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
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(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