HomeMy WebLinkAbout20230532 Ver 1_ePCN Application_20230414DWR
Division 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
Initial Review
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:
2/6/2023
SIMS # Assigned
20230532
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Asheville Regional Office - (828) 296-4500
Information for Initial Review
la. Name of project:
Webb/Flat Creek Streambank Stabilization
1a. Who is the Primary Contact?*
Joel Lenk
1b. Primary Contact Email: *
jlenk@quible.com
Date Submitted
4/14/2023
Nearest Body of Water
Flat Creek
Basin
French Broad
Water Classification
C;HQW
Site Coordinates
Latitude:
35.652872
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
Longitude:
-82.296353
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Moore:andrew.w.moore@ncdenr.gov
1c. Primary Contact Phone: *
(828)280-8375
a
Is this project a public transportation project?*
Yes No
1a.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)
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):
1d. 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
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
1h. 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
1d. Who is applying forthe 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:
WEBB, JAMES L/ TR JAMES L WEBB TRUST
2b. Deed book and page no.:
3682-761
2c. Contact Person:
James Webb
2d.Address
Street Address
867 Weathersfield Drive
Address Line 2
City
Dunedin
Postal / Zip Code
34698
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
FL
Country
USA
Yes No
Yes No
2e. Telephone Number:
(727)580-6701
2g. Email Address:*
jlwebb47@gmail.com
3. Applicant Information (if different from owner)
3a. Name:
Joel Lenk
3b. Business Name:
Quible & Associates, P.C.
3c.Address
Street Address
90 Church St. Ste B
Address Line 2
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 St. Ste B
Address Line 2
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
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Montreat
2. Project Identification
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2a. Property Identification Number: 2b. Property size:
072008982100000 0.23
2c. Project Address
Street Address
515 SOUTH CAROLINA TERRACE
Address Line 2
City
Montreat
Postal / Zip Code
28757
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Flat Creek
3b. Water Resources Classification of nearest receiving water:
C;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.
060101050602
4. Project Description and History
State / Province / Region
NC
Country
USA
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 on the site consist of an actively failing river -left streambank that is threatening the residence at 515 South Carolina Terrace and impacting Flat Creek with sediment and
unmitigated stormwater. General land use in the vicinity of the project is residential.
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
4g. List the total estimated linear feet of all existing streams on the property:
75
4h. Explain the purpose of the proposed project: *
The purpose of the project is to stabilize the failing river -left stream bank so that it is no longer a threat to the residence and reduces/eliminates ongoing sediment impacts to Flat Creek
from this site.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The failing streambank is proposed to be stabilized using a combination of geotechnical and bioengineering design, engineering and construction techniques. Specifically, the toe of the
streambank will be stabilized using large (min. 31 x TW x TH) locally quarried/sourced boulders that generally match bedrock outcropping in the stream. Coffer dams will be constructed
as shown and detailed in the attached Plan Set, to catch woody debris and sediment to be removed before construction, as well as any debris that falls near the river -left bank during
construction. Turbid water trapped behind the coffer dams will be pumped to a filter bag(s) placed in an in a stable upland location. Project and filter bag discharge will not result in stream
turbidity greater than 10 NTU. Boulder toe stabilization will be constructed as shown in the attached Plan and will incorporate geotechnical design elements engineered by Gentry
Geotechnical Engineering (GGE). Boulder toe will be extended upward to an elevation greater than the opposite, river -right bank (the bank of a large stable mid channel bar/island, with
another channel of Flat Creek on its opposite, north side) near the project area so that high flows can not easily access the geo-lifts proposed above the boulder toe. The proposed work
would take place on the river -left bank of the river -left channel of Flat Creek. The river -right channel currently has capacity to accommodate additional flow as it is similar or larger in cross -
sectional area than the river -left channel, but currently conveys less flow than the river -left channel. Boulder toe will not extend into the stream farther than the natural streambank
extended before the subject slope failure occurred, or any further than needed to stabilize the slope (see attached photos). Sixteen -inch height, BioD-block geo-lifts will be installed per
manufacture specifications and the attached Plans, above bolder toe stabilization. Geo-lifts will be set back as shown maximizing slope stability and channel area as site conditions allow,
and will incorporate geotextile fabric as specified by GGE. Clean fill will be carefully placed within the geo-lifts as specified and approved by GGE. Temporary cut slopes and benches
necessary for geotextile installation will be stabilized per the attached plan and per contractor implemented techniques to prevent collapse and additional impacts to water quality. Similarly,
