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HomeMy WebLinkAbout20180339 Ver 1_401 Application_20180318DWR Division of water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) January 31, 2018 Ver 2.3 Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of the E -PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https:lledocs.deq.nc.govMaterResources101edocl6247041PCN%20Help%20File%202018-1-30.pdf A. Processing Information County (or Counties) where the project is located:* Buncombe Is this project a public transportation project?*(�) f Yes f• No 1a. Type(s) of approval sought from the Corps:* V Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization?* r% Nationwide Permit (NWP) r Regional General Permit (RGP) Nationwide Permit (NWP) Number: 27 - Restoration Nationwide Permit (NWP) Number: 03 - Maintenance NWP Number Other: List all WV nurrbers you are applying for not on the drop down list. 1c. Type(s) of approval sought from the DWR:* check all that apply V 401 Water Quality Certification - Regular ❑ 401 Water Quality Certification - Express F Non -404 Jurisdictional General Permit r Riparian Buffer Authorization .............................................................. * 1d. Is this notification solelyfor the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: b Yes O No r Yes O No 1e. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from nitigation bank or in -lieu fee program r Yes r No 1f. Is the project located in anyof NC's twentycoastal counties?* f Yes r No 1h. Is the project located in a designated trout watershed?* C Yes r No Link to trout information: http://wuwv.saw.usace.army.mil/Missions/Regulatory-Permit-ProgranVAgency-Coordination/Trout.aspx B. Applicant Information 1a. Who is the Primary Contact?* Clear Water Environmental Consultants, Inc. 1b. Primary Contact Email:* alea.tuttle@gmail.com 1c. Primary Contact Phone:* (828)698-9800 1d. Who is applying for the permit? r Owner r Applicant (other than owner) rJ Agent/Consultant (Check all that apply) 2. Owner Information 2a. Name(s) on recorded deed: West Range LLC 2b. Deed book and page no.: 2163/0847 2c. Responsible party: (for Corporations) Chuck Pickering 2d. Address Street Address One North Pack Square Address Line 2 qty Asheville Fbstal / Zip Code 28801 2e. Telephone Number: (XXX)XXX-XXXX (828)225-6745 2f. Fax Number: (xxx)xxx-xxxx 2g. Email Address:* cpickering@biltmore.com 4. Agent/Consultant (if applicable) 4a. Name: R. Clement Riddle 4b. Business Name: (if applicable) Clearwater Environmental Consultants, Inc. State / Province / Fbgion NC (buntry USA 4c. Address Street Address 32 Clayton Street Address Line 2 City State / Province / Pegion Asheville NC Pbstal / Zip Code Country 28801 USA 4d. Telephone Number: (828)698-9800 (xxx)xxx-xxxx 4e. Fax Number: 4f. Email Address:* alea@cv,env.com Agent Authorization Letter* Pease provide the Agent Authorization Letter if you are subnitting this docurrent. 652_Agent Authorization. pdf 58.61 KB RLETYFE M -ST BE RDF C. Project Information and Prior Project History 1. Project Information .................................................................................................................................................................................. 1a. Name of project:* West Range Outfall Stabilization and Stream Restoration 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town: Asheville 1d. Driving directions* If it is a new project and can not easily be found in a GPS crapping system Rease provide directions. From 126 East/ Take Exit 33 for NC-191/Brevard Road. Drive north on NC -191 for approximately 0.2 miles and then turn right onto Long Valley Road. 2. Project Identification 2a. Property Identification Number: (tax RN or parcel ID) 9636479770 2b. Property size: (in acres) 3,067 2c. Project Address Street Address 80 Jones Farm Road Address Line 2 City State/ Province/ Region Asheville NC Postal / Zip Code Country 28806 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how the location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude:* Longitude:* 35.547415 -82.597855 ex: 34.208504 -77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* French Broad River 3b. Water Resources Classification of nearest receiving water:* B Surface Water Lookup 3c. What river basin(s) is your project located in?* French Broad River Basin Lookup 4. Project Description 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:* Site conditions consist of eroded stream channels in a forested tract. Land use in the drainage area includes forested, agricultural, commercial and transportation uses. 4b. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) aick the upload button or drag and drop files here to attach docunent 652_USGS Fig 2.pdf 1.39MB File type crust be pdf 4c. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) aick the upload button or drag and drop files here to attach document 652_Soils Map_3.pdf 1.75MB File type rust be pdf 4d. List the total estimated acreage of all existing wetlands on the property: 0 4e. List the total estimated linear feet of all existing streams on the property: (internittent and perennial) 14764 4f. Explain the purpose of the proposed project:* The purpose of the proposed work is to repair and stabilize streams damaged by storm water scouring and incision from watershed development. 4g. Describe the overall project in detail, including indirect imapacts and the type of equipment to be used: This project involves restoration and stabilization of Long Valley Branch and four of it's unnamed tributaries, and two unnamed tributaries to Hominy Creek. This will include bank grading, and modification to channel dimension pattern and profile. Culvert maintenance and replacement will be performed. 4h. Please upload project drawings for the proposed project. nick the upload button or drag and drop files here to attach document 652—West Range 02-06-2018.pdf 19.76MB Rle type crust be pdf 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the propertyor proposed impact areas?* r Yes r No r Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved G Unknown r N/A Corps AID Number: Example: SAM2017-99999 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 5d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5d1. Jurisdictional determination upload Qickthe upload button or drag and drop files here to attach docurrent File type must be FDF 6. Project History 6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? f Yes r No r Unknown 7. Future Project Plans 7a. