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HomeMy WebLinkAbout20220988 Ver 1_ePCN Application_20220721Pre -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: 6/15/2022 BIMS # Assigned* 20220988 Is a payment required for this project?* 0 No payment required O Fee received O Fee needed - send electronic notification Reviewing Office* Asheville Regional Office - (828) 296-4500 Information for Initial Review Version#* What amout is owed?* 0 $240.00 O $570.00 Select Project Reviewer* Amy Annino:eads\amannino la. Name of project: Nantahala la. Who is the Primary Contact?* Cody Batchelder lb. Primary Contact Email:* cody. batchelder@m bakeri ntl.com Date Submitted 7/21/2022 Nearest Body of Water Nantahala River Basin Little Tennessee Water Classification B;Tr,ORW Site Coordinates Latitude: 35.0952 A. Processing Information Longitude: -83.5613 lc. Primary Contact Phone:* (828)412-6103 County (or Counties) where the project is located: Macon 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 CNo 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 0 Individual 401 Water Quality Certification 27 - Restoration 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 0Yes ®No OYes 0No Id. Who is applying for the permit? 0 Owner OO Applicant (other than owner) le. Is there an Agent/Consultant for this project?* OYes 0No 2. Owner Information 2a. Name(s) on recorded deed: Mary W. Pittman 2b. Deed book and page no.: N-40/361 2c. Contact Person: 2d. Address Street Address 83 Rainbow Springs Road Address Line 2 City Franklin Postal / Zip Code 28734 State / Province / Region NC Country USA 2e. Telephone Number: 2f. Fax Number: (828)421-1158 2g. Email Address:* mwp@yahoo.com 2a. Name(s) on recorded deed: Carl S Southerland 2b. Deed book and page no.: 1-32/809 2c. Contact Person: 2d. Address Street Address 12955 Murphy Road Address Line 2 City Franklin Postal / Zip Code 28734 2e. Telephone Number: (828)421-5527 2g. Email Address:* southerland.carl@gmail.com 2a. Name(s) on recorded deed: Ilet Black Southerland III 2b. Deed book and page no.: 1A/9939 2c. Contact Person: 2d. Address Street Address 2760 London Lane Address Line 2 City Winston Salem Postal / Zip Code 27103 2e. Telephone Number: (828)421-5527 2g. Email Address:* southerland.cari@gmail.com 3. Applicant Information (if different from owner) 3a. Name: Cody Batchelder 3b. Business Name: Michael Baker Engineering, Inc 3c. Address Street Address 797 Haywood Road Address Line 2 Suite 201 City Asheville Postal / Zip Code 28806 3d. Telephone Number: (828)412-6103 3f. Email Address: * cody.batchelder@mbakerintl.com State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: 4. Agent/Consultant (if applicable) 4a. Name: Cody Batchelder 4b. Business Name: Michael Baker Engineering 4c. Address Street Address 797 Haywood Road Address Line 2 Suite 201 City Asheville Postal / Zip Code 28806 4d. Telephone Number: (828)412-6103 4f. Email Address:* cody.batchelder@mbakerintl.com C. Project Information and Prior Project History State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Franklin 2. Project Identification 2a. Property Identification Number: 6531788210, 6532316536 2c. Project Address Street Address 83 Rainbow Springs Road Address Line 2 City Franklin Postal / Zip Code 28734 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Nantahala River 3b. Water Resources Classification of nearest receiving water: * B;Tr,ORW 3c. What river basin(s) is your project located in?* Little Tennessee 3d. Please provide the 12-digit HUC in which the project is located. 060102020302 4. Project Description and History 2b. Property size: 334.91 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: * The existing conditions of the disturbed areas of the site are farm use and undisturbed land (brush and meadow). The general land use in the area is rural- forests, mountains, and farms. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* O Yes ® No O Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0 4g. List the total estimated linear feet of all existing streams on the property: 3150 4h. Explain the purpose of the proposed project:* Stream restoration and enhancement 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * In -stream structures and plantings will be provided for the Nantahala River, Black Creek and UT1. Work will be conducted using track hoes (excavators), dump trucks, tractors w/ disk harrow, and other equipment typically used in stabilization projects for minor grading and in -stream structure installation. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Ca, Yes ONo Comments: Via survey 5b. If the Corps made a jurisdictional determination, what type of determination was made?* 0 Preliminary 0 Approved O Not Verified O Unknown O 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?* O Yes O No 0 Unknown 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? No D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): ❑ Wetlands O Streams -tributaries O Open Waters O Pond Construction 3. Stream Impacts 0 Buffers 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* Si Bank Stabilization Permanent Other Nantahala River Perennial Corps 60 Average (feet) 2,064 (linear feet) S2 Bank Stabilization Permanent Other Black Creek Perennial Corps 17 Average (feet) 695 (linear feet) S3 Bank Stabilization Permanent Other UT1 Perennial Corps 7 Average (feet) 391 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3,150 3i. Total stream and ditch impacts: 1088 3j. Comments: 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: The proposed impacts are required to restore ecological function of the riparian system. As the intent of the project is to restore the overall stream and buffer complex, design efforts were taken to minimize impacts to the existing channel and buffer wherever possible. Construction routes are selected to minimize stream and wetland crossings. All disturbed areas will be planted with native seed, live stakes, and bare root seedlings to re-establish the riparian vegetation community upon completion of disturbance. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All construction practices will follow guidelines from the NC Erosion and Sediment Control Planning and Design Manual. Construction haul routes were selected to minimize stream and wetland crossings. The construction activities will also be phased so that the contractor only disturbs as much stream bank as can be stabilized by the end of the day. 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? 0 Yes O No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: This is a restoration project F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? 0 Yes @ No If no, explain why: It is located in the Little Tennessee watershed 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)? 0Yes ONo 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? O Yes O N/A - project disturbs < 1 acre 3. Stormwater Requirements O No 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters. * Stormwater Management Plan O Antidegradation Calculations Comments: Neither are included- I selected the above because it is required to select one. As this is a restoration project with stream corridor work only, and no impervious areas will be added, this section is not applicable. 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?* O Yes O 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)?* O Yes O No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* O Yes 0 No 3b. If you answered "no," provide a short narrative description. The purpose is to restore ecological function in the watershed. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* OYes 0No®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?* O Yes O No 5b. Have you checked with the USFWS conceming Endangered Species Act impacts?* O Yes O No 5d. Is another Federal agency involved?* 0 Yes 5e. Is this a DOT project located within Division's 1-8? OYes 0No O No 0 Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S OYes 0No 5g. Does this project involve bridge maintenance or removal? OYes ®No 5h. Does this project involve the construction/installation of a wind turbine(s)?* OYes 0No 51. 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.? 0Yes ®No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? https://ipac.ecosphere.fws.gov/ 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes O No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* https://www.habitat. noaa.gov/apps/efhmapper/ 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?* 0 Yes O•No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC Department of Natural and Cultural Resources 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* L Yes 0 No 8b. If yes, explain how project meets FEMA requirements: There are no buildings or impervious areas added. This nature of this project leads to a decrease or no change in flooding, not an increase 8c. What source(s) did you use to make the floodplain determination?* https://flood. nc.gov/ncflood/ 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 Signature OO 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: Cody Batchelder Signature Date 7/21 /2022