HomeMy WebLinkAbout20060518 Ver 2_ePCN Application_20240412DW 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# *
20060518 2
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:
Craig Creek Stream Relocation Project
la. Who is the Primary Contact?*
Brady Dodd
1b. Primary Contact Email:*
brady.dodd@usda.gov
Date Submitted
4/12/2024
Nearest Body of Water
Craig Creek
Basin
Catawba
Water Classification
C;Tr,ORW
Site Coordinates
Latitude:
35.957328
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Caldwell
Is this a NCDMS Project
Yes No
Longitude:
-81.774814
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Tyler Hickman:Tyler.Hickman
1c. Primary Contact Phone:*
(828)620-3176
$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: 27 - Restoration
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
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
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:
USDA Forest Service
2b. Deed book and page no.:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2c. Contact Person:
James Melonas
2d. Address
Street Address
160 Zillicoa Street
Address Line 2
City
State / Province / Region
Asheville
NC
Postal/Zip Code
Country
28801
USA
Yes No
Yes No
2e. Telephone Number:
(828)457-4269
2g. Email Address:*
james.melonas@usda.gov
3. Applicant Information (if different from owner)
3a. Name:
Brady Dodd
3b. Business Name:
3c. Address
Street Address
160 Zillicoa Street
Address Line 2
City
Asheville
Postal / Zip Code
28801
3d. Telephone Number:
(828)620-3176
3f. Email Address:
brady.dodd@usda.gov
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Lenoir, NC
2. Project Identification
2a. Property Identification Number:
2c. Project Address
Street Address
Address Line 2
City
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Craig Creek
3b. Water Resources Classification of nearest receiving water:
C;Tr,ORW
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501010504
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
2b. Property size:
State / Province / Region
Country
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: *
Storm events in 2004, 2019, and 2021 have resulted in episodic flood damage to road features and stream channels throughout the upper Wilson Creek watershed. Heavy rainfall and
flash floods in 2019 were powerful enough to reroute the Craig Creek stream channel through a segment of Mortimer Piedmont Road, damaging approximately 400 feet of the former
roadbed. Two stream crossing sites along Mortimer Piedmont Road (NFSR 982) also sustained heavy damage to drainage structures, which has obstructed proper streamflow and
passage for aquatic wildlife. This segment of Mortimer Piedmont Road was determined to be in an unsafe condition for open traffic and a closure order was enacted pending repair.
The Grandfather Ranger District of the Pisgah National Forest is proposing to implement relocation of the NFSR 982 road within the Craig Creek valley bottom while also relocating the
Craig Creek stream channel to a new location in the valley that would eliminate two road/stream crossings of that road.
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:
4g. List the total estimated linear feet of all existing streams on the property:
4h. Explain the purpose of the proposed project:*
Recurrent flooding has caused the deposition of sediment in the valley bottom and flooded out the road within this reach of Craig Creek. Deposition has, in turn, moved the stream channel
into the old roadbed causing erosion and loss of aquatic and riparian habitat. The new stream channel will be pulled back away from the new road, which will greatly reduce additional
stream sedimentation and make the stream channel more resilient to flooding and erosion. The stream will be recwntoured and realigned to restore waterflow and improve aquatic wildlife
habitats.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed stream restoration actions will use a medium sized tracked excavator to reroute sections of the stream, coordinated with the reconstruction of the new section of road to
avoid road/stream crossings. The stream restoration part of the project will use stream simulation design processes, detailed below. The process will use the existing upstream reach of the
channel as a reference reach for design of the upper about one-third of the new channel where similar morphology occurs. The middle third enters a wider valley bottom where reference
data will be used from off -site "C3" stream type reference reaches, and the lower third will be tied into an existing relic channel before reentering into the existing Craig Creek channel. This
information, along with Regional Curve data will be used to set a range of dimension, pattern and profile parameters and create pools, riffles and steps with appropriate grade controls
within the stream channel. This will ultimately restore free flow to this reach of stream, providing upstream access and passage for aquatic organisms, and increasing biodiversity in those
areas.
Planned erosion and sedimentation control measures for the project include the following activities:
• Streamflow will be diverted into the old channel to facilitate working in the dry.
• Coir matting will be placed along streambanks of the constructed stream to hold banks in place and prevent sediment displacement.
