HomeMy WebLinkAbout20121081 Ver 3_ePCN Application_20231214i DWR
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.
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 Version# *
20121081 3
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Seren Homer:Seren.Homer
Information for Initial Review
la. Name of project:
COURTESY COPY Middle Fork Greenway Section 5 - Boone Gorge Park
1a. Who is the Primary Contact?*
Wendy Patoprsty
1b. Primary Contact Email: *
wendy@blueridgeconservancy.org
Date Submitted
12/14/2023
Nearest Body of Water
Middle Fork South Fork New River
Basin
New
Water Classification
WS-IV:+
Site Coordinates
Latitude: Longitude:
36.190126-81.65734
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Watauga
Is this a NCDMS Project
Yes No
Reviewing Office*
Winston-Salem Regional Office - (336) 776-
9800
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:
Nationwide Permit (NWP) Number:
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
13 - Bank Stabilization
33 - Temporary Construction
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
fig. 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
401 Water Quality Certification - Express
Riparian Buffer Authorization
1d. Who is applying for the permit?
Owner Applicant (other than owner)
1e. 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.:
2272,781
2c. Contact Person:
Wendy Patoprsty
2d. Address
Street Address
416 Aho Road, Blowing Rock
Address Line 2
City Stale / Province / Region
Blowing Rock NC
Postal/Zip Code Country
28607 Watauga
Yes No
Yes No
2e. Telephone Number:
(828)264-2511
2g. Email Address:*
wendy@blueridgeconservancy.org
2a. Name(s) on recorded deed:
Appalachian State University
2b. Deed book and page no.:
082,487
2c. Contact Person:
Michelle Novacek
2d.Address
Street Address
University Property Office, BB Dougherty Building
Address Line 2
438 Academy Street
city
Boone
Postal / Zip Code
28607
2e. Telephone Number:
(828)262-8776
2g. Email Address:"
novacekm@appstate.edu
2a. Name(s) on recorded deed:
Appalachian State University
2b. Deed book and page no.:
030,349
2c. Contact Person:
Michelle Novacek
2d.Address
Street Address
University Property Office, BB Dougherty Building
Address Line 2
438 Academy Street
city
Boone
Postal / Zip Code
28607
2e. Telephone Number:
(828)262-8776
2g. Email Address:*
novacekm@appstate.edu
2a. Name(s) on recorded deed:
Watauga County
2b. Deed book and page no.:
1636, 447
2c. Contact Person:
Deron Geouque, county Manager
2d.Address
Street Address
814 W King Street Suite 205
Address Line 2
City
Boone
Postal / Zip Code
28607
2e. Telephone Number:
(828)265-8000
2g. Email Address:*
deron.geouque@watgov.org
2f. Fax Number:
State / Province / Region
NC
Country
Watauga
2f. Fax Number:
State / Province / Region
NC
Country
Watauga
2f. Fax Number:
State / Province / Region
NC
Country
Watauga
2f. Fax Number:
4. Agent/Consultant (if applicable)
4a. Name:
Carrie Caviness
4b. Business Name:
Interface Environmental Consulting LLC
4c.Address
Street Address
476 Hidden Pond Rd
Address Line 2
City
State / Province / Region
Boone
NC
Postal / Zip Code
Country
28607
Watauga
4d. Telephone Number:
4e. Fax Number:
(919)656-4543
4f. Email Address:
carrie@interfaceenv.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Boone NC
2. Project Identification
2a. Property Identification Number:
2b. Property size:
2819587780000
33.48
2c. Project Address
Street Address
276 /278 OLD BLOWING ROCK RD
Address Line 2
City
State / Province / Region
Boone
NC
Postal / Zip Code
Country
28607
Watauga
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Middle Fork South Fork New River
3b. Water Resources Classification of nearest receiving water:"
WS-IV:+
3c. What river basin(s) is your project located in?"
New
3d. Please provide the 12-digit HUC in which the project is located.
050500010201
4. Project Description and History
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 project site is located west of US Highway 321 S between Payne Branch Road and Old Blowing Rock Road near the Town of Boone (Watauga Co.). The project site is comprised of
four parcels with three ownerships; Blue Ridge Conservancy (PIN 2819587780000), Appalachian State University (PINS 28197609120000, 2819678860000), and Watauga County (PIN
2819761780000). Blue Ridge Conservancy is the applicant and primary property owner; work on the ASU property will be done on permanent conservation easement (documentation
ongoing). The project site generally parallels the South Fork Middle Fork New River (MFNR) and is composed of mature forest and floodplain field. The two stream features within the
project site are the MFNR (10-1-2-(14)) and an un-named tributary to the MFNR (UT-MFNR). In addition, there is a small seepage wetland with an associated ephemeral channel. The
surrounding area is composed of private residences.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
O
4f. List the total estimated acreage of all existing wetlands on the property:
4g. List the total estimated linear feet of all existing streams on the property:
4h. Explain the purpose of the proposed project:"
The purpose of the project is to construct a segment of the Middle Fork Greenway and public access trailhead located between the towns of Boone and Blowing Rock in Watauga County.
