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HomeMy WebLinkAbout20240038 Ver 1_ePCN Application_20231222i 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# * 20240038 1 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 la. Name of project: AB Tech Stream Restoration Project la. Who is the Primary Contact? * Jessica Waller 1b. Primary Contact Email: * jwaller@wildiandseng.com Date Submitted 12/22/2023 Nearest Body of Water French Broad River Basin French Broad Water Classification B Site Coordinates Latitude: 35.572441 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Buncombe Is this a NCDMS Project Yes No Longitude: -82.561255 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Andrew Moore:andrew.w.moore 1c. Primary Contact Phone:* (504)913-6238 $570.00 $767.00 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: 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: Asheville Buncombe Technical College 2b. Deed book and page no.: DB:64 PG:111 2c. Contact Person: 2d.Address Street Address 340 Victoria Street Address Line 2 city Asheville Postal / Zip Code 28806 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA Yes No Yes No 2e. Telephone Number: (828)398-7111 2g. Email Address:* dirkwilmoth@abtech.edu 3. Applicant Information (if different from owner) 3a. Name: Jessica Waller 3b. Business Name: Wildlands Engineering 3c.Address Street Address 167-B Haywood Road Address Line 2 City Asheville Postal / Zip Code 28806 3d. Telephone Number: (828)774-8847 3f. Email Address: jwaller@wildlandseng.com 4. Agent/Consultant (if applicable) 4a. Name: Renee Fortner 4b. Business Name: River Link 4c.Address Street Address 170 Lyman Street Address Line 2 City Asheville Postal / Zip Code 28801 4d. Telephone Number: (828)252-8474 4f. Email Address:* renee@rivedink.org C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Asheville 2. Project Identification 2f. Fax Number: State / Province / Region North Carolina Country United States 3e. Fax Number: State / Province / Region NC Country Buncombe 4e. Fax Number: 2a. Property Identification Number: 2b. Property size: 964821453100000 2c. Project Address Street Address 89 Facilities Way Address Line 2 City Asheville Postal / Zip Code 28801 3. Surface Waters 3a. Name of the nearest body of water to proposed project: French Broad River 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. 060101050604 4. Project Description and History State / Province / Region NC Country United States 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 area is located within an urban watershed in Buncombe County, NC. Land use in the project area is undeveloped with minor hiking trails. It is wooded with a dense understory of invasive exotic plant species. The land immediately adjacent to the site is residential and commercial, with a rail yard at the downstream property line. Within the project areas, stream banks are near vertical, incised, and actively eroding. In stream habitat and pool/riffle bedform is poor. The stream has several tight meanders that are eroding into the existing MSD access easement and multiple sewer manholes. 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: 0.107 4g. List the total estimated linear feet of all existing streams on the property: 2546 4h. Explain the purpose of the proposed project:' The AB Tech Stream Restoration project is being developed to restore and stabilize several heavily eroded sections of Haith Branch, associated unnamed tributaries, and ephemeral rainwater conveyances that receive storm water from adjacent AB Tech developments. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *insert design specifications here* 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?" Yes No Unknown Comments: PJD submittal included with this package 5b. If the Corps made a jurisdictional determination, what type of determination was made? Preliminary Approved Not Verified Unknown N/A Corps AID Number: N/A 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Jessica Waller Agency/Consultant Company: Other: 6. Future Project Plans 6a. Is this a phased project?* Yes Wildlands Engineering, Inc 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 8 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Open Waters Pond Construction 2. Wetland Impacts Buffers W1 2a1 Reason (?) Stream Relocation 1p 2b. Impact type* (?) 2c. Type of W. * Seep 2d. W. name B 2e. Forested" No 2f. Type of Jurisdicition * ?) Both 2g. Impact area 0.010 (acres) W2 Floodplain Grading J Seep B E::] Both 0.004 acres) 2g. Total Temporary Wetland Impact 0.004 2g. Total Wetland Impact 0.014 2g. Total Permanent Wetland Impact 0.010 2i. Comments: The stream is being realigned approximately 15' away from its current centerline which places it on the edge of the existing wetland. Realigning the stream removes a 90 degree bend that is causing erosion on the steep valley wall. 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* length* S1 Restoration Permanent Relocation Haith Branch Perennial Both 385 Average (feet) (linear feet) S2 Restoration Temporary Bank Stabilization J Haith Branch Perennial Both 699 Averege(feeq (iinearfeet) S3 Restoration Permanent Relocation UT1 Perennial Both 10 69 Aveage (feet) (linear feet) S4 Restoration Permanent Relocation UT2 Intermittent Both 188 Average (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 642 3i. Total stream and ditch impacts: 1341 3i. Total temporary stream impacts: 699 3j. Comments: Impacts to on -site streams is necessary to conduct restoration activities and will result in an increase in resource function. 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: Restoration activities will impact streams and wetlands and the floodplain during construction; however, these activities are designed to have an overall long-term positive effect. Natural channel design techniques will be used to restore stream function and habitat. Aquatic resources were incorporated in the design phase to avoid or minimize impacts as feasible. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction practices will follow guidelines from the NC Erosion and Sediment Control Planning and Design Manual. Disturbance is limited to the immediate project area. One ford crossing is proposed to transport equipment, rock, and supplies from the gulley area to Haith Branch, as indicated on the plans. Designated haul routes will utilize the existing MSD dirt road to minimize impacts and a proposed haul road from the laydown yard at the maintenance building at AB Tech will be temporarily built to access the MSD road. Newly constructed banks or banks that were disturbed will be stabilized using biodegradable coir fiber matting, seeding, and planted with native riparian species, as indicated in the planting plans in the design. See plans for additional avoidance measures used to minimize impacts existing wetlands and stream not proposed for work. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State Q 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: Compensatory mitigation is not required for aquatic habitat restoration related activities authorized under the Nationwide 27 as these activities will result in a net increase in aquatic resource functions and services. 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: The project is located in the French Broad River Basin with no associated NC Buffer Protection Rules. 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: 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:* This is not a federally funded project therefore NEPA does not apply. Project does not meet SEPA documentation requirements. 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 5d. Is another Federal agency involved?* Yes No Unknown L 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? Field surveys were conducted to determine species and suitable habitat presence/absence. Wildlands used the U.S. Fish and Wildlife Service (USFWS) IPaC website to identify federally listed Threatened and Endangered plant and animal species that could occur on the project site. No critical habitats were found in the project area by the IPaC tool. There are 8 federally protected species including the gray bat (Myotis grisescens), northern long-eared bat (Myotis septentrionalis, tricolored bat (Perimyptis sub0avus), bog turtle (Glyptemys muhlenbergii), Appalacian elktoe (Alasmidonta raveneliana), monarch butterfly (Danus plexippus), mountain sweet pitcher -plant (Sarracenia rubra ssp. jonesii), and rock gnome lichen (Gymnoderma lineare). Possible habitats exist for the grey bat, northern long-eared bat, and tricolored bat. All tree clearing will be completed before April 1, 2024. 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 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? * The NC State Historic Preservation Office (SHPO) GIS Service (HPOWEB) was reviewed for historic resources. No historic resources were present online within the project area. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? * Yes No 8c. What source(s) did you use to make the floodplain determination?" FEMA Flood Map Service Center: https://msc.fema.gov/portal/search Panel 3700964800J eff. 1/6/2010 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 AB_Tech_Restoration_PCN_Supporting_Docs.pdf 43.13MB 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: Jessica Waller Signature 0aa. W111-2 Date 12/22/2023