HomeMy WebLinkAbout20231205 Ver 1_ePCN Application_20230831DWR
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:
8/29/2023
BIMS # Assigned
20231205
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Andrew Moore:andrew.w.moore@ncdenr.gov
Information for Initial Review
la. Name of project:
COURTESY COPY Singing Branch Restoration
1a. Who is the Primary Contact?*
Andrew Bick
1b. Primary Contact Email: *
andrew@headwaters-eng.com
Date Submitted
8/31/2023
Nearest Body of Water
Singing Branch
Basin
French Broad
Water Classification
B
Site Coordinates
Latitude:
35.224641
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Transylvania
Is this a NCDMS Project
Yes No
Longitude:
-82.729687
Version#*
1
Reviewing Office*
Asheville Regional Office - (828) 296-4500
1c. Primary Contact Phone: *
(828)606-0306
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 permits) 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
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
fig. 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. Nani on recorded deed:
Todd Branham
2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
PO Box 1701
Address Line 2
City
Pisgah Forest
Postal / Zip Code
28768
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No
2e. Telephone Number:
(828)606-5107
2g. Email Address:*
epicrides@icioud.com
4. Agent/Consultant (if applicable)
4a. Name:
Andrew Bick
4b. Business Name:
Headwaters Engineering, PC
4c.Address
Street Address
45 Lotus Place
Address Line 2
City
Asheville
Postal / Zip Code
28804
4d. Telephone Number:
(828)606-0306
4f. Email Address:
andrew@headwaters-eng.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Brevard
2. Project Identification
2a. Property Identification Number:
8585-67-4626-000
2c. Project Address
Street Address
54 Batson Road
Address Line 2
city
Brevard
Postal / Zip Code
28712
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Singing Branch
3b. Water Resources Classification of nearest receiving water:
B
3c. What river basin(s) is your project located in?*
French Broad
3d. Please provide the 12-digit HUC in which the project is located.
060101050203
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
0.73
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: *
Singing Branch drains an 80-acre residential watershed south of downtown Brevard. The stream enters a concrete culvert near the upstream end of the Branham property. Sections of
pipe appear to have separated and allowed cover soil to enter the pipe, leading to the formation of a large sinkhole. The landowners intends to remove the 150 LF of culvert on his property
and restore the stream to open channel conditions based on a natural channel design approach.
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:
220
4h. Explain the purpose of the proposed project:*
The purposes of the project are to restore the stream and remove the hazards associated with a large sinkhole in the center of the yard.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The restored stream will be excavated using track -mounted excavators or similar equipment. A pump -around will be used to divert flow from around the work area, discharging clean water
downstream of the work site. Equipment will operate from the top of bank as much as possible. The existing culvert will be removed along with soil and disposed in upland areas on the
property, outside of the FEMA special flood hazard area. The restored stream bed will be reinforced with large stone and the banks will be stabilized with grasses and sedges, coir matting
and deep-rooted woody shrubs. The attached plans provide more detail.
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):
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?
D. Proposed Impacts Inventory
1. Impacts Summary
ta. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
F I
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
stream restoration
Permanent
Excavation
Singing Branch
Perennial
Both
Averege (feet)
150
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
150 0
31. Total stream and ditch impacts:
150
3j. Comments
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 stream restoration design will make use of natural materials, including native plants, to create improved stream habitats. Hard armoring has been
avoided.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Work will be staged during periods of low flow and stream flow will be diverted around the work areas in order to limit downstream sediment migration.
Fueling will be performed far from the stream. silt fences will be installed on the stream side of any stockpiles. Sections of new open channel will be
stabilized with seed, mulch and coir matting at the end of each workday.
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 represents an ecological improvement over existing conditions.
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:
The project will not create new impervious surfaces or change runoff patterns.
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:
A stormwater management plan is not required for this stream restoration project.
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 will be a discrete stream restoration 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
a
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
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?
we checked the USFWS critical habitat online mapping tool.
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 website
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 HPOWEB 2.0 website
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:
A no -rise study will be submitted to the City of Brevard.
8c. What source(s) did you use to make the floodplain determination?
NC FRIS website
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
SUPPLEMENTAL INFO.pdf 7.58MB
File must be PDF or KMZ
Comments
Supplemental information is attached and includes an agent authorization form, photos, data and preliminary plans.
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:
Andrew Bick
L
Signature
Date
8/31 /2023