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