HomeMy WebLinkAbout20231473 Ver 1_ePCN Application_20231030DW R
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 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:
9/4/2023
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned *
20231473
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
1a. Name of project:
Hominy Creek Stream Restoration
1a. Who is the Primary Contact?*
Danvey Walsh
1b. Primary Contact Email: *
danvey@equinoxenvironmental.com
Date Submitted
10/30/2023
Nearest Body of Water
Hominy Creek
Basin
French Broad
Water Classification
C
Site Coordinates
Latitude:
35°32.1366'N
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Haywood
Longitude:
82048.3089'W
Version#*
1
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Joey Winston:Joey.Winston
1c. Primary Contact Phone: *
(828)506-9525
$570.00
$767.00
a
Is this a NCDMS Project
Yes No
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
Please provide the date of the previous submission.
10/2/2023
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
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
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:
Town of Canton
2b. Deed book and page no.:
1007/1885, 1060/2140
2c. Contact Person:
Nick Scheuer, Town Manager
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
O
2d. Address
Street Address
85 Summer Street
Address Line 2
city
Canton
Postal / Zip Code
28716
2e. Telephone Number:
(828)648-2363
2g. Email Address:*
nscheuer@cantonnc.com
3. Applicant Information (if different from owner)
3a. Name:
Preston Jacobsen
3b. Business Name:
Haywood Waterways Association
3c.Address
Street Address
PO Box 389
Address Line 2
city
Waynesville
Postal / Zip Code
28786
3d. Telephone Number:
(828)476-4667
3f. Email Address:*
preston@haywoodwaterways.org
4. Agent/Consultant (if applicable)
4a. Name:
Danvey Walsh
4b. Business Name:
Equinox Environmental
4c.Address
Street Address
14 O'Henry Ave
Address Line 2
city
Asheville
Postal / Zip Code
28801
4d. Telephone Number:
(828)506-9525
0. Email Address:*
danvey@equinoxenvironmental.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Canton, NC
2. Project Identification
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
O
2a. Property Identification Number:
8676-09-8457;8667-81-3641
2b. Property size:
451.88 (combined)
2c. Project Address
Street Address
2415 Asheville Hwy
Address Line 2
city
Canton
Postal / Zip Code
28716
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
Hominy Creek
3b. Water Resources Classification of nearest receiving water:'
C
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.
060101050502
4. Project Description and History
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: *
The site is part of Chestnut Mountain, a town park used for hiking and mountain biking. The area immediately adjacent to the stream on the left descending bank is grassed field.
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:
-1
4g. List the total estimated linear feet of all existing streams on the property:
28,845ft (LiDAR derived streams)
4h. Explain the purpose of the proposed project: *
The project is a stream restoration on Hominy Creek. The stream restoration will modify and stabilize stream banks with native vegetation. Instream structures will provide appropriate
grade control, modify flow direction away from stream banks, and improve habitat.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The stream restoration will employ natural channel design practices incorporating natural materials to restore 793feet of Hominy Creek. Woody material will be harvested on -site for use as
in -stream structures. Bed material on riffle sections will consist of bed material excavated from the existing channel or supplemented with material approved by the engineer. Construction
will begin at the upstream end of each channel reach and proceed downstream. To minimize sedimentation, a pump around operation will be used to diver flow during construction. All
excavation and construction will be performed in the dry. Construction equipment will include heavy equipment such as tracked excavators and trucks.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
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
y Unknown
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
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
❑
3a. Reason for impact (?)
3b.lmpact type "
3c. Type of impact'" �3�name*
��3e.
Stream Type *
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Stream Restoration
Temporary
Stabilization
Hominy Creek
Perennial
Both
30
Averege (feet)
793
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
0 793
3i. Total stream and ditch impacts:
793
3j. Comments:
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:
The design of the stream restoration will result in reduced streambank erosion, improved aquatic habitat, and an improved buffer of native, riparian
vegetation.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
All appropriate erosion control and sedimentation measures will be taken to avoid excessive sedimentation. A pump around operation will be be used
and work will be done in the dry.
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 stream restoration project.
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:
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:
O
O
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
Comments: *
The funding for the project is provided by North Carolina Land and Water Fund but does not meet the criteria for SEPA
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.
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
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
5g(1). If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.?
Yes No
If you answered "Yes" to 5g(1), did you discover any signs of bat use?
Yes No Unknown
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?
USFWS 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 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?"
NCSHPO HPOWEB 2.0
8. Flood Zone Designation (Corps Requirement)
Be. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8b. If yes, explain how project meets FEMA requirements:
A hydraulic analysis has been conducted and a No -rise Certification is in progress.
8c. What source(s) did you use to make the floodplain determination?*
FEMA Flood Map Service Center
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
2023-10-16_Hominy Creek Restoration Plan_Signed.pdf 2.88MB
File must be PDF or KMZ
Comments
I have attached a sealed plan set for the project.
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:
Danvey Walsh
Signature
k aw
Date
10/30/2023
O