HomeMy WebLinkAbout20170284 Ver 1_401 Application_20170317March 8, 2017
Ms. Karen Higgins
NC DENR Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
Providing Sound Environmental Solutions
5902 Highway 421 South
Mountain City, TN 37683
ph/fax: 423.727.4476
adam@bfec.org
RE: Bryant's Land Development After -the -Fact Stream Crossing NW 39/GC3890 Application
Burnsville, NC -Yancey County
Ms. Higgins,
Enclosed find 4 copies of the referenced project permit/PCN application. Also enclosed
please find a $240.00 check specific to the minor water quality certification permit
application fee.
If you have any questions give me a call at 423.727.4476.
Sincerely,
Adam Williams, PWS
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: NW39 or General Permit (GP) number: GC 3890
1c. Has the NWP or GP number been verified by the Corps?
❑Yes ❑X Nb
1 d. Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑X No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑ No
2. Project Information
2a. Name of project:
Bryant's Land Development Stream Crossing
2b. County:
Yancey
2c. Nearest municipality / town:
Burnsville
2d. Subdivision name:
n/a
2e. NCDOT only, T.I.P. or state project no:
n/a
3. Owner Information
3a. Name(s) on Recorded Deed:
Bryant's Land and Development
3b. Deed Book and Page No.
DB 697; PG 512
3c. Responsible Party (for LLC if
applicable):
n/a
3d. Street address:
159 Depot St
3e. City, state, zip:
Burnsville NC 28714
3f. Telephone no.:
8286789966
3g. Fax no.:
8286789708
3h. Email address:
gbbryantindustries@yahoo.com
Page 1 of 10
PCN Form — Version 1.4 January 2009
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
Adam Williams
5b. Business name
(if applicable):
Brushy Fork Environmental Consulting, Inc.
5c. Street address:
5902 Highway 421 South
5d. City, state, zip:
Mountain City, TN 37683
5e. Telephone no.:
423-727-4476
5f. Fax no.:
5g. Email address:
adam@bfec.org
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
082016930457000
1 b. Site coordinates (in decimal degrees):
Latitude: 35.914177 Longitude: -82.279623
1 c. Property size:
3.56 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
UT-Tantrough Branch
2b. Water Quality Classification of nearest receiving water:
Class C; Trout
2c. River basin:
French Broad
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Commercial development on-site and throughout the watershed.
3b. List the total estimated acreage of all existing wetlands on the property: 0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 250
3d. Explain the purpose of the proposed project:
After -the -fact permitting of approximately 50 linear feet (48" CPP) of Un -named Tributary to Tantrough Branch.
3e. Describe the overall project in detail, including the type of equipment to be used:
Tracked excavator was used to install the 50 ft x 48 inch culvert. Someone called on the landowner and Andrew Moore with NCDENR Division of Watei
D
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑ Yes ❑ No ❑X Unknown
Comments: gFEC filled attached JD form.
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ❑ Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes ❑X No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ❑X No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1
Choose one
Choose one
Yes/No
-
W2
Choose one
Choose one
Yes/No
-
W3
Choose one
Choose one
Yes/No
-
W4 -
Choose one
Choose one
Yes/No
-
W5 -
Choose one
Choose one
Yes/No
-
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Culvert
UT - Tantrough Branch
PER
Corps
5
50
S2 -
Choose one
S3 -
Choose one
S4 -
Choose one
S5 -
Choose one
S6 -
Choose one
3h. Total stream and tributary impacts
50
3i. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivii ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
02 -
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
(acres)
Flooded Filled Excavated Flooded Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar-Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number –
Permanent (P) or
T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
—Temporary
B1
Yes/No
B2
Yes/No
B3
Yes/No
B4 -
Yes/No
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
6i. Comments: 9
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Concrete headwall/wingwalls were installed to keep fill from entering the creek. Silt fence was installed as well to reduce sedimentation. Andrew Moore
with NCDENR DWR expressed concern that the pipe was not buried deep enough to allow passage of low flow aquatic life. Rather than remove the
pipe and re -install (which would significantly increase sedimentation to the channel), we propose to install a small boulder grade control structure near
the downstream culvert invert, causing the pipe bottom to fill with sediment and provide low flow passage for aquatic life.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Silt fence and concrete wing walls were installed during construction. A rock grade control structure (cross -vane) will be installed downstream of the
pipe to back water into the pipe. Once this structure is installed, all disturbed areas will be seeded with temporary and permanent seed mix and
covered with mulch (see detail).
