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HomeMy WebLinkAbout20230016 Ver 1_ePCN Application_20221228DWR 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: 12/28/2022 BIMS # Assigned* Version#* 20230016 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Andrew Moore:eads\awmoore3 Information for Initial Review la. Name of project: COURTESY COPY Annabelle's Haven la. Who is the Primary Contact?* Mary Honeycutt Reviewing Office* Asheville Regional Office - (828) 296-4500 1 b. Primary Contact Email:* lc. Primary Contact Phone:* shepardway@outlook.com (828)719-8651 Date Submitted 12/28/2022 Nearest Body of Water Cane River Basin French Broad Water Classification WS-II;Trout,HQW Site Coordinates Latitude: 35.872 Longitude: 82.297 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 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 Are you a federal applicant?* Yes No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act. * This is not a federal application Nationwide Permit (NWP) Number: 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: If. 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 Id. 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: Annabelle's Haven 2b. Deed book and page no.: 446/787 2c. Contact Person: Mary Honeycutt 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d. Address Street Address 201 Shepard Way Address Line 2 City Burnsville Postal / Zip Code 28714 2e. Telephone Number: (828)719-8651 2g. Email Address: * shepardway@outlook.com 3. Applicant Information (if different from owner) 3a. Name: Annabelle's Heaven 3b. Business Name: Annabelle's Haven 3c. Address Street Address 105 Serenity Lane Address Line 2 City Burnsville Postal / Zip Code 28714 3d. Telephone Number: (828)719-8651 3f. Email Address: * mary@annabelleshaven.com 4. Agent/Consultant (if applicable) 4a. Name: Mary Honeycutt 4b. Business Name: 4c. Address Street Address 201 Shepard Way Address Line 2 City Burnsville Postal / Zip Code 28714 4d. Telephone Number: (828)719-8651 4f. Email Address:* shepardway@outlook.com C. Project Information and Prior Project History State / Province / Region North Carolina Country Yancey 2f. Fax Number: (828)536-4826 State / Province / Region North Carolina Country Yancey 3e. Fax Number: (828)536-4826 State / Province / Region North Carolina Country Yancey 4e. Fax Number: 1. Project Information 1 b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Burnsville 2. Project Identification 2a. Property Identification Number: 072800387700000 2b. Property size: 6.4 2c. Project Address Street Address 105 Serenity Lane Address Line 2 City Bumsville Postal / Zip Code 28714 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Cane River 3b. Water Resources Classification of nearest receiving water: * WS-II;Trout,HQW 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. 060101080301 4. Project Description and History State / Province / Region North Carolina Country Yancey 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: * We are in the process of building Annabelle's Haven a domestic violence shelter. We will have two buildings on site. the Culvert is original to land and needs upgraded and widen. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown 4b(2). Is Any Portion of the Work Already Complete?* Yes No If yes, describe the completed work. 4c. List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application. not related to the 404 or 401. 4f. List the total estimated acreage of all existing wetlands on the property: There is a small stream in front of property 4g. List the total estimated linear feet of all existing streams on the property: 150 ft 4h. Explain the purpose of the proposed project: * The original culvert is very old and small. We wish to extend it from 20 ft to 40 ft and to enlarge from30" to 40" 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * We will be building two buildings on site. Therefore, we will be using several equipment to build the buildings. 4k. Will this activity involve dredging in wetlands or waters?* Yes No If yes, Describe the type of dredging, the composition of the dredged material and the location of disposal area. 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? Unknown 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? no 7. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a supplemental list) none 8. Scheduling of Activity: February 2023 D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Open Waters Streams -tributaries Pond Construction 2h.Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards: 3. Stream Impacts Buffers U 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 taking old culvert out Temporary Culvert unname tributary Isolated - DWR Only Corps 4 Average (feet) 40 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 0 3i. Total stream and ditch impacts: 40 3i. Total cubic yard stream impacts:* 1 3j. Comments: 4g. Total cubic yard open water impacts:* 1 E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 40 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: We are replacing an old culvert with new one lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: We will impact only area to widen culvert 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: We are replacing culvert 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 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. There will be no additional development 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? Spoke to Sue Cameron, Fish and Wildlife Biologist from Asheville Ecological Services 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No Are there submerged aquatic vegetation (SAV) around the project vicinity?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * Talked to Andrew Moore, Environment Specialist II, Division of Water Resources 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Unknown 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?* NC State Historic Preservation office site 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?* Flood map 3710072800J 6/2/2009 zone AE,AD,AH,VE,AR 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 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: Mary Honeycutt Signature Date 12/28/2022