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HomeMy WebLinkAbout20221490 Ver 1_ePCN Application_20221026DWR 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: 9/21/2022 BIMS # Assigned* Version#* 20221490 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: Phase I Door of Hope Campus la. Who is the Primary Contact?* Joel Lenk 1 b. Primary Contact Email:* lc. Primary Contact Phone:* jlenk@quible.com (828)280-8375 Date Submitted 10/26/2022 Nearest Body of Water Wheat Creek (Stream Index: 9-29-45) Basin Broad Water Classification C Site Coordinates Latitude: Longitude: 35.297036 -82.082829 A. Processing Information County (or Counties) where the project is located: Polk 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: 14 - Linear transportation 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: Door of Hope Ministries 2b. Deed book and page no.: 204/138 2c. Contact Person: David Stoltzfus 2d. Address Street Address 1710 Lynn Road Address Line 2 City Columbus NC Postal /Zip Code 28722 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (864)804-9192 2g. Email Address:* dave4DOH@gmail.cam 3. Applicant Information (if different from owner) 3a. Name: Joel Lenk 3b. Business Name: Quible & Associates, P.C. 3c. Address Street Address 90 Church Street Address Line 2 Ste. B City Black Mountain Postal / Zip Code 28711 3d. Telephone Number: (828)280-8375 3f. Email Address: * jlenk@quible.com 4. Agent/Consultant (if applicable) 4a. Name: Joel Lenk 4b. Business Name: Quible & Associates, P.C. 4c. Address Street Address 90 Church Street Address Line 2 Ste. B City Black Mountain Postal / Zip Code 28711 4d. Telephone Number: (828)280-8375 4f. Email Address: * jlenk@quible.com C. Project Information and Prior Project History State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Tryon 2. Project Identification 2a. Property Identification Number: P104-3, P104-36 2b. Property size: 169 2c. Project Address Street Address 2595 PEA RIDGE ROAD Address Line 2 City State / Province / Region Mill Spring NC Postal / Zip Code Country 28756 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Wheat Creek (Stream Index: 9-29-45) 3b. Water Resources Classification of nearest receiving water: * C 3c. What river basin(s) is your project located in?* Broad 3d. Please provide the 12-digit HUC in which the project is located. 0305010502 4. Project Description and History 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:* Existing conditions at the site include a former homestead with agricultural areas, silviculture, soil access roads, natural gas easement and four existing —20 If stream crossings (one ford and three failing culverts) interspersed with natural areas. Land use in the vicinity of the site is a mixture of forest, residential, agricultural and commercial uses. 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: 1,912 sf 4g. List the total estimated linear feet of all existing streams on the property: 8,435 If 4h. Explain the purpose of the proposed project: * To provide stable road crossings and site access over Wheat Creek and its tributary (UT-1) for Phase 1 of this project. The crossing over UT-1 is in a location where an unstable culvert stream crossings currently exists. This project will reduce and/or remove historic and existing on going impacts and avoid and minimize temporary and permanent water quality impacts associated with the current project. Removal and reduction of existing/ongoing water quality impacts will be achieved through removal, stabilization, and restoration of existing crossings (fords and culverts) that would no longer be used. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The primary access road (Phase 1) associated within the Door of Hope Campus is proposed to cross UT-1 and Wheat Creek in two locations. The crossing over UT-1 will be provided via a 48" diameter, 69' length culvert, buried per NC DWR requirements for culvert burial (GC4346 "Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial into the streambed is not required.") Installation of the culvert will create a permanent impact to UT-1 of approximately 595 square feet (0.014 acres). Pump -around techniques will be employed before culvert installation begins to allow construction in the dry, prevent sediment from entering the stream, and maintain turbidity levels that are below the 50 NTU water quality standard for "C" class waters. A pump -around detail is provided with this PCN. Culvert head and end walls and SESC measures will be constructed per approved NC DEMLR SESC plans for the project. Care will be taken to keep sediment out of the stream and equipment will not need to be operated in the stream to install this crossing. The NC SESC approval letter is provided with this PCN. A double arched span will be used to provide a crossing for the Phase I access road over Wheat Creek. Use of the arched span structure will minimize water quality impacts resulting in a proposed permanent impact area of 223 square feet (0.005 acre) associated with the crossing. Stream flow in Wheat Creek is typically too high to allow for pump -around techniques, however they will be used at this location if conditions allow. Alternatively, coffer dams will be used to divert flow away from work areas and maintain turbidity below 50 NTU in the stream. Due to the poor existing condition of streambanks along Wheat Creek within the project area and in the vicinity of the arched span crossing, 40 linear feet (20 If above and 20 If below) of streambanks upstream and downstream of the crossing will be stabilized and restored using industry standard natural channel design techniques. A representative of Quible (and experienced stream restoration designer and project manager) will assist, observe and document existing crossing removal and restoration work. Quible will provide crossing removal documentation to NC DWR and USACE upon completion if requested. An impact drawing, modified from the approved SESC Plan, is attached and shows the proposed crossing locations and associated water quality impacts. A Pump -Around detail is included as Sheet 2 in this drawing. Approximately 60 linear feet of failing culvert at three existing crossing locations, and one 20 feet wide ford will be removed and stabilized using standard approvable streambank stabilization and restoration techniques. Pump -around systems will be set up and employed prior to existing crossing removal