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HomeMy WebLinkAbout20230546 Ver 1_ePCN Application_20230414DW R DHlsloo 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: 3/14/2023 BIMS # Assigned 20230546 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 1a. Name of project: Gateway Trailhead, Meadow Trail 1a. Who is the Primary Contact?* Joel Lenk 1b. Primary Contact Email: * jlenk@quible.com Date Submitted 4/14/2023 Nearest Body of Water Curtis Creek Basin Catawba Water Classification C;Tr Site Coordinates Latitude: 35.655525 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: McDowell Is this a NCDMS Project Yes No Longitude: -82.178155 Version#* 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Joey Winston:Joey.Winston@ncdencgov 1c. Primary Contact Phone:* (828)280-8375 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: 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 14 - Linear transportation 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 401 Water Quality Certification - Express Riparian Buffer Authorization 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: United States of America USDA 2b. Deed book and page no.: Book 401 Page 301 2c. Contact Person: Nicolas Larson, Grandfather District Ranger 2d.Address Street Address 109 Lawing Dr Address Line 2 City State / Province / Region Nebo NC Postal / Zip Code Country 28761 USA Yes No Yes No 2e. Telephone Number: (828)652-2144 2g. Email Address:* nicholas.larson2@usda.gov 3. Applicant Information (if different from owner) 3a. Name: Joel D. Lenk, P.G. 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 D. Lenk, P.G. 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: Old Fort 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: 0752-54-3969 27,845.31 2c. Project Address Street Address Intersection of Jarret Creek (USFSR 4030) and Curtis Creek (SR 1227) Roads Address Line 2 City State / Province / Region Old Fort NC Postal / Zip Code Country 28762 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Curtis Creek 3b. Water Resources Classification of nearest receiving water: C;Tr 3c. What river basin(s) is your project located in?" Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501010101 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: " Existing conditions on the site consist of historic agricultural fields, mowed areas, and cultural trails. Land use in the vicinity is outdoor recreational associated with allowable USFS uses. The area has been historically impacted, previous to USFS ownership (circa 1989) and supports a very large and diverse abundance of exotic invasive plant species. 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: —3 acres 4g. List the total estimated linear feet of all existing streams on the property: —2 miles in the vicinity of the project 4h. Explain the purpose of the proposed project: Following provided by USFS: The Meadow Trail OVERVIEW A mile long lop trail that will pas by a large meadow, cross through a wetland area and travel along Curtis Creek with numerous aces points. GOALS 1. Create an ADA accessible, hardened surface trail for hiking/running/walking/fishing/swimming close to a parking lot and road. 2. Develop numerous points of interest (POls) along the trail to engage users with their activity of choice. POls are defined below. 3. Install an access point of entry for NC Wildlife officials in order to stock native fish species each season. 4. Restore meadow and riparian area(s). 5. Additionally, make improvements in the existing Gateway Trailhead parking lot. SPECIFICATIONS e Construct 1 mile of hardened trail tread with locally compacted clay along with imported stone and gravel as needed. Trail will have a width of 5 feet within a 10 foot corridor and 8 feet overhead. Grade of trail is between 2 % -5 % with a crown of 3 % cross slope. TBD e Construct 2-3 bridges to cross streams and dry creek beds, keeping a continuous 2 % -5 grade to avoid any potential flooding. Bridges will meet and exceed USFS standards and will require minimum maintenance for 25 years. TBD e Construct 150 foot long boardwalk through a wetland delineation (POI), providing a walkable surface with minimal damage to the area. TBD e Remove invasive species as well aggressive local flora. Removal will be conducted by means of cutting back the vegetation and using herbicide remedies to cut back growth. (this will be ongoing for several seasons/years) e Convert existing field into a native pollinator meadow (POI). Methods are cutting and grading field and planting a native garden with the NC WRC. e Construct an accessible point of entry to Curtis Creek for NC WRC officials to seasonally stock native fish species (POI). This section of trail will be located close to Curtis Creek Road and its stream bank is protected by local stone. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The project will include construction of ADA accessible boardwalks through wetland areas. The greater project area, particularly the north-northeast part of the project area, can be considered a wetland mosaic and the path of the Meadow Trail was selected to avoid and minimize stream and wetland impacts. All stream crossings will be spanned with approved USFS bridges. Boardwalks will be constructed on USFS approved foundations (details and specifications attached). Wetland impacts will not exceed 0.10 acre. A detailed PJD Exhibit showing areas of maximum impact is also attached. Indirect impacts will include continued control of exotic invasive plant species and restoration of wetlands, streams, forest, and meadows through planting and maintenance of native beneficial vegetation. Other impacts will likely include improved land and water quality thorough more controlled access to the area by USFS visitors. A stream and wetland delineation and Preliminary Jurisdictional Request has been completed and submitted to NC DWR and USACE. Additionally some of the funding for this project is provided by the NC DWR-Water Resources Development Grant Program. Equipment used for the project will include: track mounted excavator, pickup truck, and hand tools. Erosion and Sedimentation Control Measures will be installed before construction of the project begins and will be maintained throughout project construction in order to keep sediment out of streams and wetlands. The project will not disturb and area greater than one acre in size. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?" Yes No Comments: Submitted 3/10/23, per Mitchell Anderson of USACE the PJD will be held until this PCN is reviewed. 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: Joel Lank & Warren Eadus Quible & Associates, P.C. Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR TBD based on review of this PCN. 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 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts U 2a1 Reason (?) boardwalk 2b. Impact type" (') P 2c. Type of W.* Headwater Forest 2d. W. name WA-1 2e. Forested* Yes 2f. Type of Jurisdicition * (?) Both 2g. Impact area 0.029 (acres) =F,ardwalk P Headwater Forest tL t::::] Both 0.011 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.040 21. Comments: Temporary impacts will be kept within permanent impact footprints. E. Impact Justification and Mitigation 1. Avoidance and Minimization 2g. Total Permanent Wetland Impact 0.040 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Performing a stream and wetland delineation of the project area prior to final trail layout. Using the delineation to guide trail placement and avoid and minimize water quality impacts. Submitting a PJD request to USACE for the project. Completing a PCN and submitting to NC DWR and USACE in order to use a NWP for unavoidable water quality impacts. Proposing standard, approved USFS measures for planning and design of the project. 0 V 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Implementing the measures described above during construction. Hiring qualified contractors or USFS staff to complete the work. Receiving all required federal, state, and local permits required for the proposed work and abiding by conditions outlined in the permits. Conducting frequent construction monitoring to ensure unpermitted impacts are not resulting from project construction. 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 meet regulatory impact thresholds that require compensatory mitigation. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 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 is not within or adjacent to waters that are identified in NC RBPRs. However, stormwater management and diffuse flow through vegetated conveyances will be implemented as part of the project. 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 1b. 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 (NEPA/SEPA)?* Yes No 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? 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 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 8 n 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 No What Federal Agency is involved? USDA Forest Service 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 Unknown 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? A NEPA evaluation of the Old Fort Trails Project was completed and a final approval letter is attached. 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? NEPA documentation for the approved project. 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? NEPA documentation for the approved project. 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: Fill or obstructions that could change the area or elevation of the FEMA 100-year floodplain are not proposed as part of this project. 8c. What source(s) did you use to make the floodplain determination?" The link above, McDowell County GIS, and the FEMA 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 P15115.7 Gateway Trailhead PJD Agent Authorization Form final.pdf 184.15KB P15115.7-Base-PJD EXHIBIT.pdf 2.47MB 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 Q'I Date 4/14/2023