• Native seed and straw will be placed beneath the coir matting as a further prevention for erosion.
Some of the trees cut will be available to use in stream restoration, creating large woody debris within the riparian and create pools for fish habitat within the stream itself. Tree clearing will
be avoided during the active season for federally listed bats and all stream restoration work will be completed outside of the Trout Moratorium period of Oct. 15 to April 15. All required
permits for repair work will be obtained in advance of project implementation.
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):
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?
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
❑
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*
S1
Stream Relocation
Permanent
Relocation
Craig Creek
Perennial
Both
20
Average (feet)
800
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts:
800
3i. Total stream and ditch impacts:
800
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Construction would occur during low flow periods and flow would be diverted into an old channel to facilitate working in the dry. A temporarily increase in
turbidity and sediment deposition downstream of the site is possible during construction, but it will be minimized to keep turbidity levels below the
standard. The implementation of the project should decrease erosion and sedimentation overall. Work is expected to be completed over a three-week
period, depending on weather.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
A. Minimize the area and degree of soil disturbance that reduces infiltration capacity and permeability, and destroys protective forest floor and ground
cover.
B. All hazardous materials will be stored outside of flood -prone areas and surrounded with sediment fence to reduce the risk of materials reaching the
stream.
C. Work activities would not be scheduled on rainy days.
D. Heavy Equipment Operation.
1. All equipment shall be cleaned before entering the project area and stream, so as to reduce the risk of fine grained sediment and oils and grease from
entering the stream. This would also reduce the risk of invasive weed spread onto the Forest.
2. Do not operate on wet soils when they are most susceptible to damage and erosion.
3. Operate heavy equipment on slopes less than 12 percent so as to reduce the risk of soil erosion. Avoid operating heavy equipment on over -hanging
stream banks.
4. Move large woody debris and boulders in a manner that minimizes disturbance of the forest floor, exposure of mineral soil, or degradation of stream
bank stability.
E. Install sediment fence or coir logs to trap potential sediment. Stabilize any disturbed area at the end of each workday.
F. Re -vegetate exposed soils as soon as possible to take advantage of the loose soil conditions for seeding.
1. Exposed soil will be covered with pine -straw mulch or erosion control matting at the end of the project. Matting will be secured in place with stakes
and live stakes where conditions allow.
2. Temporary seeding will occur on all bare soil within five days of ground disturbing activities to provide long-term erosion control.
3. Stabilize channel banks with a temporary seed mix of wheat, millet, or similar annual grain as work is completed.
G. Do not move sediment trap devices until the vegetation in the disturbed areas has been established.
H. During on -going operations inspect the site frequently; inspect occasionally during inactive periods.
1. Check for potentially damaging or failing situations that may cause unacceptable water quality impacts.
2. Correct failing situations as soon as practical.
I. Conduct visual inspections of streamflow while the work is being conducted to maintain acceptable turbidity levels.
J. Use a skilled heavy equipment operator, trained in stream restoration and construction of in -stream structures. Instruct the operator to minimize
disturbance to the streambed.
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
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:
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:
This project will not increase soil compaction and thus will not increase runoff.
O
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
1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?
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
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?
Field surveys for wildlife biology and botany were conducted between December 2023 and January by FS Fisheries and Wildlife Biologist Lauren B.
Wilson, and FS Botanist Sue Fruchey. A Biological Assessment was completed on January 11th, 2024, and informal consultation with U.S. Fish and
Wildlife Service was initiated in compliance with Section 7 consultation requirements.
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?
We used the following web site: https://www.fisheries.noaa.gov/resource/map/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? *
On October 24, 2023, National Forests of North Carolina archaeologists Casey Kirby and Laura Aker conducted a field visit to the project area. The site
is Not Eligible for inclusion on the National Register of Historic Places (NRHP) and no further consideration for mitigation is required, and , the proposed
action was designated an Exempted Undertaking, which is excluded from further Section 106 review.
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?"
https://www.fema.gov/flood-maps/national-flood-hazard-layer
Miscellaneous
V
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
FinaIDM_CraigCreek3.25.24 signed GP.pdf 1.32MB
Dodd Delegation of Authority Section 404_2022.pdf 105.32KB
CraigCreek_Project Description and Specifications. pdf 1.88MB
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:
Brady N Dodd
Signature
�'tad��%xld
Date
4/12/2024
8