and work will be completed in the dry during dry weather. Soil cover over the existing crossings will be removed with care and loaded directly into loader buckets and/or truck/trailers without placing the removed material back on the ground (without double handling). Deteriorated culverts removed from the site will be disposed of properly. Removed soil material will be transported to a flat upland area of the site where silt fence will be installed around the area where the material is to be placed. Material placed within the silt -fenced area, will be graded to blend with existing terrain, and immediately stabilized with permanent and temporary grass seed, fertilizer, and wheat straw much. Stabilization of the channel and streambanks where existing crossings were removed will be graded to match the channel and banks upstream and downstream of the area, graded and compacted to a stable slope (-3:1), revegetated with an annual grain appropriate for the season, a piedmont riparian seed mix, and stabilized with 400 weight coir fabric, and a variety of live stake woody material. All seed, coir, and live stake material will be installed per manufacturer specifications and industry standards. A representative of Quible will assist, observe and document existing crossing removal work. Quible will provide crossing removal documentation to NC DWR and USACE upon completion if requested. A coir installation detail is included on Sheet 2 of the Impact Drawing. Equipment used for the project will include but may not be limited to excavators, loaders dump trucks, crane, and hand tools. A drawing based on the approved SESC Plan showing impact volumes for each crossing is provided with this PCN. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments: A PJD was issued by David Brown on June 21, 2022 (SAW-2022-01159) and is attached for reference. 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2022-01159 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Joel Lenk & Warren Eadus Quible & Associates, P.C. 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR June 21, 2022 6. Future Project Plans 6a. Is this a phased project?* Yes No 6b. If yes, explain. Future phases of this project are currently being discussed and planned. The owners understand that any future work will need to be designed and permitted (if required) once finalized. 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, not at this time. 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 Stream crossing Permanent Culvert UT-1 Perennial Both 4 Average (feet) 69 (linear feet) S2 Stream crossing Permanent Other Wheat Creek Perennial Both 30 Average (feet) 40 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 109 3i. Total stream and ditch impacts: 109 3j. Comments: Please see the attached Phase 1-Stream Crossing Impacts drawing for exact impact areas. 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: Measures taken to avoid and minimize proposed impacts through design specification include: -Placement of the new culvert crossing in an existing culvert crossing location -Culvert installation per NC DWQ guidelines (GC 4346) -Inspection by engineer/design professionals -Use of Pump -around techniques -Use of coffer dams -Use of arched span, bottomless structures -Use of an approved NC DEMLR SESC Plan -Relocation of the Wheat Creek arched span by Brooks Engineering to a narrower location than originally proposed by the developer -Proposed removal and restoration of existing impacts as permittee responsible/on-site mitigation 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Measures taken to avoid and minimize proposed impacts through construction techniques include: -Working during dry, low -flow conditions -Construction assistance and observation by design engineer and professionals -Construction of crossings per approved plans and permits -Use of pump -around techniques during construction -Removal and restoration of existing impacts 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 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 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 including mitigation credits generated. General Water Quality Certification GC4246 requires mitigation if "Total permanent impacts to streams greater than 40 linear feet. Removal and restoration of three existing crossing locations referenced above in Sections 4h and 4i will restore at least 40 linear feet of stream at each existing crossing location generating approximately 120 stream mitigation credits. Streambanks along Wheat Creek are in poor condition and are actively eroding in most locations including the location for the proposed arched span. In addition to the removal of unneeded existing ford crossing (40 linear feet of restoration), approximately 40 linear feet of streambanks upstream and downstream of the arched span crossing will be restored using accepted natural channel design techniques with assistance, observation and documentation provided by Quible. Restoration work conducted around the arched span in combination with the removal and restoration of existing crossing at the shit will generate approximately 200 stream mitigation credits proposed to off -set the proposed 109 linear feet of permanent stream impact generated by the project, nearly double the mitigation ratio required by the NWP-14 permit. 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. Yes No 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: The site does not exist within an area protected by NC Riparian Buffer Protection Rules. 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 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. This project (Phase 1) and future phases of this project will improve the condition and stability of the site and improve land quality and water quality in Wheat Creek and its tributaries. 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? None. 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? * None. 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?* None. 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?* Polk County GIS and the NC FRIS websites. 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 P22044-DOHM PCN SESC Pln Ltr of Approval.pdf 806.12KB P22044-SAW-2022-01159 DOHM USACE Notifcation of JD.pdf 2.46MB P22044-BASE.pdf 1009.94KB 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: Joel D. Lenk Signature Date 10/26/2022