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HomeMy WebLinkAbout20170699 Ver 1_401 Application_201706170F WA 'r 90 Office Use Only: o� � 9 2 0 1 7 0 6 9 9 Corps action ID no. o < DWQ pr n . ,,— Form V n f3 A-& It L�2p Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing IRA 1 a. Type(s) of approval sought from theJUN Corps: To Section 404 Permit ❑Section 10 Pe Q 6 2017 1 b. Specify Nationwide Permit (NWP) number: 42 or General Permit (GP) number: n/a 1c. Has the NWP or GP number been verified by the Corps? ® Yes /A700 Q 8 B F RMITTIN 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 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 DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® 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. E3 Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ❑ Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Village Green Commons 2b. County: Jackson 2c. Nearest municipality / town: Cashiers 2d. Subdivision name: NIA 2e. NCDOT only, T.I.P. or state project no: N/A Owner Information 3a. Name(s) on Recorded Deed: The Village Green of Cashiers 3b. Deed Book and Page No. 2051/16 3c. Responsible Party (for LLC if applicable): Ann Self 3d. Street address: 160 Frank Allen Road 3e. City, state, zip: Cashiers North Carolina 28717 3f. Telephone no.: (828) 743-3434 3g. Fax no.: None 3h. Email address: info@villagegreencashiersnc.com Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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: S. Agent/Consultant information (if applicable) 5a. Name: Donald P. Jehle 5b. Business name (if applicable): jehle-halstead, inc. 5c. Street address: P. O. Box 624 5d. City, state, zip: Cashiers North Carolina 28717 5e. Telephone no.: 828-743-6081 5f. Fax no.: None 5g. Email address: djehle@jehle-haistead.com Page 2 of 11 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 7572-30-9622 1b. Site coordinates (in decimal degrees): - if you can't get Latitude: 35.11079 Longitude: - 83.10102 these, just include a very good vicinity map (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 11.57 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Tributary ditch to Cashiers Lake to Chattooga River proposed project: 2b. Water Quality Classification of nearest receiving water: B;Tr,ORW 2c. River basin: map is available at Tugaloo hftp:/th2o.enr.state.nc.us/admin/maps/ 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: The site is presently undeveloped, previously filled land. It is adjoined by a public park on the west, undeveloped land to the north and commercial office property to the east. 3b. List the total estimated acreage of all existing wetlands on the property: Approx. 0.42 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approx. 180' on the west and 165' on the north. 3d. Explain the purpose of the proposed project: The project includes the construction of a parking area to service the existing park. 3e. Describe the overall project in detail, including the type of equipment to be used: The overall project includes the construction of a new 17.632 sf gravel parking area. Access shall be provided by a paved entrance off of Frank Allen Road. There will be an elevated wooden walkway to provide pedestrian access from the parking area across the western creek to the park area. Stormwater detention will be provide in the center of the uplands area. The project will be construction with conventional sitework equipment including grades, front end loaders, dump trucks and bucket excavators. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes ❑ No El Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type Preliminary ® Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: COE/Alpha Environmental I Name (if known): David Brown Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Initial site visit 3/23/17; See attached for determination SAW -2017-00424 Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ® No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 4 of 11 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ® Wetlands ❑ 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. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary W1 ®P ❑ T Parking Lot ❑ Yes ® No ® Corps ® DWQ 0.2575 W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland Impacts 0.2575 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. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ® P [-IT ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ 3h. Total stream and tributary impacts 3i. Comments: Page 5 of 11 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 individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary 01 ❑P❑T 02 ❑P❑T 03 []POT 04 ❑P❑T 4f. Total open water impacts 4g. Comments: 6. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded number of pond P1 P2 6f. 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. ❑ Neuse El Tar -Pamlico ❑Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary impact required? El Yes 131 ❑P❑T ❑ No El Yes B2 ❑P❑T ❑ No ❑Yes B3 ❑P❑T ❑ No 6h. Total buffer impacts 6i. Comments: Page 6 of 11 1 i"101111111 '- - 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The Village Green is in need of additional parking area so it purchased the parcel in question for this purpose. Due to the extent of wetlands on the site it is impossible to avoid them completely and end up with any useful addition to their parking needs. The uplands on the site is only about 50 feet wide which would only allow a single row of parking with a single access drive. In addition, access would have to be obtained from the multiple private parcels to the east. Village Green has had discussions with the one of these owners who was reluctant to commit to allowing such access. With these conditions, total avoidance of wetlands is not possible. In order to minimize wetlands impacts several actions were taken to modify the original parking plan which is shown in Exhibit 1. Most significantly, the proposed stormwater retention system which was designed around the perimeter of the parking lot was re -designed to locate it in the center of the parking lot this removing it from the wetlands area. Although the perimeter area still needs to be disturbed for grading purposes to direct the site runoff to the retention area it will be restored with sodding and landscaping. Another step taken to minimize impacts was to reduce the size of the parking area. The west side of the lot nearest the creek was moved in to provide a 30' "buffer". The south side of the parking lot was pulled in as much as possible to still allow enough area in the middle island for stormwater retention. Finally, the original plan envisioned a sidewalk along Frank Allen Road. This sidewalk has been removed to eliminate permanent construction in the wetlands area although temporary grading will still need to be done in this area for drainage purposes. Frank Allen Road is highly subject to flooding near the southeast comer of the site so all necessary precautions are being taken to not exacerbate this condition. This includes the installation of a culvert under the driveway with re -grading the swale area to provide minimal drainage capacity. Although it was not possible to implement, a possible layout to eliminate the driveway connection onto Frank Allen Road was developed. This would have allowed less disturbance of the wetlands area along the property frontage. It required having access from the parcels to the east. As mentioned previously, adequate assurances were not obtained from the affected properties to be able to acquire a permanent access easement for this design. b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The parking lot will affect the minimum area possible. Heavy construction equipment and operations will be restricted from the buffer area along the west site. Small equipment and hand tools will be used to backfill and re -plant the affected areas outside of the parking surface. Temporary erosion control measures including hay bales and siltation fencing will be used to protect the wetlands during construction. Disturbed surface areas will be permanently stabilized with sodding or landscape vegetation to prevent any future wetlands impact. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ® Yes ❑ No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ® Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this ®Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 3. Complete If Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type 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: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: 0.322 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. 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 buffer mitigation? If Yes, you will have to fill out this entire form — please contact the State for more information. E] Yes ® No 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. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (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). i 6h. Comments: Page 8 of 11 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® 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 Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 54% 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The stormwater generated by the new parking lot will be captured in a central detention area located in the uplands portion of the site. Detained runoff will stored on-site and excess discharge will be routed to the drainage ditch along the north side of the site. ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Jackson County ❑ Phase ll 3b. Which of the following locally -implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ® Other: Cashier Dev. code 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? Cannot acquire County approval until COE approves wetlands impact. 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ® ORW (check all that apply): ❑ 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? ® Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ® Yes ❑ No Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 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 ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. 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 letter.) ❑ Yes ❑ No 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 ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® 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. No sewer service required. Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? El Raleigh 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? https://ecos.fws.gov/ecp/reportttable/critical-habitat. html 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? hftp://www.habitat.noaa.gov/protection/efh/efhmapper/ 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? Presumption that none exist due to existing site development features: Being verified with NC HPO 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: 8c. What source(s) did you use to make the floodplain determination? FEMA Map (Included in Attachments) Ann SelfPWUqL 5 �3 Applicant/Agent's Printed Name Applicant/Age s SigbAure Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 11 of 11