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HomeMy WebLinkAbout20140622 Ver 1_401 Application_201406142 0 1 4 0 6 2 2 0 Oo- WA7F9OG $PAID r ti P `C Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 13 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑X Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ❑X No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: CPHA stream 2b. County: Henderson 2c. Nearest municipality / town: Hendersonville 2d. Subdivision name: Carriage Park 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Carriage Park Associates, LLC - 3b. Deed Book and Page No. 10 4U14 1082/298 3c. Responsible Party (for LLC if applicable): Dale Hamlin L wA ' 3d. Street address: 2827 Haywood Road 3e. City, state, zip: Hendersonville, NC 28791 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a Applicant is ❑ Agent ❑X Other, specify Carriage Park HOA, committee chair 4b Name Francis J Wolak 4c Business name (if applicable) 4d Street address 76 Summit Hill Rd 4e City, state, zip Hendersonville, NC 28791 4f Telephone no 828489' 2872 4g Fax no 4h Email address franwolak @gmail com 5. Agent/Consultant Information (if applicable) 5a Name 5b Business name (if applicable) 5c Street,address 5d City, state, zip 5e Telephone no 5f Fax no 5g Email address Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a Property identification no (tax PIN or parcel ID) 9650405143 9972994 lb Site coordinates (in decimal degrees) Latitude 35 3476N Longitude -82 5058W 1c Property size 11 04 acres 2. Surface Waters 2a Name of nearest body of water to proposed project MITI Pond Creek 2b Water Quality Classification of nearest receiving water WS -IV 2c River basin French Broad 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 Site is forest covered (41) with potential future development, surrounded, by single family residential (1 01), upstream water source are springs behind residential forested land, and storm water runoff from Carriage Park streets 3b List the total estimated acreage of all existing wetlands on the property streambed only 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 600 3d. Explain the purpose of the proposed project lessen the stream bank erosion, which is causing silting of a pond,in Carriage Park 3e Stair- Describe the overall project in detail, Including the type of equipment to be used stepped large rock, with native plants on horizontal to absorb stream energy, photo and description attached 4. Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior' phases) in the past? ❑ Yes ❑X No ❑ Unknown Comments 4b If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c If yes, who delineated the jurisdictional areas? Name (if known) Agency /Consultant Company Other 4d If yes, list the dates of the Corps jurisdictional determinations or State,determinations�and attach documentation 5. Project History 'Sa Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? El Yes ❑,No ❑ Unknown 5b If yes, explain in detail according to "help file "''instructions 6. Future Project Plans, 6a 'Is this a phased project? ❑ Yes X❑ No 6b If yes, explain Page 3 of 10 PCN Form — Version 1.4.January 2009 C. Proposed, Impacts Inventory 1. Impacts Summary la 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 of wetland 2d Forested 2e Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f Area of Impact (acres) W1 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) 3g Impact length (linear feet) S1 T Stabilization UT1 to Mill Pond PER Corps 20 25 S2 S3 S4 S5 S6 3h Total stream and,tributary'impacts ,31`, 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'im acts 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 02 03 04 4f Total open water impacts 4g Comments - 5. Pond or Lake Construction If pond or lake construction proposed, the complete the -chart below 5a Pond ID number 5b Proposed use or purpose of pond' 5c Wetland Impacts (acres) 5d Stream Impacts (feet) 5e 'Upland (acres) Flooded Filled Excavated Flooded Filled Excavated 'P1 P2 5f Total: 5g Comments 5h Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no 51 Expected pond surface,area (acres) 5j Size of pond watershed (acres) 5k Method of construction 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts below If any impacts require miticiationA hen voU MUST fill out Section D of thisform 6a. Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑, Randleman ❑ Other 6b Buffer Impact number — Permanent (P) or Temporary T 6c Reason for impact 6d Stream name 6e Buffer mitigation required? 6f Zone 1 impact (square feet ) 6g Zone 2 impact (square feet B1 B2 B3 B4 B5 B6 6h Total, Buffer Impacts: 61 Comments, Page 5 of 10 D. Impact Justification and Mitigation 1. ,Avoidance and Minimization la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project proposed design`is minimially mvasive,,reestablishes a stable bank of large rock and native plants, stops stream bed from moving into loose sod, which;is,sdtmgahe stream bed and neighboring pond lb Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques minimize impact'by scheduling work during late summer or early fall during time of historically low stream flow minimize sod surface disturbance on existing stream banks 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 ❑X No 2b If yes, mitigation is, required by (check all that apply) ❑ DWQ ❑ corps 2c If yes, which mitigation option will be used for this project? 