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HomeMy WebLinkAbout20221001 Ver 2_401 Application_20220720Staff Review Form NORTH CAROLINA Envlronm¢ntcl Qvofiry Updated September 4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID# * 20221001 Version* 2 Is this project a public transportation project?* Reviewer List:* Select Reviewing Office: * Submittal Type:* Yes • No Amy Annino:eads\amannino Asheville Regional Office - (828) 296-4500 401 Application Does this project require a request for payment to be sent?* Yes No How much is owed?* $240.00 $570.00 Project Submittal Form * Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * For the Record Only (Courtesy Copy) New Project Modification/New Project with Existing ID More Information Response Other Agency Comments Pre -Application Submittal Re-Issuance\Renewal Request Stream or Buffer Appeal Pre -Filing Meeting Date Request was submitted on: 6/6/2022 Project Contact Information Name: Stephen F Metcalf Who is submitting the information? Email Address: sfinetcalf@mindspring.com Project Information Project Name: Bank Stabilization Is this a public transportation project? Yes No Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown County (ies) Jackson Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document DWR Pre -Construction Notification (PCN) Form.pdf Pre Const Notification Form1-4-2009interactive- reader-enabled2013-06 (2).pdf Only pdf or kmz files are accepted. 377.58KB 741.79KB Describe the attachments or comments: 1.Bank stabilization barrier of a staked netting system, large rock anchors, live stakes as proposed by USACE 2. Netting system will be manually installed and staked from the bank as much as possible. Plan to minimize water contact 3. Rocks will be installed from the top of the bank and placed one at a time utilizing an excavator located on the horizontal land above the bank. 4. Except for the excavator moving rock to the bank face, all work will be done manually on the river bank with little impact to the river. Some rock will be placed in the river as foundation for the rock wall. The rock wall will be dry laid one on top of the other with no cement or concrete utilized. Sign and Submit By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, 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 agree that submission of this online 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 online form. Signature: e4e,pete,,e 9(7-ifeee,e Submittal Date: 07/20/2022 Is filled in automatically. DWR IDIOM— of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https://edocs.deq.nc.govfVVaterResources/0/edoc/624704/PCN / 20Help/ 20File/ 202018-1-30.pdf A. Processing Information O Pre -Filing Meeting Date Request was submitted on: 6/6/2022 If this is a courtesy copy, please fill in this with the submission date. County (or Counties) where the project is located:" Jackson Is this a NCDMS Project" 0Yes ONo Click Yes, only if NCD MS is the applicant or co -applicant. Is this project a public transportation project?" O Yes OO No This is any publicly funded by municipal,state or federal funds road, rail, airport transportation project. la. Type(s) of approval sought from the Corps:" ❑O 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?" O Yes O No 1 b. What type(s) of permit(s) do you wish to seek authorization?" ❑O Nationwide Permit (NWP) ❑ Regional General Permit (RGP) ❑ Standard (IP) 1c. 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): 401 404 List all NVV numbers you are applying for not on the drop down list. 1 d. Type(s) of approval sought from the DWR: check all that apply ❑O 401 Water Quality Certification - Regular ❑ 401 Water Quality Certification - Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑ Individual 401 Water Quality Certification 1e. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: O Yes O No For the record only for Corps Permit: Q Yes 0 No 1f. Is this an after -the -fact permit application?" Yes O No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. O Yes OO No Acceptance Letter Attachment Click the upload button or drag and drop files hereto attach document FILE TYPE MUST BE PDF 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?" 0Yes ONo Linkto trout information: http://www.saw.usace.army.miI/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout.aspx B. Applicant Information 1a. Who is the Primary Contact?" Stephen F. Metcalf 1c. Primary Contact Phone:" 1 b. Primary Contact Email" (xxx)xxx-xxxx sfinetcalf@mindspring.com (828)399-9677 1d. Who is applying for the permit?" Owner O Applicant (other than owner) (Check all that apply) 1e. Is there an AgentlConsultant for this project?" vYes �)No 2. Owner Information 2a. Name(s) on recorded deed:" Stephen F. Metcalf & Wife 2b. Deed book and page no.: Book 1198 Page 32 2c. Contact Person: (for Corporations) 2d.Address* Street Address 508 S. Wayehutta Road Address Line 2 City State / Province / Region Cullowhee North Carolina Postal /Zip Code Country 28723 USA 2e. Telephone Number:" (xxx)xxx-xxxx (828)399-9677 2f. Fax Number: 2g. Email Address:" sfmetcalf@mindspring.com C. Project Information and Prior Project History 1. Project Information 1a. Name of project:" Metcalf Bank Stabilization 1b. Subdivision name: (if appropriate) u U lJ 1c. Nearest municipality/town:" Cullowhee 2. Project Identification lJ 2a. Property Identification Number: 2b. Property size: (tax PIN or parcel ID) (in acres) 7559-82-9975 0.9 2c. Project Address Street Address 508 S. Wayehutta Road Address Line 2 City State / Province / Region Cullowhee NC Postal /Zip Code Country 28723 USA 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how the location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude:" Longitude:" 35.30781-83.16019 ex: 34.208504-77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" Tuckaseegee River 3b. Water Resources Classification of nearest receiving water:" WS-I I I, B,Tr Surface Water Lookup 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." 