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