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HomeMy WebLinkAbout20221156 Ver 1_ePCN Application_20220825DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 7/21/2022 BIMS # Assigned * Version#* 20221156 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Winston-Salem Regional Office - (336) 776- 9800 Information for Initial Review What amout is owed?* $240.00 $570.00 Select Project Reviewer* Sue Homewood:eads\slhomewood la. Name of project: New River Conservancy 163 Project la. Who is the Primary Contact?* Glen Sullivan 1 b. Primary Contact Email:* lc. Primary Contact Phone: * foggymountainnursery@gmail.com (336)384-5323 Date Submitted 8/25/2022 Nearest Body of Water South Fork New River Basin New Water Classification WS-V;HQW Site Coordinates Latitude: 36.317013 A. Processing Information Longitude: -81.405594 County (or Counties) where the project is located: Ashe Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No la. Type(s) of approval sought from the Corps: 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?* Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) lc. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 13 - Bank Stabilization NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 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: 1f. Is this an after -the -fact permit application?* Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information ld. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?* Yes No 2. Owner Information 2a. Name(s) on recorded deed: New River Conserancy 2b. Deed book and page no.: 535/0693 2c. Contact Person: Elizabeth Underwood 2d. Address Street Address P.O. Box 1480 Address Line 2 City West Jefferson Postal /Zip Code 28694 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country US Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (336)846-6267 2g. Email Address: * elizabeth@newriverconservancy.org 4. Agent/Consultant (if applicable) 4a. Name: Glen Sullivan 4b. Business Name: Foggy Mountain Nursery 4c. Address Street Address 2251 Ed Little Road Address Line 2 City State / Province / Region Creston NC Postal / Zip Code Country 28615 US 4d. Telephone Number: 4e. Fax Number: (336)384-5323 4f. Email Address: * foggymountainnursery@gmail.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) N/A lc. Nearest municipality / town: West Jefferson 2. Project Identification 2a. Property Identification Number: 12314058 2c. Project Address Street Address 8300 NC-163 Address Line 2 City West Jefferson Postal / Zip Code 28694 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * South Fork New River 3b. Water Resources Classification of nearest receiving water: * WS-V;HQW 3c. What river basin(s) is your project located in?* New 3d. Please provide the 12-digit HUC in which the project is located. 050500010206 4. Project Description and History 2b. Property size: 1.113 State / Province / Region NC Country US 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 project site is located along the South Fork of the New River east of West Jefferson, NC. Landcover in the area consists of mixed hardwood conifer, managed herbaceous cover, and mixed upland hardwoods. The property is used as a Christmas Tree farm. Surrounding land use is primarily rural residential with some agricultural use. River banks at the property are moderately to severely eroded due to the lack of vegetative buffer along stream 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No 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: 272 If of South Fork New River 4h. Explain the purpose of the proposed project: * To repair and stabilize eroding banks by re-establishing proper bank profiles through bank reshaping and with 2 in -stream structures and to improve water quality. To improve habitat for aquatic fauna and to improve the overall condition of the riparian areas at the site. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Eroding banks will be reshaped to approximately 2:1, or flatter and planted with native vegetation. Two (2) rock vanes will be constructed to divert the thalwag back to the center of the stream. During construction a track hoe will do the work from the bank, although the track hoe may have to access the stream to construct the end of the rock vanes. After construction the bank will be seeded with native grass seed and sloped bank will be covered with erosion control matting and anchored with live stakes and landscape staples. Flat areas will be seeded and mulched with straw. All areas will be planted with live stakes (Silky Willow, Salix Sericea) (Silky Dogwood, Cornus amomum) (Elderberry, Sambucus canadensis) along with native rhododendron mtn laurel and riverbirch 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: No Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown 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?* Yes No 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? