HomeMy WebLinkAbout20230566 Ver 1_ePCN Application_20230418 (2)DW 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:
12/22/2022
BIMS # Assigned
20230566
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:
Proposed Deep River Kayak Launch
1a. Who is the Primary Contact?*
Ashley Bentz
1b. Primary Contact Email: *
abentz@smeinc.com
Date Submitted
4/18/2023
Nearest Body of Water
UT- Deep River
Basin
Cape Fear
Water Classification
Ws -IV
Site Coordinates
Latitude:
35.63680
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Chatham
Is this a NCDMS Project
Yes No
Longitude:
-7911141
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Joey Winston:Joey.Winston@ncdencgov
1c. Primary Contact Phone:*
(919)896-0758
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: 18 - Minor Discharges
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:
State of INC, Department of Natural and Cultural Resources
2b. Deed book and page no.:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2c. Contact Person:
Justin Williamson
2d.Address
Street Address
1615 Mail Service Center
Address Line 2
City
State / Province / Region
Raleigh
NC
Postal / Zip Code
Country
27699-1615
us
Yes No
Yes No
2e. Telephone Number:
(919)707-9302
2g. Email Address:*
justin.williamson@ncparks.gov
4. Agent/Consultant (if applicable)
4a. Name:
Ashley Bentz
4b. Business Name:
S&ME, Inc
4c.Address
Street Address
3201 Spring Forest Road
Address Line 2
City
Raleigh
Postal / Zip Code
27616
4d. Telephone Number:
(919)896-0758
4f. Email Address:"`
abentz@smeinc.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Moncure
2. Project Identification
2a. Property Identification Number:
370370011089
2c. Project Address
Street Address
7140 Moncure Pittsboro Road
Address Line 2
City
Moncure
Postal / Zip Code
27559
3. Surface Waters
3a. Name of the nearest body of water to proposed project: "
UT- Deep River
3b. Water Resources Classification of nearest receiving water:
WS-Iv
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300030608
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
US
4e. Fax Number:
2b. Property size:
State / Province / Region
NC
Country
us
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 is located within an area managed by the NC State Parks and Recreation as the Deep River State Trail. This area is managed for recreational use. The proposed access road
for the kayak launch utilizes an existing unpaved road. The site is undeveloped and forested. The site contains a perennial stream draining directly into the Deep River. This stream is
being used for the launch location just upstream of its confluence with the Deep River.
a
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
5.55
4g. List the total estimated linear feet of all existing streams on the property:
3,431
4h. Explain the purpose of the proposed project:*
The Deep River State Trail Public Access Area is a NC State Parks & Recreation project to provide greater public access to Deep River for recreation. The project is primarily intended to
serve as a kayak put-out area for paddlers who had put -in further upriver. The route of the access road was planned strategically to minimize impacts to buffers and existing wetlands.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The 20' wide proposed access road from Moncure-Pittsboro Highway to the proposed parking lot and restroom facility utilizes an existing road as much as feasible. From the parking lot to
the kayak dropoff area, the road is proposed 12' wide to limit impacts to the existing wetlands and other heavily wooded areas. From the dropoff area to the launch, there is a 6' wide
natural surface path widening to a 12' concrete kayak launch within the Chatham County's 100' buffer. Stormwater and erosion control permits for the project will be submitted through
NCDEQ.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No 0 Unknown
Comments:
yes
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): Walter Cole
Agency/Consultant Company: S&ME
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
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
W1
2a1 Reason (?)
fill
2b. Impact type* (?)
P
2c. Type of W.*
Ftt,mland Hardwood Forest
2d. W. name
W1
2a. Forested*
Yes
2f. Type of Jurisdicition *
?)
Corps
2g• Impact
area *
0.034
(acres)
.�]
E
construction
T
Bottomland Hardwood Forest
W1
f=Corps
]
0.038
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.038 0.034
2g. Total Wetland Impact
0.072
2i. Comments:
Impacts to wetland feature W1 are the result of the need to access the southern portion of the property via a paved road. The road will be constructed at
existing grade to allow the two portions of the wetland to maintain their hydrologic connection. A ford will be centered around the low point of a vertical
sag in the road profile, providing a deeper run instead of an entirely flat ford. Permanent impacts totalling 0.034 acres will be the result of the concrete fill
for the road while temporary impacts totalling 0.038 acres will be needed for construction.
