20230499 Ver 1_ePCN Application_20230331

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Non DOT Initial Review I Laserfiche Forms
1 1
II II
DWR
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#*
20230499 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 Andrew
- [phone] Moore:[e-mail]
Information for Initial Review
la. Name of project:
Fortune Stream Restoration
la. Who is the Primary Contact?*
Julie Bernstorf
1 b. Primary Contact Email:*
jbernstorf@wildlandseng.
com
Date Submitted
3/31/2023
Nearest Body of Water
Broad River
Basin
Broad
lc. Primary Contact Phone:*
[phone]
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Water Classification
C; Tr
Site Coordinates
..........................................................................
Latitude:
35.568319
Longitude:
-82.298910
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Buncombe
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:
NWP Numbers (for multiple NWPS):
27 - Restoration
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
401 Water Quality Certification - Express
Riparian Buffer Authorization
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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:
Yes No
Yes No
1f. Is this an after -the -fact permit application?*
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. 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
1 j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an AgentlConsultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Sadie E Clements, Charles M Fortune III, Sandra
Ownbey Fortune
2b. Deed book and page no.:
6255/1651
2c. Contact Person:
2d. Address
Street Address
34 Chestnut Hill Road
Address Line 2
City State / Province / Region
Black Mountain NC
Postal / Zip Code Country
28711 USA
2e. Telephone Number:
[phone]
2f. Fax Number:
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2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Julie Bernstorf
3b. Business Name:
Wildlands Engineering, Inc.
3c. Address
Street Address
167-B Haywood Road
Address Line 2
City State / Province / Region
Asheville NC
Postal / Zip Code Country
28806 USA
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
3e. Fax Number:
C. Project Information and Prior Project History
1. Project Information
1 b. Subdivision name:
(if appropriate)
lc. Nearest municipality 1 town:
Black Mountain
2. Project Identification
2a. Property Identification Number:
061797024900000
2c. Project Address
Street Address
34 Chestnut Hill Road
Address Line 2
2b. Property size:
78.68
City State / Province / Region
Black Mountain NC
Postal / Zip Code Country
28711 USA
3. Surface Waters
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3a. Name of the nearest body of water to proposed project: *
Broad River
3b. Water Resources Classification of nearest receiving water:*
C; Tr
3c. What river basin(s) is your project located in?*
Broad
3d. Please provide the 12-digit HUC in which the project is located.
030501050301
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 Broad River on the Site encompasses approximately 316 feet of stream between the Chestnut Hill
Road culvert and the owner's driveway culvert. The stream has a tight meander that is eroding and a
large point bar on the outside of the bend.
The Project proposes to address site specific bank erosion, channel widening and migration concerns
on approximately 220 linear feet (LF) of the Broad River. The project will focus on a sharp bend along
the Broad River that is currently eroding the streambank and migrating into a hay field toward an
adjacent landowner's house and driveway.
The floodplain adjacent to the stream is being used for hay production. There are no trees or wetlands
within the proposed Limits of Disturbance.
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:
5700
4h. Explain the purpose of the proposed project: *
To address bank erosion and migration concern at the site using a combination of bank grading, bench
grading and instream structures. This bank stabilization will decrease downstream sedimentation and
thereby improve water quality within the Broad River.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be
used:*
There are no indirect impacts. The project activities will stabilize eroding banks with bank grading and
toe stabilization measures. Onsite boulders will be used to narrow the channel to reference dimensions.
After completion of the project any impacted areas will be reseeded and 25' average streambank buffer
will be planted with native riparian seed mix, existing transplants, livestakes and other plant material
(during the subsequent dormant season). The project will be constructed with a medium-sized
excavator with hydraulic thumb and a track/wheeled earth moving machinery.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
No Unknown
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Comments:
The proposed impact area has been assessed. Streams
are perennial. No wetlands are present within the impact
area.
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved U Not Verified u Unknown O N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Jessica Waller
Agency/Consultant Wildlands Engineering, Inc.
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?
There are no other permits or project components except those provided on the plans.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Streams -tributaries Buffers
Pond Construction
Wetlands
Open Waters
3. Stream Impacts
3a. Reason for
impact (7)
3b.Impact
type*
3c. Type of
impact*
3d. S. name*
3e.
Stream
Type* (7)
3f. Type of
Jurisdiction
3g. S.
width
3h.
Impact
length*
si
Stream
Restoration
Tempor
ary
Bank
Stabilizatio
n
Broad River
Perenni
al
Both
10
Average
(feet)
220
(linear
feet)
3i. Total jurisdictional ditch impact in square feet:
0
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3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
0 220
3i. Total stream and ditch impacts:
220
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:
N/a - this is a stream restoration project.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through
construction techniques:
Construction phase impacts will be minimized through best management practices.
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:
N/a - this is a stream restoration 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:
Site is not located in a buffer regulated watershed
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:
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G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federallstatellocal) funds or the use of public
(federallstate) 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 (NEPAISEPA)?*
Yes No
Comments: *
project is funded by Soil and Water District
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?*
L Yes No
3b. If you answered "no," provide a short narrative description.
The land is privately owned and there is a house adjacent to the stream. The stream
itself will not be moved.
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
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5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
Yes
No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
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 constructionlinstallation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, andlor (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?
NCNHP database
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?*
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?*
http://gis.ncdcr.gov/hpoweb/ and NCNHP report
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
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8c. What source(s) did you use to make the floodplain determination?*
FIRM panel 3710060600J indicates the area is Zone X and not regulated by FEMA
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
Fortune_Stream_NCDWQ.pdf 30.01 KB
Fortune_NCNHP_Project_Report_NRCS_Generated_0... 1022.7KB
Fortune - USFWS Scoping Letter.pdf 3.36MB
Fortune Site Photos.pdf 1.15MB
Fortune_PJDForm.pdf 211.98KB
Buncombe SWCD Fortune Site Plans 3.31.23.pdf 2.37MB
File must be PDF or KMZ
Comments
Scoping letters have been provided to SHPO and USFWS on 3/23/23 and are uploaded below for
reference.
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:
Julie Michelle Bernstorf
Signature
efeeeretwaiwje
Date
3/31/2023
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