0 Mitigation bank ❑Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Com lete1f Using a Mitigation Bank 3a 'Name of'Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type Type Type Quantity Quantity Quantity 3c Comments 4. Complete if Making a Payment to In -lieu 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 DWQ 6a Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ❑X No buffer mitigation? 6b If yes, then identify °the square feet of impact -to each zone of the riparian buffet that requires mitigation Calculate the amount of mitigation required 6c 6d 6e Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 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) 6h Comments Page 7 of 10 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 ❑X No within one of the NC Riparian Buffer Protection Rules? lb If yes, then is a diffuse flow plan included? If no, explain why ❑ Yes ❑ No 2. Stormwater Management Plan 2a What is the overall percent imperviousness�of this project? 2b 'Does this project require a Stormwater Management, Plan? ❑ Yes ❑X No 2c If this project DOES NOT require a Stormwater Management Plan, explain why stream bank stabalization only, completion in one day 2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan 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 ❑ NSW 3b Which of the °following locally - implemented stormwater management programs ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been El Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a Which of the following state - implemented stormwater management programs apply ❑ORW (check,all that-apply,) ❑Session Law 2006 -246 ❑Other 4b Has the approved'Stormwater Management Plan with proof of approval been ❑ Yes ❑'No attached? 5. DWQ 401 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropriate requirements? E]'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 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ❑X No use of public (federal /state) land? lb 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)? 1,c If you answered "yes" to the above, has the document review been ,finalized by'the State Clearing House? '(If so', attach a copy of the NEPA or SEPA final approval letter, ) ❑ Yes ❑ No Comments 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 ❑X No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this an after- the -fact permit application? ❑ Yes ❑X No 2c 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 ❑ Yes ❑X No ,additional development, which could impact nearby downstream water quality? 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. Sewage Disposal (DWQ Requirement) 4,a_ 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 ❑ Yes ❑X No habitat? 5b Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ❑X No impacts? 5c 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? site is within existing subdivision & onsite visit with Corp representative 6. Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitat? ❑ Yes X❑ No 6b What data sources did you use toidetermine whether your site would impact Essential Fish Habitat? site is within existing „subdivision & onsite visit with Corp representative 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 ❑ Yes ❑X No status (e g , National Historic Trust designation orproperties significant in North Carolina history and archaeology)? 7b What data sources did you use to determine whether your site would impact historic or archeological resources? site is within existing subdivision & onsite visit with Corp representative B. Flood Zone Designation (Corps Requirement) 8a Will this project occur in,a FEMA- designated 100 -year floodplain? ❑ Yes ❑X No 8b If yes, explain how-project meets FEMA requirements 8c What source(s) did you use to maketihe floodplain determination? site ,is within existing subdivision, &,onsite visit with Corp representative Francis J Wolak 06/11/2014 Applicant/Agent's Printed Name Date Ap i t/Agent's Signature (Agent's signature is valid only if<an authorization letter from the applicant is provided Page 10 of 10 Stream bank stabilization: A "stair- step" arrangement of rock and horizontal plantings will be placed on the left side of stream as shown in the above photograph. Large rock will be stacked in the existing streambed at the base of the vertical wall of soft dirt to a height of one to two feet. A horizontal area behind the rocks will be planted with native plants harvested from the surrounding area. A second row of rock will be installed at the end of the horizontal area to absorb energy during high water events, with another horizontal planting area behind it. Depending upon the size of rock a third rock wall and horizontal planting area may be needed.