Loading...
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