HomeMy WebLinkAbout20240174 Ver 1_ePCN Application_20240124DWR
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# *
20240174 1
Is a payment required for this project?*
No payment required What amount is owed?*
Fee received $240.00 $570.00
Fee needed - send electronic notification $323.00 $767.00
Reviewing Office*
Winston-Salem Regional Office - (336) 776- Select Project Reviewer*
9800 Seren Homer:Seren.Homer
Information for Initial Review
la. Name of project:
Sweetgrass
la. Who is the Primary Contact?*
Susan Cragg
1b. Primary Contact Email: *
susan@bfec.org
Date Submitted
1/24/2024
Nearest Body of Water
Boone Fork
Basin
Watauga
Water Classification
C;Tr,ORW
Site Coordinates
Latitude:
36.73579
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
Longitude:
-81.443919
1c. Primary Contact Phone:*
(423)727-4476
a
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:
Sweetgrass Community Association
2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
450 South Orange Avenue
Address Line 2
City
Orlando
Postal / Zip Code
32801
2e. Telephone Number:
(423)727-4476
2g. Email Address:*
susan@bfec.org
4. Agent/Consultant (if applicable)
4a. Name:
Susan Cragg
4b. Business Name:
Brushy Fork Environmental Consulting, Inc.
4c.Address
Street Address
10565 US Hwy 421 South
Address Line 2
city
Trade
Postal / Zip Code
37691
4d. Telephone Number:
(423)727-4476
4f. Email Address:*
susan@bfec.org
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Sweetgrass Mountain Lake Community
1c. Nearest municipality /town:
Blowing Rock
2. Project Identification
2a. Property Identification Number:
1887955982000,1897061162000
2c. Project Address
Street Address
188 Blue Lake Dr.
Address Line 2
City
Blowing Rock
Postal / Zip Code
28605
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Boone Fork
3b. Water Resources Classification of nearest receiving water:
C;Tr,ORW
3c. What river basin(s) is your project located in?
Watauga
State / Province / Region
FL
Country
USA
2f. Fax Number:
State / Province / Region
TN
Country
USA
4e. Fax Number:
2b. Property size:
54.85
State / Province / Region
NC
Country
USA
3d. Please provide the 12-digit HUC in which the project is located.
060101030301
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 (36.73579°,-81.443919°) is located on two parcels (50.56 ± ac and 4.39 ± ac) within a residential subdivision, Sweetgrass Mountain Lake Community, in Blowing Rock,
NC (Watauga County). There is one tributary (Boone Fork) that flows west to east into a small man-made lake (Blue Lake) on the project site. There is one small wetland (Wetland 1; 0.1 ±
ac) located approximately 9 It away from river right. Landcover in the vicinity of the project is primarily forested near the top of the reach and open residential area seeded with fescue for
the remainder until the stream meets the lake. There is an existing footbridge located near Station 1+35. The goal of this project is to address streambank erosion and aggradation that has
accumulated at the mouth of the lake.
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:
0.1 ± ac
4g. List the total estimated linear feet of all existing streams on the property:
1156 ± LF
4h. Explain the purpose of the proposed project:*
The purposed project serves to stabilize 253 ± LF of streambank erosion along Boone Fork and remove aggraded channel material. These enhancements will allow for improved
drainage/discharge from the lake and reduced erosion along Boone Fork.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
This project proposes to excavate the accumulated substrate near the convergence of Sweetgrass Lake and Boone Fork and restore approximately 253 ± LF of Boone Fork while
minimizing impacts to aquatic resources. The restoration of the Boone Fork reach will involve the installation of a Natural Channel Design structure (1 cross -vane) to improve grade control.
A boulder revetment will be installed to provide streambank stabilization and narrow the low flow channel along both sides of the channel between Stations 1+75 and 3+50. Additionally,
streambanks will be sloped back and stabilized with coir matting and the planting of a native riparian buffer (seeds and livestakes). The excess sedimentation near the stream and lake
confluence will be excavated to improve water flow. This proposed work will involve the use of heavy equipment, including track -hoes, skid steers, and dump trucks. Only well -maintained
equipment will be used and no leaks will be tolerated.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No O Unknown
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): Susan Cragg
Agency/Consultant Company: Brushy Fork Environmental Consulting, Inc.
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
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
O
2a1 Reason (?)
2b. Impact type*(?)
2c. Type of W.
2d. W. name
2e. Forested *
2f. Type of Jurisdicition *
(?)
2g. Impact
area
Stabilization
P
Seep
Wetland 1
No
Both
0.004
(acres)
2 Construction access T Seep Wetland 2 �No Both LOO)
29. Total Temporary Wetland Impact
0.006
2g. Total Wetland Impact
0.010
2g. Total Permanent Wetland Impact
0.004
2i. Comments:
Impacts to Wetland 1 are necessary for accessing the stream and stabilizing the streambanks through benching and structure installation.
3. Stream Impacts
3a. Reason for impact (?)
3b.lmpact type"
3c. Type of impact"
3d. S. name *
3e. Stream Type*
3f. Type of
Jurisdiction *
3g. S. width
3h. Impact
length
g1
Stream restoration
Permanent
Stabilization :1�,rk
Perennial
Both
38
Average (feet)
253
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
253
3i. Total stream and ditch impacts:
253
31. Total temporary stream impacts:
0
3j. Comments:
The proposed 253 t LF impact to Boone Fork is necessary for installing Natural Channel Design structures and stabilizing the streambanks.
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:
Construction activities were carefully planned to avoid impacts to aquatic resources unless absolutely necessary. All disturbed areas will be immediately
seeded and covered with coir matting at the close of each construction day. Boulders will be placed upstream of the work area to divert direct flow from
causing undue turbidity.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
All disturbed riparian areas will be immediately seeded and covered with coir matting at the close of each construction day. Only well -maintained
equipment will be used and no leaks will be tolerated. The heavy equipment will work from the banks of the stream and lake whenever possible and from
the channel only when absolutely necessary. Following construction, the banks will be seeded with native floodplain mix (permanent seed). Matting
staples will be used to secure the coir matting in the high -stress areas.
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 project proposes to restore a reach of Boone Fork and improve the drainage/discharge from an existing lake by removing the accumulated substrate. Therefore, impacts from this
project will not require mitigation on Waters of the U.S. or Waters of the State.
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 is not located in/near a 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
Comments:
L
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
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.
No additional development is anticipated at this time.
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?
USFWS IPaC regulatory review process (consultation is attached).
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?
NCHPO GIS service
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 online mapping tool
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
Final Sweetgrass PCN Attachment - Reduced.pdf 10.77MB
File must be PDF or KMZ
Comments
Please see the following attachments:
USACE Cover Sheet
- Agent Authorization Form
Site Maps
- Preliminary Jurisdictional Determination package
- Site Photosheets
Site Plans
- USFWS IPaC Correspondence Letter and Biological Evaluation Report
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:
Susan Cragg
Signature
Date
1/24/2024
L