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 ❑X No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
❑ Yes ❑ No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10
E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
95
2b.
Does this project require a Stormwater Management Plan?
❑ Yes X❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
Project impervious % will not increase as a result of this project.
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e.
Who will be responsible for the review of the Stormwater Management Plan?
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
❑ Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4. DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
F1 Session Law 2006-246
[]Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached.
5. DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?X❑
Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑X Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes
❑X No
use of public (federal/state) land?
1 b. 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
❑ Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes
❑ No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑Yes
❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
❑X Yes
❑ No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
Bryant's Land Development installed a 50'x 48" CPP without permit thinking the channel was not jurisdictional. Andrew Moore with NCDENR DWR
was made aware of the project and issued violation pending after -the -fact permit approval.
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
❑X No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Page 9 of 10
PCN Form — Version 1.4 January 2009
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
ElYes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
ElYes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
A scoping letter has been submitted to Byron Hamstead with USFW - we are awaiting response.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes Q No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAH - office of Habitat Protection Division
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
❑ Yes ❑ No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC Historic Preservation office has been contacted - awaiting response.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?❑Yes
X❑ No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
Yancey County GIS
Bryant's Land Development (Greg
Bryant)
/'I
Applicant/Agent's Printed Name
Date
pp icant/ ent's Signature
(Age s signature ' valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10
SCALE 1:24000
0 1000 2000 3000 4000 5000 6000 700
FEET
Bryant's Land Development Site Map
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CONSTRUCTION NOTES
1. CONSTRUCTION SHALL BEGIN WITH THE
INSTALLATION OF THE VANE ARM
CROSS VANE WING
PORTIONS OF THE STRUCTURE
INCLUDING HEADER AND FOOTER ROCKS,
2. ARM ANGLE AND SLOPE WILL BE STAKED
NON -
OUT OR VERIFIED BY CONSTRUCTION
GEOTEXTILE
OVERSIGHT STAFF PRIOR TO
FABRIC
CONSTRUCTION.
A
3. GEOTEXTILE CLOTH WILL BE PLACED
AGAINST THE OUTSIDE EDGE OF THE
THE VANE ARM BOULDERS.
4. THE VANE ARM CUT-OFF SILLS WILL BE
CONSTRUCTED PERPENDICULAR TO THE
ARM ANGLE TO PREVENT THE
FORMATION OF A CUTOFF CHANNEL.
5. IN THE CENTER (CROSS) PORTION THE
CUT-OFF SILL (TYP)
HEADER ROCKS SHALL BE PLACED SO
THAT THE TOP OF THE HEAD ROCK IS
AT AN ELEVATION EQUAL TO THE
PROPOSED BED ELEVATION.
": •*
6. GEOTEXTILE FABRIC SHALL BE PLACED
* a;
IN THE ARM AND CROSS TREANCH WITH
APPROX. 2 FT. OF OVERLAP.
Z ROCK FILL MATERIAL SHALL BE BACK
FILLED AROUND THE FABRIC.
8. THE HEADER ROCKS ON THE WING
PORTION SHALL BE PLACED SO THAT
SURFACE ROCK (TYP)
THEY SLOPE UP FROM THE BED
ELEVATION AT THE CROSS PORTION, TO
A BANKFULL ELEVATION AND MEET THE
NOTE:
BANK AT A 15°-22° ANGLE.
POOL STEP OMITTED FOR CLARITY
9. SURFACE AND FOOTER ROCKS AT BOTH
ENDS SHALL BE TIED IN SECURELY TO
THE BANK TO ELIMINATE THE
POSSIBILITY OF WATER DIVERSION.
FLAW
POOL
`STEP
;SUN
I GLIDE
�L► B
PLAN
CROSS
d�
0.A11.11
AA
CROSS-SECTION
TIVE STONE AND COBBLE
SURFACE ROCK
FOOTER ROCK(5)
i6mi
ROCK (TYP)
RAMP (TYP) t
A
SET HEADROCK TO MATCH
THALWAG ELEVATION
�r oYd.r
ROCK (TYP)
aas®oHmmnR
DETM 9Y ROSSM.
MLDL,M HYDROLOGY, 2013
B -B
PROFILE
ROCK CROSS -VANE STRUCTURE
Crossvane grade control structure is proposed just downstream of the 48" Corrugated Plastic Pipe
to back water into the pipe allowing low—flow passage of aquatic life