HomeMy WebLinkAbout20231593 Ver 1_ePCN Application_20231121DW R
Dlvislon 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:
10/11/2023
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
20231593
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:
Tryon SDA Church Streambank Stabilization
1a. Who is the Primary Contact?*
David Odom
1b. Primary Contact Email: *
davidodom@odomengineering.com
Date Submitted
11/21/2023
Nearest Body of Water
North Pacolet River
Basin
Broad
Water Classification
C;Tr
Site Coordinates
Latitude:
35.134084
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Polk
Longitude:
82.141687
Version#*
1
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Tyler Hickman:Tyler.Hickman
1c. Primary Contact Phone:*
(828)247-4495
$570.00
$767.00
0
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
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: 13 - Bank Stabilization
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:
Seventh Day Adventist Church
2b. Deed book and page no.:
160/2193
2c. Contact Person:
Roger Peden
2d. Address
Street Address
2820 Lynn Rd
Address Line 2
City
State / Province / Region
Tryon
North Carolina
Postal / Zip Code
Country
28782
Polk
2e. Telephone Number:
2f. Fax Number:
(828)767-9094
2g. Email Address:*
pedenroger@yahoo.com
3. Applicant Information (if different from owner)
3a. Name:
David Odom
3b. Business Name:
Odom Engineering
3c.Address
Street Address
169 Oak St
Address Line 2
City
State / Province / Region
Forest City
North Carolina
Postal / Zip Code
Country
28043
Rutherford
3d. Telephone Number:
3e. Fax Number:
(828)247-4495
3f. Email Address:*
davidodom@odomengineering.com
4. Agent/Consultant (if applicable)
4a. Name:
Roger Peden
4b. Business Name:
4c.Address
Street Address
2820 Lynn Rd
Address Line 2
City
State / Province / Region
Tryon
North Carolina
Postal / Zip Code
Country
28782
Polk
4d. Telephone Number: 4e. Fax Number:
(828)767-9094
0. Email Address:*
pedenroger@yahoo.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Tryon
2. Project Identification
O
2a. Property Identification Number:
P48-141
2c. Project Address
Street Address
2820 Lynn Rd
Address Line 2
city
Tryon
Postal / Zip Code
28782
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
North Pacolet River
3b. Water Resources Classification of nearest receiving water:'
C;Tr
3c. What river basin(s) is your project located in?
Broad
3d. Please provide the 12-digit HUC in which the project is located.
030501051201
4. Project Description and History
2b. Property size:
8.20
State / Province / Region
North Carolina
Country
Polk
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: *
Existing bank is experiencing significant erosion. The property is a church with a playground near the area that is eroding, it is raising safety concerns about further erosion.
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:
0.00
4g. List the total estimated linear feet of all existing streams on the property:
1000
4h. Explain the purpose of the proposed project: *
The purpose of the proposed project is to stabilize the existing bank so that the property experiences no further erosion and loss of land.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Geolifts are proposed for the slope in order to provide significant permanent stabilization, along with rock J-hooks.
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:
SAW-2023-01388
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
O Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
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 O 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*
?)
31`. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Bank Stabilization
Permanent
Bank Stabilization
North Pacolet River
Perennial
Both
30
Averege (feet)
299
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 3i. Total temporary stream impacts:
299 0
31. Total stream and ditch impacts:
299
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
In stream impacts will be at a minimum, with the only proposed impact below the ordinary high water mark being the rock J-Hooks.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Work areas will be dewatered to allow for minimal to no impact to the waterway.
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:
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:
Project is not withing the protected riparian 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
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
Comments:
G. Supplementary Information 8
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
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.
Project is only designed to stop any further restoration of the streambank.
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 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?
NC Wildlife Protected and Endangered species list
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?
NC Wildlife protected habitat list
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?
Attached link to map
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:
Project is a streambank stabilization with no structures proposed in the floodplain.
8c. What source(s) did you use to make the floodplain determination?"
Attached link to FEMA maps
Miscellaneous
n
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
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:
David Odom
Signature
a MIidr11liW
Date
11/21/2023
8