Loading...
HomeMy WebLinkAbout20230867 Ver 1_ePCN Application_20230609DWR 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: 4111 /2023 SIMS # Assigned 20230867 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: Rankin Farm Stream Stabilization Project 1a. Who is the Primary Contact?* Michael Knoerr 1b. Primary Contact Email: * mknoerr@vt.edu Date Submitted 6/9/2023 Nearest Body of Water Garren Creek Basin French Broad Water Classification C;Tr Site Coordinates Latitude: 35.534178 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: -82.390088 Version#* 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Andrew Moore:andrew.w.moore@ncdenr.gov 1c. Primary Contact Phone: * (847)772-2116 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 Are you a federal applicant?* Yes No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act.* I am not sure if I am understanding this question correctly. I was told that Army Corp (404) permits would not be required, but that we would need 401. 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 401 Water Quality Certification - Express Riparian Buffer Authorization 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 'Id. Who is applying for the 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: RANKIN EDWARD L III; RANKIN SUZY T 2b. Deed book and page no.: 3686/0112 2c. Contact Person: 2d. Address Street Address 297 Church Rd. Address Line 2 City Fairview Postal / Zip Code 28730 2e. Telephone Number: (828)628-1878 2g. Email Address:* edrankin@bellsouth.net 4. Agent/Consultant (if applicable) 4a. Name: Michael Knoerr 4b. Business Name: Conservation Management Institute 4c.Address Street Address 801 University City Blvd Ste 12 Address Line 2 city Blacksburg Postal / Zip Code 24061 4d. Telephone Number: (847)772-2116 4f. Email Address:* mknoerr@vt.edu C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Fairview 2. Project Identification 2a. Property Identification Number: 969615777000000 2c. Project Address Street Address 297 Church Rd. Address Line 2 City Fairview Postal / Zip Code 28730 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Garren Creek 3b. Water Resources Classification of nearest receiving water: C;Tr 3c. What river basins) is your project located it * French Broad State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region VA Country USA 4e. Fax Number: 2b. Property size: 45.5 State / Province / Region NC Country USA 3d. Please provide the 12-digit HUC in which the project is located. 060101050701 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: Garren creek is laterally and vertically destabilized along the reach bordering the Rankin's land. The Rankin's run cattle on their land. There was controlled access to the stream via the cattle until recently, but the cattle are now excluded and provided well water. The other side of the creek is residential. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?'� Yes No Unknown 4b(2). Is Any Portion of the Work Already Complete?" Yes No If yes, describe the completed work 4c. List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application. not related to the 404 or 401. 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: 2,200 4h. Explain the purpose of the proposed project:" To stabilize the streambanks and recover stream health for aquatic organisms. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The project involves installation of toe boulders (8-8.5 tons) and grading along sections of the reach that are destabilized (see specifications). While the project is designed to restore the reach, prevent further sedimentation, and improve habitat conditions for T/E species, there will be soil disturbance through the restoration process. A trackhoe will be used for the project. 4k. Will this activity involve dredging in wetlands or waters? Yes No If yes, Describe the type of dredging, the composition of the dredged material and the location of disposal area 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?" Yes No Unknown Comments: 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: 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? 7. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a supplemental list) 8. Scheduling of 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 2h.Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards: 3. Stream Impacts 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 Stabilization Temporary Stabilization Garren Creek Perennial Both Average (feet) 310 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 0 3i. Total stream and ditch impacts: 310 31. Total cubic yard stream impacts: 1395 3j. Comments: The project is only to midline of the stream (not on both sides) 4g. Total cubic yard open water impacts: 1395 E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 310 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Engineered specifications will improve long-term stream health and leverage tried and true approaches to stabilizing stream -banks. See construction techniques below. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Work will be performed only during appropriate weather. Excavator with thumb recommended for installation. Equipment shall work from the top of the bank. Spoil from bank stabilization shall be hauled outside of the floodplain and stabilized. Stake erosion control matting to bank according to manufacturer's recommendation for stream bank application with appropriate stakes. Install woody vegetation during the appropriate season for survivability. If installed during a period of drought, watering may be required for vegetative success. All plantings below bankfull shall be on 3' x 3' spacing. Use tubes to protect from wildlife if necessary. 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: This is a restoration project funded by NRCS. 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: I am not sure if I am understanding this correctly. Large trees are left intact, and only areas that are falling into the stream area being fixed. The banks will be 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: Q 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. The stream is being restored. Denuded areas will be re -vegetated after restoration. Cattle exclusion fencing will be (re)installed. 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 What Federal Agency is involved? NRCS 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? IPAC 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? NOAA fisheries 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? hpoweb 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: No Rise was completed, see attached 8c. What source(s) did you use to make the floodplain determination? 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 Rankin —Final design drawings.pdf 3.63MB Rankin —Final specs.pdf 1.31 MB Rankin No Rise Report.pdf 10.71MB File must be PDF or KMZ Comments This is an NRCS funded project working to advance the Hellbender Working Lands For Wildlife Initiative. The landowners are very excited to fix their stream and improve habitat for aquatic wildlife. 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: Michael Knoerr Signature e1'-61�,� Date 6/9/2023 8