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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