3. Stream Impacts
F
S1
3a. Reason for impact (?)
kayak launch
3b.lmpact type"
Permanent
3c. Type of impact*
Fill
3d. S. name*
S1
3e. Stream Type*
?)
Perennial
3f. Type of
Jurisdiction*
Corps
3g. S. width
6
Average (feet)
3h. Impact
length*
58
(linear feet)
g2
kayak launch
Temporary
Dewatering
S1
Perennial
Corps
12
Aveage (faeQ
58
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts: 31. Total temporary stream impacts:
58 58
3i. Total stream and ditch impacts:
116
3j. Comments:
Stream impacts are the result of the installation of a concrete kayak launch into the tributary. Construction will involve cutting back the stream bank to
allow for a 10 % max slope and the addition of a concrete pad over a rock base. Temporary impacts to the stream will be the result of a cofferdam to
allow for construction of the launch. These impacts will be limited to 705 square feet or 0.016 acres. Permanent impacts will result from the installation of
the kayak launch within the stream through grading and fill. These impacts will be limited to 355 square feet or 0.008 acres.
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:
The route of the proposed access path was selected to utilize an existing unpaved road as well as to avoid additional impacts to existing wetlands. One
wetland crossing is proposed. The concrete section of road within the wetland has been designed to be set at existing grade to allow the hydrologic
connection to remain. A culverted crossing was avoided to reduce the square footage of wetland impacts as a culverted crossing would require larger fill
slopes on either side of the road to tie to existing grade. This would also concentrate flow downstream of the culvert. The project designers also
considered installing alternative options such as a slide or floating launch, but these options were not feasible based on the width of the stream.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Specific attention will be paid to ensure clearing and grading is only performed to the extent needed for the proposed project and all grading not required
will be avoided. Additional impacts to the jurisdictional stream and wetland will be avoided through the use of appropriate sediment and erosion control
devices.
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:
Impact amounts are below those commonly requiring mitigation.
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:
Project site is not located within a buffered basin.
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
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
Comments: *
Project does not meet thresholds requiring NEPA/SEPA documentation.
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.
No, project is not intended to support additional development. Project is intended to meet existing demand for recreational facilities.
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
Sc. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
Yes No
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?
The NC Natural Heritage Program online data explorer (https://www.ncnhp.org/data) and US Fish and Wildlife Service Information for Planning and
Consultation (IPaC) report. Consultation has been initiated with Mr. John Ellis and Ms. Kathy Matthews of the USFWS and Ms. Gabriela Garrison with
the NCWRC. Mr. John Ellis indicated that the USFWS would most likely agree with a "may affect, likely to adversely affect" determination for the Cape
Fear Shiner. USACE consultation with the USFWS is required.
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?
The USFWS IPaC report and the National Marine Fisheries Service Essential Fish Habitat Mapper
(hftps://www.habitat.noaa.gov/protection/efh/efhmapper/)
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? *
The North Carolina State Historic Preservation Office web mapping tool HPOWEB (https://www.ncdcr.gov/about/history/division-historical-resources/gis-
maps-and-data)
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:
Project will not exceed existing stream bank elevations.
8c. What source(s) did you use to make the floodplain determination?*
The project engineer and the FEMA firm map 3710966800K, dated February 2, 2007. The FEMA firmette is attached.
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
FEMA Firmette.pdf
814.64KB
Deep River State Trail Impact Maps.pdf
3.87MB
T&E Scoping Correspondence.pdf
595.72KB
Deep River Scoping Letter.pdf
11.78MB
Deep River Kayack Launch - Right of Entry Form - Agent Authorization.pdf
38KB
Deep River Kayak PJD Request.pdf
6.65MB
2023-01-06 Deep River State Trail_reduced.pdf
File must be PDF or KMZ
21.18MB
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:
Ashley Bentz
Signature
Gfoiler��r�z
Date
4/18/2023
O