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Open Waters 3. Stream Impacts Streams -tributaries Pond Construction 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* S1 Stabilization Permanent Bank Stabilization South Fork New River Perennial Both 117 Average (feet) 252 (linear feet) S2 Rock Vane Permanent Bank Stabilization South Fork New River Perennial Both 117 Average (feet) 10 (linear feet) S3 Rock Vane Permanent Bank Stabilization South Fork New River Perennial Both 117 Average (feet) 10 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 272 3i. Total temporary stream impacts: 0 3i. Total stream and ditch impacts: 272 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: This project will stabilize 272 If of eroding stream bank, reduce stream bank erosion, reduce in -stream sediment loads and improve in -stream aquatic habitats. Stream aesthetics will be improved with the establishment of a well vegetated and functioning riparian zone. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: During construction, equipment will only access the stream when absolutely necessary. For this project, it is anticipated that most of the track hoe work can be accomplished from the top of the bank. However, equipment may need access the stream during the construction when no other construction alternative exists. Soil disturbance will be limited to what can seeded and stabilized in one day. Banks will be seeded, and coir matting will be placed and anchored with wooden stakes. Flat areas will be seeded and covered with straw. 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 No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: 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? Yes No If no, explain why: 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No Comments: 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?* Yes No 1 b. 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 (North Carolina) Environmental Policy Act (NEPA/SEPA)?* Yes No Comments: * na 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)?* Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No 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?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 5i. 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.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? www.fws.gov/nc-es/es/countyfr.html 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * ocean.floridamarine.org/efhcoral/ims/viewer.htm 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?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* http://www.hpo.ncdcr.gov/nrlist.htm 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8b. If yes, explain how project meets FEMA requirements: The project will not impede flood waters. 8c. What source(s) did you use to make the floodplain determination?* msc.fema.gov/portal/search#searchresultsanchor 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 agent authorization.PDF 123.03KB new river conservancy 163.pdf 258.67KB pics.pdf 379.61KB Site Plan-converted.pdf 188.88KB topo (1).pdf 2.62MB topo2 (2).pdf 376.48KB File must be PDF or KMZ Comments Signature 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: Glen Sullivan Signature Date 8/25/2022 I, L, za. 7L4 andelWOOVdesignate Glen Sullivan of Foggy Mountain Nursery to act as my duly authorized agent concerning all US Army Corps of Engineers and NC DENR permitting regarding the stream bank restoration project on my property in _.County, NC. Name Address Jett) /i✓.22 e.6rrs�'��t��y PO J8 )d/896, tiles-e-cfsdsi1 A)c a#69 P(6- 60767 Phone number Fax number 4kg- h z4,b e i g Sri v-r ao fiseA,va/n iewri v-etv/15e,e1/al9eJf. 9fq E-mail address `J .J 6 ra 60 0 60 120 180 GRAPHIC SCALE FEET KEY: Bank resloping 1 1 1 1 1 Rock Vane Rock Steps Note: All work areas are approximate Aproxin te Property Lin opertyine O 9 r. CD \7� =11111 11\___ 1iIIIIIIITIi�ill 1=1 N SUMMARY TABLE ACTIVITY REACH Reach Length 272 Feet No. Instream Structures 2 Length (in ft) Impacted by Instream Structures 10 Length (in ft) of Streambank Sloping 272 Length (in ft) of Live Stake Planting 272 Riparian Buffer Planting (Acres) 0.31 Area Disturbed During Construction (Acres) 0.09 "Rock Steps @ 1+40 Rock Vane @ 2+16 SOUTH FORK NEW RIVER 00 x0 Rock Vane @ 0+51 SITE PLAN \ew River Conservancy 63 C-o*ec OBIDS TOWNSHIP — ASHE COUNTY — NORTH CAROLINA DATE: January 28th 2022 JOB No. New River Conservancy Foggy Mountain Nursery 2251 ED LITTLE ROAD CRESTON NC 28615 Tel: (336) 384-5323 Station 0+00 —1+00 Station 1+40 3tation1+OO 0+50 Station 1+50 -2+70 FIGURE 5. Typical bank reshaping and revegetation plan. Cross-section view before work (existing condition) )1,\Lia0 \\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\ \ \\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\ \ \\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\ \ \\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\ ti�ttitittiti \\\\\\\\\\\\\ \\\\\\\\\\\ \\\\\\\\\ \\\\\ Cross-section view after work Pasture grasses, little valve for bank stabilization or stream shading. Vertical bank showing area to be reshaped. Rooted trees, 2' to 6' tall. Herbaceous vegetation. Live stakes 18" to 24" in length. Erosion control blanket 4 - 8 ft wide, anchored with wooden stakes/live stakes. Water level FIGURE 6. Typical rock vane structure showing plan and cross-section views. Photograph shows a rock vane constructed in the South Fork New River at the Wagoner Road Access, New River State Park. PLAN VIEW CROSS-SECTION VIEW Bankfull elevation 2 Site rL r \