fill will be placed within geolifts from the top of the river -left bank with rare to keep fill out of the stream. Exposed edges of geo-lifts will contain enough topsoil and nutrients to provide a
medium capable of rapid temporary and permanent vegetation establishment. Vegetation proposed for the project is specified in the Plan and includes deep rooted, stabilizing, native
varieties of herbs and shrubs that exist elsewhere along the streambank and are appropriate to the ecosystem. Equipment used for the project will include, but may not be limited to, track
mounted excavators, loaders, dump trucks, compactors, and hand tools. Equipment operating from within the stream channel will be kept to the minimum necessary to complete the
project. Equipment will be checked for leaks and cleaned before entering the stream. Equipment operating in the stream channel will be operated from clean "mud mats" so as to impact
the channel as little as possible during work. Excavation and fill placement that takes place in or near the stream will be conducted in a manner that does not result in soil fill material being
placed in or near the stream channel, meaning that excavated or fill soil will be taken from its source and placed in machine buckets, truck beds, or containers without "double handling" by
placing on the ground in or near the stream. Soil erosion and sedimentation control (SESC) measures will be installed as a first step in the project and maintained throughout project
construction. Finally, a stormwater Swale and failed stormwater pipe historically discharging to the unstable river -left streambank will be rerouted and removed respectively to eliminate
local stormwater from flowing over the vulnerable slope. Every effort will be made to protect water quality in Flat Creek and construction of the project will be monitored on a frequent and
regular basis by both Quible & Associates, P. C. and GGE. This project description is included in the Plan as a Project Narritive.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
No
Comments:
Wetlands do not exist within the project area.
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Unknown
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Joel Lenk
Agency/Consultant Company: Quible & Associates, P. C.
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.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
O
F
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
fl
Streambank Stabilization
Temporary
Bank Stabilization ]ffCZ
Perennial
Both
Average (feet)
�
75
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
0
3i. Total stream and ditch impacts:
75
3j. Comments:
3i. Total temporary stream impacts:
75
E. Impact Justification and Mitigation O
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Development of a detailed Civil and Geotechnical Bio-engineered plan to stabilize the failing streambank.
Application and receipt of all required permits from USACE, NC DWR, and the Town of Montreal before work begins.
Development of plans and specifications that clearly describe measures to be implemented to avoid and minimize temporary impacts to water quality
and that will likely enhance water quality and habitat over time including: natural channel design; SESC measures; material handling; equipment
operation; slope stabilization; etc.
Development of a plan that does not propose permanent water quality impacts.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Selection of a contractor that is licensed in the state of NC and has experience constructing natural channel design, slope stabilization, and
bioengineering projects. Provide and review plans with contractor. Conduct a preconstruction meeting(s). Make sure contractor understands the plans
and how to implement avoidance /minimization techniques. Frequent inspections by engineers to ensure construction techniques (mud mats, filter bags,
temporary and permanent slope stabilization, material handling techniques, and temporary and permanent vegetation establishment are being used.
Listening to contractor concerns and answering questions.
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:
The project does not proposed impacts that exceed State or Federal regulatory thresholds for mitigation and does not propose permanent impacts.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) O
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?
Yes No
If no, explain why:
The project does not take place within an area that NC RBPR rules apply.
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
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 result in additional development, which could impact nearby downstream water quality?
Yes No
3b. If you answered "no," provide a short narrative description.
This is an urgently needed streambank stabilization project that does not provide for any 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
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 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. Only one dead 10" DBH sweet birch (Betula lenta) that will imminently fall due to slope erosion is proposed to be cut for this project.
Q
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 Unknown
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. The project is in an area of active slope failure. Any disturbance of apparent cultural artifacts will be reported immediately to the local NC DNCR
office.
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?"
The link above, Buncombe County GIS, and NC FRIS website.
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
P22127-Webb AGENT_AUTHORIZATION_FORM completed.pdf 239.52KB
P22127-Webb Streambank Restoration Drawing Set 20230413.pdf 4.81 MB
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. Lank, P.G.
Signature
Q4
Date
4/14/2023
O