Loading...
HomeMy WebLinkAbout20240543 Ver 1_ePCN Application_20240410DWR 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 Charge 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 ortransmission ofenergy or fuel, including natural gas, diesel, petroleum, or electricity? Yes No BIMS # Assigned Versiorl 20240543 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: Billy & Janice Tarlton project la. Who is the Primary Corl Glen Sullivan 1 b. Primary Contact Email: * foggymountainnursery@gmail.com Date Submitted 4/10/2024 Nearest Body of Water North Fork New River Basin New Water Classification C;ORW Site Coordinates Latitude: 36.546386 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Ashe Is this a NCDMS Project Yes No Longitude: -81.365258 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Rebecca Chandler:rebecGa.chandler I c. Primary Contact Phone:* (336)384-5323 $570.00 $767.00 a Is this project a public transportation project?* Yes No 1 a. 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): 1 d. 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 If. 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 Ig. 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 Ij. Is the project located in a designated trout watershed? Yes No B. Applicant Information I d. 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: Billy R. Tarlton and wife Janice M. Tarlton 2b. Deed book and page no.: 516/264 2c. Contact Person: Billy Tarlton 2d. Address Street Address 793 East Weavers Ford Road Address Line 2 city Grassy Creek Postal / Zip Code 28631 2e. Telephone Number: (336)953-3921 2g. Email Address:* janicetariton@yahoo.com 4. Agent/Consultant (if applicable) 4a. Name: Glen Sullivan 4b. Business Name: Foggy Mountain Nursery LLC 4c. Address Street Address 2251 Ed Little Road Address Line 2 city Creston Postal / Zip Code 28615 4d. Telephone Number: (336)384-5323 4f. Email Address:* foggymountainnursery@gmail.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) N/A I c. Nearest municipality / town: Grassy Creek NC 2. Project Identification 2a. Property Identification Number: 05357101 2c. Project Address Street Address 793 East Weavers Ford Road Address Line 2 city Grassy Creek Postal / Zip Code 28631 3. Surface Waters 3a. Name of the nearest body of water to proposed project: North Fork New River 3b. Water Resources Classification of nearest receiving water: C;ORW 3c. What river basin(s) is your project located in? New State / Province / Region NC Country us 2f. Fax Number: State / Province / Region NC Country us 4e. Fax Number: 2b. Property size: 2.00 State / P—ince / Region NC Country us 3d. Please provide the 12-digit HUC in which the project is located. 050500010109 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 is located along the North Fork of the New River southeast of Grassy Creek, NC. Landcover in the area consists of mixed hardwood conifer, managed herbaceous cover, and mixed upland hardwoods. The property is used as a part time dwelling for landowners and their family. Surrounding land use is primarily rural residential with some agricultural use. River banks at the property are moderately to severely eroded due to the lack of vegetative buffer along stream. 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 4g. List the total estimated linear feet of all existing streams on the property: 255 If of the North Fork of the New River 4h. Explain the purpose of the proposed project: To repair and stabilize eroding banks by re-establishing proper bank profiles through bank reshaping and with 1 in -stream structure and to improve water quality. To improve habitat for aquatic fauna and to improve the overall condition of the riparian areas at the site. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Eroding banks will be reshaped to approximately 2:1, or flatter and planted with native vegetation. One (1) rock vane will be constructed to divert the thalwag back to the center ofthe stream. During construction a track hoe will do the work from the bank, although the track hoe may have to access the stream to construct the end of the rock vane. After construction the bank will be seeded with native grass seed and sloped bank will be covered with erosion control matting and anchored with live stakes and landscape staples. Flat areas will be seeded and mulched with straw. All areas will be planted with live stakes (Silky Willow, Salix Sericea) (Silky Dogwood, Comus amomum) (Elderberry, Sambucus canadensis) along with native rhododendron mtn laurel and riverbirch 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No G 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): Agency/Consultant Company: Other: 6. Future Project Plans I 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 1 a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 3. Stream Impacts C-) F] 3a. Reason for impa 3c. Type of impact* J 3d. S. name" - F3e-.Strea.Typ.* 1�3fjypeof IM Jurisdiction * 3g. S. width I 3h. Impact length Rock Vane Bank Stabilization ]�"rk New River Both I 127 Avenage (feet) 10 (linear feet) Stabilization Bank Stabilization North Fork New River Both [0 (L,5 Average (feet) _rf..') J - _t7l�_] 3i. Total jurisdictional ditch impact in square feet 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 215 0 3i. Total stream and ditch impacts: 215 3j. Comments: The area where the existing steps are will not be disturbed, this area is 40 feet. E. Impact Justification and Mitigation 1. Avoidance and Minimization Ia. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: This project will stabilize 215 If of eroding stream bank, reduce stream bank erosion, reduce in -stream sediment loads and improve in -stream aquatic habitats. Stream aesthetics will be improved with the establishment of a well vegetated and functioning riparian zone. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: During construction, equipment will only access the stream when absolutely necessary. For this project, it is anticipated that most of the track hoe work can be accomplished from the top of the bank. However, equipment may need access the stream during the construction when no other construction alternative exists. Soil disturbance will be limited to what can seeded and stabilized in one day. Banks will be seeded, and coir matting will be placed and anchored with wooden stakes. Flat areas will be seeded and covered with straw. 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: F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan Ia. Does the project include or is it adjacent to protected riparian buffers identified within one of the INC Riparian Buffer Protection Rules? Yes No If no, explain why: 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPIDES 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 Ia. 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 Weiland Rules (15A NCAC 2H .1300), or DWR Surface WaterorWetland 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 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? www.fws.gov/nc-es/es/countyfr.html 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? ocean.floridamarine.org/efh_coral/ims/viewer.htm 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? www.hpo.nc.den.gov/nrlist.htm 8. Flood Zone Designation (Corps Requirement) Ba. Will this project occur in a FEIVIA-designated 1 00-year floodplain? Yes No 8b. If yes, explain how project meets FEIVIA requirements: The project will not impede flood waters 8c. What source(s) did you use to make the floodplain determination? ashegis.ashecountygov.com/webgis/ 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 agent authorization.pdf 122.24KB pics.pdf 470.26KB Site Plan-converted.pdf 188.88KB Tarlton.pdf 230.68KB topo2 (16).pdf 355.25KB VA —Mouth Of Wilson-1 85997 2000 24000.pdf 3.32MB 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. have given true, accurate, and complete information on this form; 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 ACV); 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: Glen Sullivan Signature Date 4/10/2024 6