HomeMy WebLinkAbout20230903 Ver 1_ePCN Application_20230621DWR
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:
3/20/2023
BIMS # Assigned
20230903
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - (704) 663-1699
Information for Initial Review
1a. Name of project:
ADAMS BRANCH AND LITTLE KNOB CREEK USDA-NRCS STREAM RESTORATION
1a. Who is the Primary Contact?*
Jeff Belflower
1b. Primary Contact Email: *
jeff@belflowerfarm.com
Date Submitted
6/21 /2023
Nearest Body of Water
Adams Branch
Basin
Broad
Water Classification
C
Site Coordinates
Latitude:
Longitude:
35.506515
-81.550513
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Cleveland
Is this a NCDMS Project
Yes No
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Pitner:andrew.pitner@ncdenr.gov
1c. Primary Contact Phone: *
(828)980-5715
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: 27 - Restoration
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:
BELFLOWER KATHERINE P.
2b. Deed book and page no.:
Deed Book: 1884 Pg: 2645
2c. Contact Person:
NA
2d.Address
Street Address
452 Luckadoo Rd
Address Line 2
City
State / Province / Region
Bostic
NC
Postal / Zip Code
Country
28018
USA
2e. Telephone Number:
(704)466-2282
2g. Email Address:*
katie.belflower@outlook.com
4. Agent/Consultant (if applicable)
4a. Name:
Jeff Belflower
4b. Business Name:
Jefferson Belflower, PE
4c.Address
Street Address
452 Luckadoo Rd
Address Line 2
City
Bostic
Postal / Zip Code
28018
4d. Telephone Number:
(828)980-5715
4f. Email Address:"`
jeff@belflowerfarm.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Belwood
2. Project Identification
2a. Property Identification Number:
2644096296
2c. Project Address
Street Address
741 Carpenters Grove Church Rd
Address Line 2
City
Lawndale
Postal / Zip Code
28090
3. Surface Waters
3a. Name of the nearest body of water to proposed project: "
Adams Branch
3b. Water Resources Classification of nearest receiving water:
C
3c. What river basin(s) is your project located in?*
Broad
3d. Please provide the 12-digit HUC in which the project is located.
030501050605
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
69
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: *
Active bank erosion is causing land loss and sedimentation at multiple mass wasting banks at the site. The health of the riparian corridor is poor; little riparian buffer or bedform diversity is
currently present. The land use surrounding the proposed project consists predominately of farmland and sparse rural housing and roads.
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
4g. List the total estimated linear feet of all existing streams on the property:
2200
4h. Explain the purpose of the proposed project:*
The landowner has been approved for an Environmental Quality Incentives Program (EQIP) contract with the US Department of Agriculture's Natural Resources Conservation Service
(NRCS) to stabilize and restore this stream and to plant native riparian vegetation. Currently, the streambanks are eroding causing impairment to water quality and instream aquatic
habitat. The proposed stream restoration project will restore about 1094 feet of two small streams by improving channel and bank stability, as well as installation of trees and shrubs to
create a riparian buffer consisting of native species.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The proposed stream restoration project will restore approximately 1094 feet of Adams Branch and Little Knob Creek with the goal of improving natural ecological conditions and
streambank stability. The stream will be restored by grading the channel and streambanks to a naturally stable morphology and adding native vegetation adapted to site conditions for bank
protection and soil strength. Natural channel design in -stream structures will be used to maintain grade control, enhance bedform diversity, and protect streambanks from erosive hydraulic
forces. Erosion control matting, live stakes, bare root seedlings, vegetation plugs, and temporary and permanent seeding will be established to support long term stream health. The
project will have a positive impact on the downstream watershed by reducing sediment loading and creating a shaded woody stream buffer to help maintain water temperature. Equipment
used to construct the project will include a tracked hydraulic excavator with a hydraulic thumb, loaders, and dump trucks/trailers.
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?
NA
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries O Buffers
Open Waters Pond Construction
3. Stream Impacts
U
S1
3a. Reason for impact O
Stream Restoration and
Enhancement
3b.lmpact type*
Permanent
3c. Type of impact*
Stabilization
3d. S. name*
Adams Branch
3e. Stream Type*
M
Perennial
3f. Type of
Jurisdiction*
Both
3g. S. width
Aveage (feet)
3h. Impact
length*
532
(linear feet)
S2
Stream Restoration and
Enhancement
Permanent
Stabilization
Little Knob Creek
Perennial
Both
4
Average (feet)
562
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
1,094 0
3i. Total stream and ditch impacts:
1094
3j. Comments:
Impacts to the 1094 feet of stream channel include the installation of j-hooks, log -vanes, and constructed riffles. These structures are needed to maintain
grade, reduce shear stress along the streambanks, and to enhance bedform diversity. This will result in a long-term positive impact to instream aquatic
habitat.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Stream restoration is needed to achieve ecological objectives and to enhance water quality within the project reach and downstream receiving waters.
Impacts will be minimized by maintaining the existing channel and minimal existing buffer as much as possible.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction impacts will be minimized by limiting in -channel work to low -flow conditions and working in the dry as much as possible. Streambanks and
other disturbed areas will be stabilized as soon as possible using seed, straw, and biodegradable erosion control matting. Appropriately sized equipment
will be used to minimize soil compaction. Experienced stream restoration contractors will work efficiently to minimize the time of disturbance.
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:
Compensatory mitigation is not required for activities authorized by NWP 27 since this activity will result in net increases in aquatic functions and services.
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
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30 % nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
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
1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?
Yes No
Comments: *
Awaiting NRCS cultural resources review to finalize in-house NEPA review initiated by the local Soil and Water Conservation District.
2. Violations (DWR Requirement)
0
V
8
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 site will be maintained as a farm. No additional development will occur resulting from the completion of this project.
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?
USDA-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?
The proposed restoration is not expected to impact any federally listed species nor designated critical habitat due to the existing state of the project area
(frequently hayed pasture/cropland with minimal riparian buffer and poor channel conditions). The US Fish and Wildlife Critical Habitat Mapper, IPaC,
and Asheville Field office websites were consulted.
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 EFH 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?
The USDA-NRCS cultural resources review did not find any cultural resources.
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:
The site is designated as a 100 year floodplain due to it's proximity to Knob Creek. The proposed project will conclude far upstream of the confluence
with Knob Creek and will not affect flood elevations. A floodplain permit will be obtained from the Cleveland County planning office before construction
begins.
8c. What source(s) did you use to make the floodplain determination?"
NC Flood Maps
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
ADAMSBRANCH&LKC_DESIGN.pdf 3.14MB
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:
Jefferson Belflower
Signature
�
Date
6/21 /2023
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