HomeMy WebLinkAbout20221220 Ver 1_ePCN Application_20220906DWR
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:
4/20/2022
BIMS # Assigned* Version#*
20221220 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
What amout is owed?*
$240.00
$570.00
Reviewing Office* Select Project Reviewer*
Asheville Regional Office - (828) 296-4500 Andrew Moore:eads\awmoore3
Information for Initial Review
la. Name of project:
Possum Trot Creek Daylighting and Stream Restoration
la. Who is the Primary Contact?*
Zan Price
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
zan@jenningsenv.com (828)712-9194
Date Submitted
9/6/2022
Nearest Body of Water
Possum Trot Creek
Basin
French Broad
Water Classification
C; Tr
Site Coordinates
Latitude:
35.898639
A. Processing Information
County (or Counties) where the project is located:
Yancey
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No
Longitude:
-82.444044
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: 27 - Restoration
NWP Numbers (for multiple NWPS):
18
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:
PAGE, SHERI LEE
2b. Deed book and page no.:
806/35
2c. Contact Person:
2d. Address
Street Address
3301 POSSUM TROT RD
Address Line 2
City
Burnsville
Postal /Zip Code
28714
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No
2e. Telephone Number: 2f. Fax Number:
(443)985-0723
2g. Email Address: *
page sheri @ya hoo.com
4. Agent/Consultant (if applicable)
4a. Name:
Zan Price
4b. Business Name:
Jennings Environmental
4c. Address
Street Address
7 Samuel Ashe Drive
Address Line 2
City
Asheville
Postal / Zip Code
28805
4d. Telephone Number:
(828)712-9194
4f. Email Address: *
zan@jenningsenv.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:
Burnsville
2. Project Identification
2a. Property Identification Number:
977900984877000
2c. Project Address
Street Address
3301 POSSUM TROT RD
Address Line 2
City
Burnsville
Postal / Zip Code
28714
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Possum Trot Creek
3b. Water Resources Classification of nearest receiving water: *
C; Tr
3c. What river basin(s) is your project located in?*
French Broad
3d. Please provide the 12-digit HUC in which the project is located.
060101080305
4. Project Description and History
2b. Property size:
8.11
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 current land use in the vicinity of the project is rural residential.
A previous property owner culverted approximately 300 feet of Possum Trot Creek and 275 feet of an unnamed tributary (UT) to Possum Trot Creek on the subject property.
The drainage area at the project site is approximately 0.25 square miles for Possum Trot Creek and 0.06 sq miles for the UT. See attached existing condition photographs and USGS
streamstats reports.
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:
NA
4g. List the total estimated linear feet of all existing streams on the property:
1,100
4h. Explain the purpose of the proposed project: *
The goal of the proposed stream restoration project is to improve water quality and aquatic life by restoring the channel, adjacent floodplain, and riparian buffers within Possum Trot Creek.
The project is located approximately within 5.5 miles upstream of designated critical habitat for the federally endangered Appalachian elktoe (Alasmidonta raveneliana) mussel. Improving
water quality and habitat by daylighting the stream, removing aquatic organism passage barriers, and protecting the riverbanks by planting native vegetation will provide direct benefits to
downstream Appalachian elktoe, and other species of concem.
This project is being funding by the Partners for Fish and Wildlife Program and match from the property owner.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The Possum Trot Stream Restoration project proposes to daylight (Le. remove culvert and restore a natural stream) the main branch of Possum Trot Creek and an un-named tributary (UT)
on the subject property. Restoration practices include removing two barriers (culverts) and restoring hydrological function of floodplains adjacent to the stream. After daylighting the stream,
Blue Ridge RC&D and the landowner propose to bio-stabilize a 50-foot riparian buffer utilizing native trees and shrubs, to protect the stream banks, filter runoff, and shade the stream.
A 20-ft crossing will be installed on the UT so that the property owner can access the field on the eastern side of the tributary.
Work will be completed using tracked excavators and dump trucks by a qualified stream restoration contractor. Equipment will be well maintained, cleaned prior to mobilization, and
checked daily for leaks of petroleum products. Fueling operations shall be performed in an area away from all surface waters.
Work will be completed in the dry by working on offline channels and/or utilizing a pump around. Channels will be stabilized prior to turning the baseflow into the channel.
See attached plan sheets for additional details.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Comments:
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
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?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
3. Stream Impacts
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
Restoration/Daylighting
Permanent
Stabilization
Possum Trot
Perennial
Both
7
Average (feet)
375
(linear feet)
S2
Restoration/Daylighting
Permanent
Stabilization
UT Possum Trot
Perennial
Both
4
Average (feet)
310
(linear feet)
S3
Crossing
Permanent
Culvert
UT Possum Trot
Perennial
Both
4
Average (feet)
20
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
705
3i. Total stream and ditch impacts:
705
3j. Comments:
See attached plan set
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
0
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Restoration practices include removing two aquatic barriers (culverts), restoring hydrological function of floodplains adjacent to the stream, and planting
a permanent native riparian buffer.
Impacts were minimized by locating the new streams away from the existing culverts so that the stream channels could be constructed in the dry.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
New channels will be constructed in the dry. Water will not be turned into the channels until the new channel is stabilized with natural coir matting and/or
sod transplants. A pump around will be used if needed.
Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks.
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:
Proposed stream daylighting 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?
Yes No
If no, explain why:
French Broad River basin
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:
Stream restoration project. No new impervious area
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: *
Project below thresholds for requiring an environmental document
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.
Project will not result in a change in adjacent land uses.
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
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
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?
Laura Fogo with USFW. See attached INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM
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? *
NOAA EFH Mapper
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?*
See attached comment letter from SHPO
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination?*
NC FRIS
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 Auth Form_Signed.pdf 758.56KB
Possum Trot Existing Condition_Aerial.pdf 2.45MB
Existing Condition Photographs.pdf 362.36KB
StreamStats_ Main stem.pdf 137KB
StreamStats_ Trib.pdf 151.85KB
20220830_1542350396321Soil Map.pdf 330.19KB
Intra Service Section 7_BRRCD_Possum Trot Creek_July 7_ 21_final_signed.pdf 682.36KB
ER-21-3168.pdf 132.65KB
0703_POSSOM_TROT_PERMIT_DRAWING_02SEP2022.pdf 11.12MB
File must be PDF or KMZ
Comments
Supporting Attachments:
Agent Auth Form Signed
Sheri Page plant list_Possum Trot Stream Restoration_8_3_22
Possum Trot Existing Condition Aerial
Existing Condition Photographs
StreamStats_ Main stem
StreamStats_ Trib
20220830_15423503963_21_Soil_Map
INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM
ER-21-3168 - SHPO Comment Letter
0703_POSSOM_TROT_PERMIT_DRAWING_02SEP2022
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:
Zan Price
Signature
Date
9/6/2022