06010203 River Basin Lookup 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:" PROJECT AREA *19A part of Tuckasee River. Cleared .27A property adjacent to Tuckaseegee River.. 0.44A across South Wayahutta Road with house *Land undeveloped adjacent to Tuckaseegee. GENERAL LAND USE *Residential area. Some homes located adjacent to the Tuckaseegee and some such as mine have property adjacent to the river with homes set back some distance 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?" O Yes OO No O Unknown 4f. List the total estimated acreage of all existing wetlands on the property: No wetlands 4g. List the total estimated linear feet of all existing streams on the property: (intermittent and perennial) 118.75 (survey) 4h. Explain the purpose of the proposed project:" Bank stabilization 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: 1.Bank stabilization barrier of a staked netting system, large rock anchors, live stakes as proposed by USACE 2. Netting system will be manually installed and staked from the bank as much as possible. Plan to minimize water contact 3. Rocks will be installed from the top of the bank and placed one at a time utilizing an excavator located on the horizontal land above the bank. 4. Except for the excavator moving rock to the bank face, all work will be done manually on the river bank with little impact to the river. Some rock will be placed in the river as foundation for the rock wall. The rock wall will be dry laid one on top of the other with no cement or concrete utilized. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?" Yes No 0 Unknown Comments: Tuckaseegee River 5b. If the Corps made a jurisdictional determination, what type of determination was made?" O Preliminary O Approved O Not Verified O Unknown O N/A Corps AID Number: Example: SAW-2017-99999 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR. Preliminary approval per David Brown USACE Regulatory Specialist via email sent 3/2/22. Per email, project authorized under Nationwide Permit 13 for bank stabilization. Specifics of requirements outlined in the email. Mr. Brown required contact with DWR for review of 401 requirements to be approved before construction is initiated. Copy of PCN application attached to this application. 6. Future Project Plans 6a. Is this a phased project?" Yes O 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 projector related activity? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. no D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): ❑ Wetlands J Streams -tributaries Buffers r- Open Waters O Pond Construction 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. "S." will be used in the table below to represent the word "stream". 3a. Reason for im pact" (?) 3b.lmpact type" 3c. Type of impact" 3d. S. name" 3e. Stream Type" M 3f. Type of Jurisdiction" 3g. S. width" 3h. Impact length" S1 Bank Stabilization Permanent Bank Stabilization Tuckaseegee Perennial Both 140 Average (feet) 119 (linear feet) ** All Perennial or Intermittent streams must be verified by DWR or delegated local government. 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 119 3i. Total temporary stream impacts: 0 3i. Total stream and ditch impacts: 119 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:" 1. USACE contact and preliminary approval 2. Review of PCN requirements. 3. Review of construction requirements and plans to reduce river impact V 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:" 1. Reduce or avoid river contact as much as possible. 2. Use minimal heavy equipment except to move and locate large rocks for bank stabilization. 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? C Yes No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Not a watershed or located on ocean shore NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website. F. Stormwater Management and Diffuse Flow Plan (required by DWR) *** Recent changes to the stormwater rules have required updates to this section .*** 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? u Yes No For a list of options to meet the diffuse flow requirements, click here. If no, explain why: Land adjacent to the river bank has not been disturbed. Two large trees will remain on river bank. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?" to Yes � No Comments: There are no structures on this .27A property next to the river There is a house across the street which is part of the property which is 1200 square feet on one level. Property consists of .27A adjacent to Tuckeseegee River and .44A across a gravel road = .71 A = 30927.6 square feet 1200 / 30927.6 = 0.039 = 3.9 G. Supplementary Information 1. Environmental Documentation 1a. 