The greenway will support hiking, biking and river access.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project site is located off Payne Branch Road and Old Blowing Rock Road in Boone, NC (Watauga County). The project site is located across multiple parcels with different
ownerships as follows from south to north along the project corridor beginning at Payne Branch Road. Ownership is as follows:
• Watauga County
232 Payne Branch Road, Blowing Rock, NC; PIN: 2819761780000; Deed Bk 1636 Pg 477
• Appalachian State University
Off Payne Branch Road, Blowing Rock, NC; PIN: 28197609120000; Deed Bk 030 Pg 349
Permanent Easement In Progress
• Blue Ridge Conservancy
276/278 Old Blowing Rock Road, Boone, NC; PIN: 2819587780000; Deed Bk 2272 Pg 781
To be transferred to Watauga County in 2024
• Appalachian State University
Off Old Blowing Rock Road, Boone, NC; PIN: 2819678860000; Deed Bk 802 Pg 487
Permanent Easement In Progress
Four aquatic features were delineated on the site by IEC, LLC. in 2022; the Middle Fork New River (10-1-2-(14), WS-IV, +), an intermittent Un-named Tributary to the MFNR (UT-MFNR,
WS-IV, +), a small wetland seep, and an ephemeral channel (delineated by jurisdictional boundary). Temporary and permanent impacts are proposed for MFNR. Temporary impacts are
proposed for UT-MFNR and the ephemeral channel. No impacts are proposed to the wetland seep.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No Unknown
Comments:
IEC delineated all jurisdictional features Fall of 2022
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): Sarah Kilby
Agency/Consultant Company: IEC 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
1. Impacts Summary
la. 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*
3d. S. name*
3e. Stream Type*
3f. Type of
3g. S. width
3h. Impact
(?)
Jurisdiction*
Ilength*
S1
Bridge 1
Temporary
Workpad/Causeway
Middle Fork New River
Perennial
Both
51
40
Average (feet)
(linear feet)
S2
Bridge 2
Permanent
Stabilization ]Middle
Fork New River
Perennial
Both
51
20
Average (feet)
(linear feet)
S3
Construction Pipe
Temporary
Culvert
UT -Middle Fork New River
Intermittent
Both
17
20
Aveage (feet)
(linear feet)
S4
ADA Fishing Pier
Permanent
Bank Stabilization J
Middle Fork New River
Perennial
Both _]
51
Average (feet)
25
(linear feet)
S5
Bank Stabilization
Permanent
Bank Stabilization J
Middle Fork New River
Perennial
Both
51
Aveage (feet)
250
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
31. Total permanent stream impacts:
295
31. Total stream and ditch impacts:
355
3i. Total temporary stream impacts:
60
3j. Comments:
Temporary impacts for bridge 1 construction include movement of construction equipment below the top of bank on a low floodplain bench to install the
Over left (facing downstream) abutment.
Additional impacts include a temporary pipe for construction access over an ephemeral channel (20ft HDPE).
Permanent impact for bridge 2 construction includes stream bank sloping, and placement of rip rap stabilization between the river right abutment and the
edge of water.
Temporary impact at UT-MFNR includes placement of a 10' culvert pipe to facilitate movement of construction equipment during construction. The pipe
will be removed and the stream will be permanently crossed with span boardwalk.
Permanent impact of the ADA fishing pier includes two outward pier footers (instream), streambank sloping, and placement of rip rap stabilization under
the pier.
Permanent impacts from streambank stabilization include sloping/matting, toe wood structures, removal of a mid -channel bar, and instillation of log vane
structure.
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:
The proposed upstream (Bridge 1) and downstream (Bridge 2) have been designed to span the OHWM and regulatory floodway BFE in order to avoid
impacts to the MFNR and achieve FEMA and Watauga County floodplain requirements. Temporary impacts proposed are necessary for abutment
construction; permanent impacts include a small section of sloping at Bridge 2 and stabilization with riprap material adjacent to the abutment. UT-MFNR
will be permanently crossed with span boardwalk and so only impacts from a temporary pipe crossing during construction are proposed. Streambank
stabilization and in -stream restoration activities are proposed to enhance MFNR health and restore riparian conditions. A proposed ADA fishing pier is
embedded within the streambank stabilization area to facilitate ADA fishing access near the proposed trailhead off Old Blowing Rock Road. The
permanent impacts are minor including two Tooter piers near the edge of water and riprap stabilization under the pier which is typical.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Impacts from bridge construction will be alleviated through the use of two, acquired temporary stream crossings. These are metal structures
approximately 60' in length and 12' in width to facilitate the movement of construction equipment without impact to the MFNR buffer. An Erosion and
Sediment Control plan is under development for the entire project site and includes construction stormwater control measures and stabilization within
NCGO01 specified timeframes and accounts for conditions necessary within the trout watershed.
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 impacts do not exceed regulatory thresholds.
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 site is not located in or adjacent to protected riparian buffers.
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)?
8
O
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:'
Was preformed during the grant acquisition period.
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 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?
IPAC and determination keys
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 map
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? *
As part of the Environmental scoping that accompanied grant acquisition, NC SHPO was contacted. They determined the project will not have an impact
on historic structures. They recommended a systematic archaeologic survey be performed on a portion of the project site. The investigation was
performed by staff at Appalachian State University to the satisfaction of NC SHPO. Archaeologic recourses found at the site do not warrant further
excavation, nor will they inhibit proposed site construction.
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 will be submitted separately to the State.
8c. What source(s) did you use to make the floodplain determination?
Fema FIRMETTE
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 dreg and drop files here to attach document
Boone Gorge Combined package.pdf 24.18MB
File must be PDF or KMZ
Comments
See attached document
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:
Carrie Caviness
Signature
C�2! tipC`�tmm
Date
12/14/2023
8