Wetlands Streams– tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type ofwedand 2d. Forested 2e. Type ofjurisdiction Corps (404,10) or DWO (401, other) 2f. Area of impact (acres) Wi W2 W3 W4 W5 W6 2g. Total Wetland Impacts: 2h. Comments: 3. Stream Impacts __— - - -__ — - -- — __ - -- If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 39. Impact length (linear feet) $1 tMaC -SC 2lfikw L RInE52 ACR q�' a5�' – S2 S3 S4 S5 S6 3h. Total stream and tributary Impacts dS-o 3i. Comments: Page 4 of 10 PCN Form – Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 03 04 4f. Total open water Impacts 49. Comments: 5. Pond or Lake Construction If pond or lake construction proposed. the complete the chart below. 5a. Pond ID number Sb. Proposed use or purpose of pond 5c. Wetland Impacts (acres) Sd. Stream Impacts (feet) I 5e. Upland (acres) Rooded Filled Excavated I Flooded Filled Excavated P1 P2 - - - -- Sf. Total: 5g. Comments: 5h. Is a dam high hazard permit required? Yes — No If yes, permit ID no: v — 51. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for D.W Q) If prciect will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require miHoation. then you MUST fill out Section D of this form. 6a. Project is in which protected basin? Nauss Tar - Pamlico Catawba Randleman Other: 6b. Buffer Impact number — Permanent (P) or Temporary �Tj 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet ) 69. Zone 2 impact (square feet B1 B2 B3 B4 B5 B6 6h. Total Buffer Impacts: — 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. 1 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. a ROZSE � T W t LL ADKi'R_e 71& A LL MC- ASuRSY REQWSeD BY I OCHt SCDtfhE�tT CO NTIROL. 0WO=-,1 <a f4 C (F . 2. Compensatory Mitigation ion for Impacts to Waters of the U.S. or Wags of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): Yes DWQ Corps 2c. If yes, which mitigation option will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Type: Type: EQuan �i-- -� 3c. Comments: 4. Complete if IVIMng a Payment to Indieu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete If Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) —required by DW Q 16a. Will the project result in an impact within a protected riparian buffer that requires Yes No buffer rnifigation? If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the 16b. amount of mitigation required. Zone Reason for impact Total impact Multiplier Required mitigation i (square feet) (square feet) Zone ne 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). i l 6h. Comments: i Page 7 of 10 I E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan - 1a. Does the project include or is it adjacent to protected riparian buffers identified Yes No within one of the NC Riparian Buffer Protection Rules? 11b. If yes, then is a diffuse flow plan included? If no, explain why. i Yes No W - -- - -- �� —� - - -- �2. Stormwa[er Management Plan 2a. Mat is the overall percent imperviousness of this project? ^` % 2b. Does this project re uire a Stormwater Management Plan? _Yes No 2c. If this project DOES NOT require a Stonmvater Management Plan, explain why: I 2d. If this project DOES require a Stormweter Management Plan, then provide a brief, narrative description of the plan: 1 I 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Phase II 3b. Which of the following locally - implemented stormwater management programs NSW USMP I apply (check all that apply): Water Supply Watershed Other: Has the approved stormwater Management Plan with proof of approval been Yes No attached? ,3c, 4. DWQ Stormwater Program Review — Coastal counties HOW 4a. Which of the following state- implemented stormwater management programs apply ORW (check all that apply): Session Law 2006 -246 Oth ar: 4b. Has the approved Stormwater Management Plan with proof of approval been Yes No attached? 5. DWQ 401 Unit Stormwater Review 16a. Does the Stormwater Management Plan meet the appropriate requirements? Yes No 5b. Have all of the 401 Unit submittal requirements been met? Yes No Page 8 of 10 PCN Form — Version 1.4 January 2009 i F. ' Supplementary Information E1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federaUstateAocal) funds or the Yes No use of public (federal /state) land? 1b. 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 Yes No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes' to the above, has the document review been finalized by the j State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval I letter.) Yes No Comments: j 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, Yes ON or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? Yes [ 2c. I Ii If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in development, impact downstream Yes No additional which could nearby water quality? j 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Page 9 of 10 PCN Form — Version 1.4 January 2009 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 6c. If yes, indicate the USFWS Field Office you have contacted. 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat ? Yes No r6b. Mat data sources dd you use to determine whether your site would impact Essential Fish Habitat? 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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? cow j Rcrr —D 5tt i U . �ESPONS€ A S Ct tt� , 8. Flood Zone Designation (Corps Requirement) 8a. WII this project occur in a FEMA - designated 100 -year floodplain7 Yes No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) rid you use to make the floodplain determination? i C� aee77�Z /0/1/ Applicant /Agent's Printed Name Date App nt/ gent's Signature gent's signatur is valid only tan author¢etion letter from the a icent is provided.) Page 10 of 10 cl }\ \j k §§§ \w\ {" MO / § � ) � d N ) � j | §§ ƒ , (� \ §J S ! [ ;| || | |�| ./ � \ {! g } < 0/ j j| ) $ }6 \ } 0. 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( T j *`y n \V*�'.... i (3 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 2012 -01458 County: Macon USGS Quad: Corbin Knob GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: Macon County / Attn.: Jack Horton Address: 5 West Main Street Franklin, NC 28734 Telephone No.: 828 -349 -2025 Size and location of property (water body, road name /number, town, etc.): The proposed project site is located at the Fox Ridge County Park (PIN 0143165) on the Cullasaia River in Franklin, Macon County, North Carolina. Coordinates are 35.1721029922 N, 83.3673290088 W. Description of projects area and activity: This permit verification authorizes 250 linear feet of permanent stream impacts to the Cullasaia River associated with the proposed stream bank stabilization project. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 13 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and /or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 807 -6300) to determine Section 401 requirements. You may also visit their website at: http:// oortal. nedenr.orJweb /wa /sn /ws /webscape For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact David Brown at 828- 271 -7980. Corps Regulatory Official David Brow Date: June 6, 2013 Expiration Date of Verification: March 18.2017