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HomeMy WebLinkAbout20230701 Ver 1_ePCN Application_20230516DWR 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: 10/11/2022 BIMS # Assigned 20230701 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: Blair 4794 1a. Who is the Primary Contact?* DD of Cashiers LLC 1b. Primary Contact Email: * jrobertson@atiasenvi.com Date Submitted 5/16/2023 Nearest Body of Water Hurricane Creek Basin Little Tennessee Water Classification WS-III;Tr, HOW Site Coordinates Latitude: Longitude: 35.133701 -83.119149 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Jackson Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No 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)421-6995 0 `I 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 401 Water Quality Certification - Express Non-404 Jurisdictional General Permit Riparian Buffer Authorization 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: Yes No For the record only for Corps Permit: 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 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: DID of Cashiers LLC 2b. Deed book and page no.: 1593/193 2c. Contact Person: Blair and Margaret Heinlein 2d.Address Street Address 315 Country Club Drive Address Line 2 City State / Province / Region Highlands NC Postal / Zip Code Country 28741 USA 2e. Telephone Number: (828)421-6995 2g. Email Address:* blairmarg@aol.com 4. Agent/Consultant (if applicable) 4a. Name: Jennifer Robertson 4b. Business Name: Atlas Environmental Inc. 4c.Address Street Address 338 S. Sharon Amity Road #411 Address Line 2 City Charlotte Postal / Zip Code 28211 4d. Telephone Number: (704)512-1206 4f. Email Address: jrobertson@atlasenvi.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Cashiers 2. Project Identification 2a. Property Identification Number: 7562-89-3256 2c. Project Address Street Address 2125 Highway 107 N Address Line 2 city Cashiers Postal / Zip Code 28717 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Hurricane Creek 3b. Water Resources Classification of nearest receiving water: WS-III;Tr, HQW 3c. What river basin(s) is your project located in?* Little Tennessee 3d. Please provide the 12-digit HUC in which the project is located. 060102030102 4. Project Description and History 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 15.03 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: * The existing condition of the review area is vacant and undeveloped. The property is cleared in the Northern region which has previously been used to quarry rock. The surrounding land use is mostly forested with commercial businesses and dispersed residential homes in the vicinity. 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: 0.094 4g. List the total estimated linear feet of all existing streams on the property: 487 4h. Explain the purpose of the proposed project:* The project purpose is for the construction of a residential development 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: Heavy equipment will be used for land clearing, grading, and road improvements. The current entrance to the site is unstable and is eroding due to runoff from the steep slopes and entrance road. The proposed site entrance will increase the stability of the pond outlet and perennial channel by removing the existing perched culvert which is being by-passed by the flow from the pond. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No O Unknown Comments: Delineated by Atlas Environmental staff on May 04, 2022 5b. If the Corps made a jurisdictional determination, what type of determination was made? Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2022-02039 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Atlas Staff Agency/Consultant Company: Atlas Environmental Inc. Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR USAGE PJD signed on October 11, 2022 by Brooke Davis 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 —J F1 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* �"m. 3e. Stream Type ?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* fl Spillway from pond Permanent Stabilization CH 100 Perennial Both Average (feet) 78 (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 78 0 3i. Total stream and ditch impacts: 78 3j. Comments: Impacts associated with S1 include 78 LF, 0.005 Ac, and includes 6.28 Cu/Yds of OHWM. E. Impact Justification and Mitigation 0 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The project has been designed and engineered to avoid and minimize impacts to aquatic resources to the greatest extent possible. The existing perched culvert will be removed and the channel will be directed through a rock lined spillway. The site entrance will be bridged over the constructed spillway. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: There are no proposed impacts to open waters. There are no proposed impacts to wetlands. Only 38 linear feet of the proposed impact is new impact. 40 linear feet of the proposed spillway channel is going to take the place of the existing culvert. A PCN notification is only required due to the stream classification as the minor fill is <10 Cu/Yds. 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 exceed the mitigation threshold of 0.02 acre. 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: Not adjacent to protected riparian buffers 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 Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. Jackson County 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 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 a single and complete project. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? Yes No N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Project will connect to municipal sewer. 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 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 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? IPaC, NC NHP, Site Assessment. See attached comment letter. 6. Essential Fish Habitat (Corps Requirement) Ga. 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? NOAA Essential Fish Habitat 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? NC HPO Buffer Map. See attached comment letter 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? FEMA NFHL .kml 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 Blair 4749 NWP 18 ePCN Attachments Compressed.pdf 4.04MB File must be PDF or KMZ Comments Signature p 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: Jacob Sinclair Signature /W 1IQ4 Date 5/16/2023