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 (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?" Yes " No 3b. If you answered "no," provide a short narrative description. no other permanent construction planned for this property 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?" u Yes V No c9 N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) u 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 C- No 5d. Is another Federal agency involved?" Yes No 5e. Is this a DOT project located within Division's 1-8?" O Yes 0• No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.?" O Yes 0• No 5g. Does this project involve bridge maintenance or removal?" O Yes 0• No Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf 5h. Does this project involve the construction/installation of a wind turbine(s)?*" O Yes 0• No O Unknown 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized piledrivers, etc.?" O Yes 0• No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?" Internet search Adjacent subdivision call River Club has structures and land similar to my bank stabilization project. 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?" NOAA had none listed in western NC 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/h/hpoweb/ 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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)?" O Yes 0• No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?" internet search 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https:Hmsc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-yearfloodplain?" Yes No 8b. Ifyes, explain how project meets FEMA requirements: The only permanent structure in 100 flood plain is small corner of existing structure. Bank stabilization will be designed to minimize 100 flood damage as much as possible. 8c. What source(s) did you use to make the floodplain determination?" Survey of property and, as a result, compliance with insured property in 100 year flood plain Miscellaneous Comments PCN for DWR requirements attached. U 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 Pre Const Notification Forml-4-2009interactive-reader-enabled2013-06 (2).pdf 741.79KB File must be PDF or KMZ 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. • have given true, accurate, and complete information on this form; • 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:" Stephen F. Metcalf Signature" a, Si�V ewleaw Date 6/6/2022 w A rE�QG T. Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑ Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑ 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑ No For the record only for Corps Permit: ❑ Yes ❑ No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑ No 2. Project Information 2a. Name of project: 2b. County: 2c. Nearest municipality / town: 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1 b. Site coordinates (in decimal degrees): Latitude: Longitude: 1c. Property size: acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: 2b. Water Quality Classification of nearest receiving water: 2c. River basin: 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: 3b. List the total estimated acreage of all existing wetlands on the property: 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3d. Explain the purpose of the proposed project: 3e. Describe the overall project in detail, including the type of equipment to be used: 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases)in the past? ❑ Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑Yes ❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑ No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ❑ Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 Choose one Choose one Yes/No - W2 Choose one Choose one Yes/No W3 Choose one Choose one Yes/No W4 Choose one Choose one Yes/No W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 Choose one S2 Choose one S3 Choose one S4 Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose 02 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 Yes/No B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. 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 yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 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. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ❑ No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ❑ Yes ❑ No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 2b. Does this project require a Stormwater Management Plan? ❑ Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): ❑ Phase II ❑ NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑Yes ❑ No 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): ❑Coastal counties ❑HQW ❑ORW ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ❑ No use of public (federal/state) land? 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 ❑Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, []Yes ❑ No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes ❑ No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes ❑ No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Page 9 of 10 PCN Form — Version 1.4 January 2009 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. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑ No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? ❑ Yes ❑ No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? 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: 8c. What source(s) did you use to make the floodplain determination? Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10