HomeMy WebLinkAbout20230404 Ver 1_ePCN Application_20230316DWR
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:
2/2/2023
BIMS # Assigned * Version#*
20230404 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*
Seren Homer:Seren.Homer@ncdenr.gov
la. Name of project:
Mitchell Poe Project (North Fork)
la. Who is the Primary Contact?*
Glen Sullivan
1b. Primary Contact Email: *
foggymtn@skybest.com
Date Submitted
3/16/2023
Nearest Body of Water
North Fork New River
Basin
New
Water Classification
C;ORW
Site Coordinates
Latitude:
36.4654
A. Processing Information
Longitude:
-81.5616
lc. Primary Contact Phone: *
(336)384-5323
Is this project connected with ARPA funding?
Yes No
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
1b. 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:
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
lh. 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:
Cardinal Land Holdings LLC
2b. Deed book and page no.:
332/2427
2c. Contact Person:
Mitchell Poe
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
2d. Address
Street Address
P.O.Box 985
Address Line 2
City
West Jefferson
Postal / Zip Code
28694
State / Province / Region
NC
Country
US
2e. Telephone Number: 2f. Fax Number:
(336)877-7185
2g. Email Address:*
cardinaltree@skybest.com
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
Creston
Postal / Zip Code
28615
4d. Telephone Number:
(336)384-5323
4f. Email Address: *
foggymtn@skybest.com
C. Project Information and Prior Project History
State / Province / Region
NC
Country
US
4e. Fax Number:
1. Project Information
1b. Subdivision name:
(if appropriate)
N/A
lc. Nearest municipality / town:
Warrensville
2. Project Identification
2a. Property Identification Number:
02143061
2c. Project Address
Street Address
Address Line 2
City
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
North Fork New River
3b. Water Resources Classification of nearest receiving water: *
C;ORW
3c. What river basin(s) is your project located in?*
New
2b. Property size:
3.5
State / Province / Region
Country
3d. Please provide the 12-digit HUC in which the project is located.
050500010106
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: *
The project site is located along the North Fork of the New River west of Warrensville, NC. A sediment deposit on the opposite side of river has directed the thalwag to the bank.
The bank is eroded due to the pressure of the water and the lack of vegetation
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:
566 If of the North 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, to improve water quality. To improve habitat for
aquatic fauna and to improve the overall condition of the riparian areas at the site
4i. 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. One (1) rock vane and one (1) log vane 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 river birch
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*
Si
Stabilization
Permanent
Bank Stabilization
North Fork New River
Perennial
Both
93
Average (feet)
510
(linear feet)
S2
Rock Vane
Permanent
Bank Stabilization
North Fork New River
Perennial
Both
93
Average (feet)
10
(linear feet)
S3
Log Vane
Permanent
Bank Stabilization
North Fork New River
Perennial
Both
93
Average (feet)
10
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
530 0
3i. Total stream and ditch impacts:
530
3j. Comments:
E. Impact Justification and Mitigation O
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
This project will stabilize 530 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.
1b. 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
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 28 .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
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? *
www.fws.gov/nc-es/es/countyfr.html
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? *
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? *
msclema.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
pics.pdf
poe North fork.pdf
Site Plan-converted.pdf
Topo1 (6).pdf
topo2 (10).pdf
File must be PDF or KMZ
Comments
1.27MB
492.56KB
206.86KB
188.88KB
11.37MB
226.85KB
Signature 6
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
r! z'P.ril/2nr
Date
3/16/2023
Mitchell L Poe designate 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 Ashe County, NC.
Mitchell L Poe
Name
PO Box 985 West Jefferson NC 28694
Address
336-877-7185
phone number
cardinaltree@skybest.com
E-mail address
Signature
336846-3368
Fax number
2/23
Date
Mitchell L Poe designate 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 Ashe County, NC.
Mitchefl L Poe
Name
PO Box 985 West Jefferson NC 28694
Address
336-877-7185
Phone number
ca rd i naltree@skybest.com
E-mail address
336-846-3368
Fax number
Signature Date
Station 5+30— 4+00
Station 4+00 — 5+30
Station 4+00
Station 2+00-4+00
Station 1+00-0+00
Station 3+OO—O+OO
SUMMARY TABLE
ACTIVITY
REACH
Reach Length
530 Feet
No. Instream Structures
2
Length (In ft) Impacted
by Instream Structures
20
Length (in R) of Streambank
Sloping
530
Length (in ft) of Live Stake
Planting
530
Riparian Buffer Planting (Acres)
0.18
Area Disturbed During
Construction (Acres)
0.30
LEGEND:
Bank resloping
Rock Vane
Net
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DATE: March 1st 2023
JOB No. poe north fork
Foggy Mountain Nursery
2251 ED LITTLE ROAD CRESTON NC 28615 Tel: (336) 384-5323
FIGURE 5. Typical bank reshaping and revegetation plan.
Cross-section view before work (existing condition)
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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
USGS U.S. DEPARTMENT OF THE INTERIOR
U.S. GEOLOGICAL SURVEY
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