HomeMy WebLinkAbout20240823 Ver 1_ePCN Application_20240613DW 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# *
20240823 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:
Cranberry Creek Restoration Project
la. Who is the Primary Contact?*
Andy Hill
1b. Primary Contact Email: *
Andy@mountaintrue.org
Date Submitted
6/13/2024
Nearest Body of Water
Cranberry Creek (Mulberry Creek)
Basin
New
Water Classification
B;Tr:+
Site Coordinates
Latitude:
36.3882
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:
-81.2683
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Rebecca Chandler:rebecca.chandler
1c. Primary Contact Phone:*
(828)406-2429
$570.00
$767.00
Q
V
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
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:
Conservation Trust of NC
2b. Deed book and page no.:
IDS 538/PG 1517
2c. Contact Person:
Rusty Painter
2d. Address
Street Address
PO Box 33333
Address Line 2
City
State / Province / Region
Raleigh
NC
Postal / Zip Code
Country
27636-3333
us
2e. Telephone Number:
2f. Fax Number:
(919)452-1396
2g. Email Address:*
rusty@ctnc.org
3. Applicant Information (if different from owner)
3a. Name:
Andy Hill
3b. Business Name:
MountainTrue
3c.Address
Street Address
164 Depot Street
Address Line 2
City
State / Province / Region
Boone
NC
Postal / Zip Code
Country
28607
us
3d. Telephone Number:
3e. Fax Number:
(828)406-2429
3f. Email Address:*
Andy@mountaintrue.org
4. Agent/Consultant (if applicable)
4a. Name:
Joseph Sullivan
4b. Business Name:
KO Technologies, inc.
4c.Address
Street Address
4505 Falls of Neuse Road, Suite 400
Address Line 2
City
State / Province / Region
Raleigh
NC
Postal / Zip Code
Country
27609
us
4d. Telephone Number: 4e. Fax Number:
(919)278-2533 (919)783-9266
0. Email Address:*
joe.sullivan@kci.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Laurel Springs
2. Project Identification
O
2a. Property Identification Number:
14429058
2b. Property size:
19.61
2c. Project Address
Street Address
East of the Blue Ridge Pkwy and South of Laurel Fork Rd
Address Line 2
city
Laurel Springs
Postal / Zip Code
28644
3. Surface Waters
3a. Name of the nearest body of water to proposed project: "
Cranberry Creek (Mulberry Creek)
3b. Water Resources Classification of nearest receiving water:'
B;Tr:+
3c. What river basin(s) is your project located in?
New
3d. Please provide the 12-digit HUC in which the project is located.
050500010208
4. Project Description and History
State / Province / Region
NC
Country
US
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 site is located along the Blue Ridge Parkway. The property is mostly forested with cleared areas along the site access road and around the perimeter of the pond. The surrounding
area is a mixture between forest and cleared agricultural land with associated facilities.
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:
0.192
4g. List the total estimated linear feet of all existing streams on the property:
1,045
4h. Explain the purpose of the proposed project:*
The restoration project includes the removal of an earthen dam, pond, and culvert along UT Cranberry Creek as well as another culvert on Unnamed Tributary 2 (UT2). The goal of the
project is to restore natural stream morphology to a headwater system that drains into Cranberry Creek. The project will improve aquatic organism passage, instream habitat, and natural
stream processes along both project streams. Both the earthen dam and culverts are in poor condition, and the removal of these structures will provide protection to downstream habitat
while increasing aquatic connectivity within the system.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Construction will begin by draining the pond first. Once drained, the majority of the earthen dam will be removed and excavated material will be placed along relatively flat areas around the
margins of the pond and access road. Four cascading riffle structures and three boulder steps will then be installed beginning just upstream of the dam and ending approximately 120'
downstream near the existing stand -pipe outlet. A sloped floodplain bench will be installed along both sides of the channel, and then a terrace slope will be graded at a 2:1-3:1 slope to tie
out to existing ground. Following the removal of the dam and downstream channel work, the 18" CMP located at the upstream end of the pond will be removed. Once all permanent
stabilization measures associated with the restoration of UT Cranberry Creek have been installed, construction along UT2 will begin. Construction along UT2 will begin by installing a
pump -around operation to allow all grading to be completed in dry conditions. The existing 48" CMP will then be removed and replaced with a cascading riffle structure comprised of cobble
and small boulders. The restoration areas will be planted with native species during the dormant season following construction implementation. A variety of heavy equipment may be used
for this project, including track hoes, front-end loaders, back hoes, and dump trucks.
See attached Technical Memorandum for more details on the Design and Implementation.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Comments:
PJD Request is attached to the PCN
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): Conor Veeneman
Unknown
Agency/Consultant Company: KCI Technologies 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 *
W1
Stream Restoration
P
Headwater Forest
WS
No
Corps
0.007
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.007
2g. Total Wetland Impact
0.007
21. Comments:
All wetland impacts are the result of stream restoration activities associated with the removal of the dam.
3. Stream Impacts
F
S1
3a. Reason for impact (?)
Stream Stabilization
3b.lmpact type*
Temporary
3c. Type of impact*
Stabilization
3d. S. name*
UT Cranberry Creek
3e. Stream Type*
?)
Perennial
3f. Type of
Jurisdiction*
Corps
3g. S. width
Average (feet)
3h. Impact
length*
16
(linear feet)
g2
Stream Stabilization
Temporary
Stabilization
UT2
Perennial
Corps
Average (feet)
18
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 31. Total temporary stream impacts:
0 34
3i. Total stream and ditch impacts:
34
3j. Comments:
The S1 stream impact is due to stream restoration activities following the removal of the UT Cranberry Creek Dam. the S2 stream impact is due stream
stabilization following the removal of an existing culvert. The stabilization of the stream banks in the vicinity of the structures will involve addition of rock
material and installation of soil lifts and live stakes.
4. Open Water Impacts
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type �114e.
Waterbody type
4f. Impact area
P1
Dam Removal &
Stream Restoration
P ]E��
Drainage
Pond
0.41
4g. Total temporary open water Impacts: 4g. Total permanent open water impacts:
0.00 0.41
4g. Total open water impacts:
0.41
4h. Comments:
The pond will drained in order to remove an existing dam that is an impediment to aquatic organism passage. The pond will then be restored to a stream
(UT Cranberry Creek).
E. Impact Justification and Mitigation O
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The project will involve the removal of a deteriorated dam structure and the restoration stream banks and the stream bed. Wetlands will likely form in the
area of the drained pond, adjacent to the restored UT Cranberry Creek. Existing crossings will be utilized to avoid the need for temporary impacts during
construction.
The design also incorporates erosion and sediment control measures to minimize sediment release during construction.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction will begin by draining the pond first. Downstream areas of the restored UT Cranberry Creek will be designed to serve as a sediment sink
while the stream adjusts through the pond. A pump -around will be used during the restoration of UT Cranberry Creek through the drained pond.
Restoration of UT2 will begin by installing a pump -around operation to allow all grading to be completed in dry conditions. All permanent stabilization
measures will be implemented prior to demobilization. Typical sediment and erosion control practices will be implemented (See Soil and Sediment and
Erosion Control 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:
Project is a stream restoration
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 not located with a protected 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:
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:
N/A
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.
Project is a dam removal and stream restoration. These activities will not lead to 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
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?
NC NHP database was consulted on 3128/2024. A Biological Evaluation was submitted to USFWS for concurrence on 5/20/2024 and their concurrence
is attached.
6. Essential Fish Habitat (Corps Requirement)
Ga. 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?
Essential Fish Habitat Mapper. http://www.habitat.noaa.gov/protection/efh/efhmapper/index.html
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?
NC SHPO conducted a review of the project and determined no historic resources would be affected by the project. See attached concurrence letter.
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?
NC Floodplain Mapping Program
Miscellaneous
O
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
CranberryCreek_Attachments _Combined.pdf 17.85MB
File must be PDF or KMZ
Comments
A Pre -Application call with the USACE (Amanda Fuemmeler) and NCDEQ (Rebecca Chandler) was conducted on 4/29/24.
Signature
0
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:
Joseph Sullivan
Signature
Date
6/13/2024