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HomeMy WebLinkAbout20240453 Ver 1_ePCN Application_20240319DW R 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# * 20240453 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Winston-Salem Regional Office - (336) 776- 9800 Information for Initial Review la. Name of project: SCC Watershed Site 3 - Big Elkin Creek Front Street Site la. Who is the Primary Contact?* Jennings Environmental, PLLC, David Brown 1b. Primary Contact Email: * david@jenningsenv.com Date Submitted 3/19/2024 Nearest Body of Water Elkin Creek Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: 36.24304 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Surry Is this a NCDMS Project Yes No Longitude: -80.85386 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Rebecca Chandler:rebecca.chandler 1c. Primary Contact Phone:* (828)384-1890 $570.00 $767.00 8 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: William and Cicely Roth 2b. Deed book and page no.: 2c. Contact Person: 2d. Address Street Address 137 Terrace Avenue Address Line 2 City Elkin Postal / Zip Code 28621 2e. Telephone Number: (828)384-1890 2g. Email Address:" david@jenningsenv.com 2a. Narri on recorded deed: Roy and Elena Thomasson 2b. Deed book and page no.: 2c. Contact Person: 2d.Address Street Address 112 Terrace Avenue Address Line 2 City Elkin Postal / Zip Code 28621 2e. Telephone Number: (828)384-1890 2g. Email Address:' david@jenningsenv.com 3. Applicant Information (if different from owner) 3a. Name: Chris Knopf 3b. Business Name: Surry County 3c. Address Street Address P.O. Box 1467 Address Line 2 city Dobson Postal / Zip Code 27017 3d. Telephone Number: (336)401-8201 3f. Email Address:"` knopfc@co.surry.nc.us 4. Agent/Consultant (if applicable) 4a. Name: David Brown, PG 4b. Business Name: Jennings Environmental, PLLC State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: 4c.Address Street Address 7 Samuel Ashe Drive Address Line 2 City Asheville Postal / Zip Code 28805 4d. Telephone Number: (828)384-1890 4f. Email Address:* david@jenningsenv.com C. Project Information and Prior Project History 1. Proiect Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality I town: Elkin 2. Project Identification 2a. Property Identification Number: Parcel IDS 495118312993 and 495118229403 2c. Project Address Street Address 112 and 137 Terrace Ave Address Line 2 City Elkin Postal / Zip Code 28621 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Elkin Creek 3b. Water Resources Classification of nearest receiving water:" C 3c. What river basins) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. Upper Yadkin 03040101 4. Project Description and History State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 0.95 ac portion of larger 8.08 ac tract 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: * The property is developed residential with undeveloped wooded tracts. The land use in the vicinity of the property is urban residential, commercial and undeveloped tracts. The project site consists of an approximate 0.95-acre riparian corridor along Elkin Creek from the West Main Street bridge over Elkin Creek downstream to the railroad bridge. Elkin Creek has been historically altered and affected by urban development. The existing stream banks at the project site are incised and eroding. The drainage area at the project site is approximately 36.3 square miles. See attached existing conditions photographs and USGS StreamStats report. 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: None 4g. List the total estimated linear feet of all existing streams on the property: 500 4h. Explain the purpose of the proposed project:* Ongoing bank erosion is causing land loss and has encroached toward South Front Street and a municipal sewer line. Sediment is being exported to downstream surface waters and degrading water quality and aquatic habitats. The project will stabilize stream banks, re -vegetate the stream buffer, and provide protection to the sewer line and street. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The proposed stream bank stabilization work is to be conducted using a combination of 1) rock toe with bank grading and vegetation plantings and 2) rock toe with bank grading, plantings and a block wall. A minimum 20-ft native herbaceous and woody buffer will be planted in the riparian areas to promote long-term stability, soil strength, and water quality benefits. Mature native trees along the stream banks will be preserved, when feasible. Disturbed and restored areas of the stream buffer will be replanted using a combination of native riparian seed mix, live stakes, and/or bare root seedlings. Work will be completed using tracked excavators and dump trucks by a qualified stream restoration contractor. Equipment will be well maintained, cleaned prior to mobilization, and checked daily for leaks of petroleum products. Fueling operations shall be performed in an area away from all surface waters. See attached plan sheets for additional details. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No O Unknown Comments: A field survey of the project area was conducted to locate streams and wetlands. The purpose of the survey was to make an effective analysis of the presence of waters and wetlands within the project area in order determine proposed impacts to these aquatic features. No wetlands are within the project site. Jennings Environmental is not requesting the Corps make a jurisdiction determination of the aquatic features in the project area. 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): Agency/Consultant Company: 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? N/A 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 3. Stream Impacts F 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* fl Stream bank stabilization Permanent Bank Stabilization Elkin Creek Perennial ::] Both h;;t)] 363 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 3i. Total temporary stream impacts: 363 0 3i. Total stream and ditch impacts: 363 3j. Comments E. Impact Justification and Mitigation 1. Avoidance and Minimization 0 u 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: As this project is a stream bank stabilization project, it is impossible to completely avoid impacts to waters. However, considerations were made to minimize disturbance to the extent necessary to provide appropriate functional uplift to aquatic resources and protect the sewer line and street. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Appropriately sized equipment will be utilized to minimize soil compaction and access grading. Scheduling and staging of equipment and materials will be timed to minimize time spent working in the active stream channel. Ground/soil disturbance will be minimized to the extent possible. Due to the size of the watershed, it will not be feasible to pump/pipe around the stream base flow for the project work. The contractor shall use gravel and cobble to create a berm that diverts flows around active work areas to minimize interaction of stream flows with areas being disturbed by earth and construction activities. Also, construction impacts will be minimized by limiting in -channel work to low -flow conditions and working from the stream banks where possible. Graded stream banks will be stabilized by using a native seed mix, straw mulch, and biodegradable erosion control matting. Areas will be stabilized within 3 working days of bank grading completion. Following construction activities, the site will be planted with native riparian vegetation to establish a natural stream buffer. Erosion control matting that incorporates plastic mesh and/or plastic twine will not be used within stream channel(s) or along stream banks. Any discharge associated with the proposed impacts would consist of suitable clean fill material (no trash, asphalt, etc.). The fill material would also be free of pollutants in toxic amounts. Proper sediment and erosion control devices would be installed prior to and during construction. Downstream turbidity levels will likely increase during construction but would subside upon completion of in -stream work. The contractor shall install appropriate erosion and sediment measures, including the measures contained in the project plans. 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: The project objective is to stabilize eroding stream banks in order to gain a more natural functioning stream reach and provide protection for the sewer line and street. The project will result in permanent impacts to waters, but these impacts will not result in a permanent loss of waters that require compensatory mitigation. 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 Upper Yadkin section of the Yadkin-PeeDee Basin. 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: Stream bank stabilization project. No impervious area(s) are proposed as part of this project. 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:' Project is below thresholds for requiring an environmental document. 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) L u 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. Project will not result in change in adjacent land uses. 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 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? Jennings Environmental reviewed the latest versions of NC Natural Heritage Program data on element occurrences for listed species and USFWS online interactive mapping and species occurrence datasets (IPaC, county species lists, etc.) to determine the likelihood for the presence of federally listed species and/or their critical in the project area. No listed federally endangered/threatened species were located in project site and no suitable habitat exists based upon information submitted to date, except for Schweinitz's sunflower (Helianthus schweinitz's). Suitable habitat for the sunflower is present at the site. Jennings Environmental conducted field surveys of the project site in August 2023 for Schweinitz's sunflower, a federally listed endangered species. The surveys were in areas identified as suitable habitat for the plant. Schweinitz's sunflower is endemic to the Piedmont region of North and South Carolina. It is most often found where disturbances have created open areas allowing for partial or full sun exposure, such as roadsides, utility right-of-ways, and forest and field edges. The preferred habitat generally contains poor soils (sands, gravels, heavy clays, shallow rocky soils, etc.). The sunflower is intolerant of shade and excessive competition from other plant species. The surveys did not identify any plants. Although the disturbed areas at the site could provide potential suitable habitat, these areas are regularly maintained by mowing and this would likely inhibit the successful growth of the plant at the site. Additionally, a review of the most recent NCNHP database records did not identify known occurrences of Schweinitz's sunflower in or within 1.0 mile of the project site. Due to the lack of known occurrences, lack suitable habitat that is not maintained, and the lack of observed plants, it has been determined that the proposed project will not affect Schweinitz's sunflower. The project is not located near any known occurrences of hibernacula or maternity roost sites for listed bat species. Onsite evaluations conducted in August 2023 indicated there are no caves, no cave like features, no sizeable rock cervices, and no out -buildings within the project area which may provide roosting habitat. Consideration of potential effects to listed bats assumes the presence of the species, even though it is not known if the species actually occur in the project area. Six trees will be removed/cut for this project. 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 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?* Jennings Environmental has reviewed NCDCR maps and online data. There are no known historic resources identified in the project area. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?" Yes No 8b. If yes, explain how project meets FEMA requirements: A floodplain development permit application has been submitted to Surry County for review and approval. 8c. What source(s) did you use to make the floodplain determination?" NCFRIS 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 1116_SITE_3_FRONT_STREET_ PERMIT_ DRAWING_19FEB2024.pdf 7.42MB Site Information, Photos and Figures.pdf 6.75MB File must be PDF or KMZ Comments Supporting Attachments: Agent Authorization Form Permit Design Drawings/Plans Site Photographs and Figures USGS StreamStats Soil Map Parcel Maps USFWS IPaC Email notification to Corps for NWP 13 Jennings Environmental is requesting a waiver of the work in the dry condition from DWR since the drainage area is greater than 3 square miles. See Section E, Part 1b above. 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: David Brown Signature Date 3/19/2024 a