HomeMy WebLinkAbout20231121 Ver 1_ePCN Application_20230810i DWR
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:
7111 /2023
BIMS # Assigned
20231121
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Winston-Salem Regional Office - (336) 776-
9800
Information for Initial Review
la. Name of project:
Northern Peaks Trail at Paddy Mountain
la. Who is the Primary Contact?*
Jordan Sellers
1b. Primary Contact Email: *
jordan@blueridgeconservancy.org
Date Submitted
8/10/2023
Nearest Body of Water
Little Buffalo Creek
Basin
New
Water Classification
C;Tr+
Site Coordinates
Latitude:
36.408020
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Ashe
Is this a NCDMS Project
Yes No
Longitude:
-81.498984
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Rebecca Chandler:rebecca.chandler@ncdenr.gov
1c. Primary Contact Phone: *
(828)264-2511
O
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
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
1d. 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:
Blue Ridge Conservancy
2b. Deed book and page no.:
535/2185
2c. Contact Person:
Jordan Sellers
2d. Address
Street Address
PO BOX 568
Address Line 2
City
Boone
Postal / Zip Code
28607
2e. Telephone Number:
(828)264-2511
2g. Email Address:*
jordan@blueridgeconservancy.org
4. Agent/Consultant (if applicable)
4a. Name:
Sarah Kilby
4b. Business Name:
Interface Environmental Consulting, LLC
4c.Address
Street Address
476 Hidden Pond Road
Address Line 2
city
Boone
Postal / Zip Code
28607
4d. Telephone Number:
(828)773-5523
4f. Email Address:*
sarah@interfaceenv.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
West Jefferson, NC
2. Project Identification
2a. Property Identification Number:
19223002
2c. Project Address
Street Address
Address Line 2
City
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Little Buffalo Creek
3b. Water Resources Classification of nearest receiving water:
C:Tr+
3c. What river basin(s) is your project located it *
New
3d. Please provide the 12-digit HUC in which the project is located.
050500010106
4. Project Description and History
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
149.684
State / Province / Region
Country
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 site is forested with a mountainous topography which slopes steeply to the west ridge. There are three unnamed tributaries (UTs) on -site that drain east, ultimately to Little Buffalo
Creek (C;Tr+) (offsite). Adjacent land uses include the Town of West Jefferson to the south, in addition to undeveloped forest and low density residential. One commercial property borders
the property to the north.
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:
1544
4h. Explain the purpose of the proposed project:*
The purpose of the project is to develop 3.1 miles of natural surface trail to be used for recreational hiking and walking. The trail is being designed by Nature Trails, LLC for Blue Ridge
Conservancy.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The proposed trail will be 3.1 miles long at the project site, consisting of two loops. The lower loop is proposed to be 5' in width, the upper loop 3', and out -sloped using a bench cut. Grade
dips will be placed every 100-150' to treat runoff. Rip rap dissipaters will be placed off the trail at areas with a high concentration of run-off, including switchbacks. An erosion control plan
will be submitted separately to the state. Three stream crossings are proposed- one at each UT 1, UT 2, and UT 3. The crossings will impact approximately 51f of each stream using a
"natural ford" stepping stone technique (see detail in attach site plan). Total proposed impacts include 151f of permanent impacts (5' per crossing) and 301f of temporary impacts for
installation (10lf per stream). Equipment to be used includes small trail building machinery.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O 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): Carrie Caviness
Agency/Consultant Company: Interface Environmental Consulting, LLC
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 O
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
F
3a. Reason for impact (?)
3b.lmpact type"
3c. Type of impact*
3d. S. name*
3e. Stream Type*
3f. Type of
3g. S. width
3h. Impact
?)
Jurisdiction*
length*
S1
Crossing
Permanent
Fill
UT 1
Intermittent
Both
Average (feet)
(linear feet)
gp
Crossing Installation
Temporary
Dewatering
UT 1
Intermittent
Both
10
Aveage (feet)
(linear feet)
S3
Crossing
Permanent
Fill
UT 2
Intermittent
Both
B
5
Average (feet)
(linear feet)
S4
Crossing Installation
Temporary
Dewatering
UT 2
Intermittent
Both
F(,ne.r
Averege(feet)
t)
S5
Crossing
Permanent
Fill
UT 3
Intermittent
Both
12
Average (feet)
(linear feet)
S6
Crossing Installation
Temporary
Dewatering
UT 3
Intermittent
Both
12
Average (feet)
10
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
15
31. Total stream and ditch impacts:
45
3i. Total temporary stream impacts:
30
3j. Comments:
Permanent impacts are for the "natural ford" stream crossing which uses a series a stepping stones (see site plan details). Temporary impacts are for
crossing installation using a pump -around system to avoid downstream sedimentation.
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 crossings for the proposed trail are designed using a "natural ford" technique which will only disturb 51f per stream using stepping stones which
will allow for the passage of flow. This reduces the linear feet of stream impacts as oppose to other techniques.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Stream crossings will be constructed using a pump around system to reduce downstream sedimentation. All work will be completed from the streambank
wherever possible. Only well maintained equipment will be used, no leaks will be tolerated. Any disturbed areas within the trout buffer will be seeded and
matted same -day using non -plastic or non -nylon matting. No work will be done within the trout buffer between the dates of Oct 15, 2023- April 15, 2024.
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:
Project does not exceed the threshold for 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 adjacent to a riparian buffer within the NC Riparian Buffer Protection Rules.
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
Comments:'
The project is being partially funded using a RTP Trail Grant. The client, Blue Ridge Conservancy (Jordan Sellers), has met all the scoping requirements.
a
n
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 future development is anticipated at this time.
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
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?
USFWSIPaC
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 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 SHPO Web Mapper, online
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 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
PCN_NPT at Paddy Mtn_Attachments.pdf 110.96MB
File must be PDF or KMZ
Comments
See attached
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:
Sarah Kilby
Signature
Date
8/10/2023
M