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HomeMy WebLinkAbout20240207 Ver 1_ePCN Application_20240131DW R DHlsloo 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# * 20240207 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: Copper Ridge Access la. Who is the Primary Contact?* Slater Old Fort Properties, LLC 1b. Primary Contact Email:* louise@rogersslater.com Date Submitted 1/31/2024 Nearest Body of Water Curtis Creek Basin Catawba Water Classification C: Tr Site Coordinates Latitude: 35.656 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: McDowell Is this a NCDMS Project Yes No Longitude: -82.172 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Tyler Hickman:Tyler.Hickman 1c. Primary Contact Phone:* (803)223-3122 $570.00 $767.00 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: 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 14 - Linear transportation 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) le. Is there an Agent/Consultant for this project? Yes No 2. Owner Information 2a. Name(s) on recorded deed: Slater Old Fort Properties LLC 2b. Deed book and page no.: DB 1381 PG 807 2c. Contact Person: Louise Slater 2d. Address Street Address 4 Brassie CT Address Line 2 City State / Province / Region Candler NC Postal/Zip Code Country 28715 USA Yes No Yes No 2e. Telephone Number: (803)223-3122 2g. Email Address: louise@rogersslater.com 4. Agent/Consultant (if applicable) 4a. Name: Warren Eadus 4b. Business Name: Quible & Associates, P.C. 4c.Address Street Address 90 Church Street Suite B Address Line 2 City Black Mountain Postal / Zip Code 28711 4d. Telephone Number: (828)357-5149 4f. Email Address:"` eadus@quible.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) None 1c. Nearest municipality / town: Old Fort 2. Project Identification 2a. Property Identification Number: 0740-91-3351 2c. Project Address Street Address Old US 70 West -Copper Ridge Fonta Flora Trailhead Address Line 2 City Old Fort Postal / Zip Code 28762 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Curtis Creek 3b. Water Resources Classification of nearest receiving water:" C: Tr 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501010102 4. Project Description and History 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 58 State / Province / Region NC Country USA 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: Surrounding property is mostly undeveloped with a few single family residential properties along Old 70. a 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: 0.38 4g. List the total estimated linear feet of all existing streams on the property: 6,796 4h. Explain the purpose of the proposed project:* Create a DOT compliant entrance to access 10 rental cabins. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Construct an access drive and entrance to serve a proposed 10 rental cabins. A traffic study was performed for this project and the entrance is required to be located as shown to provide compliant sight triangles and required turning radii for vehicles. Construction equipment would be conventional and include excavators, rollers, dump trucks, skid steers, bull dozers and graders. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No Comments: PJD Request submitted 08/11/2022 5b. If the Corps made a jurisdictional determination, what type of determination was made? Preliminary Approved Not Verified Unknown N/A Corps AID Number: N/A 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Warren Eadus and Joel Lenk Agency/Consultant Company: Quible & Associates, P.C. Other: 6. Future Project Plans O Unknown 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? No 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 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W. * 2d. W. name 2e. Forested * 2f. Type of Jurisdicitio n * (?) 2g. Impact area * W1 Road Crossing P Small -Basin Wetland W-17 t Both 0.080 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.080 2i. Comments: E. Impact Justification and Mitigation 2g. Total Permanent Wetland Impact 0.080 0 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: A traffic study was performed and required that the entrance be moved to this location to meet required sight triangles. Only the minimum area required to construct the entrance is proposed to be impacted. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Silt fence and best management practices would be used to construct the entrance. 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: Proposed impacts are below the threshold required for mitigation. 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 What type of SCM are you providing? Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Other SCM that removes minimum 30 % nitrogen Proposed project will not create concentrated stormwater flow through the 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: 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 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? Yes No N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. An onsite wastewater treatment plant will treat sewage and then the treated wastewater will be disposed of onsite in a drainfield as shown on the attached site plan. 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 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 Unknown 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 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 Inland EFH 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? None 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, McDowell County GIS 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 P15115.5-Camp Grier Co-op Agent Authorization Form-signed.pdf 220.13KB P15115.5-ENV-PCN.pdf 4.77MB 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: Warren Eadus O Signature Ufe Date 1/31/2024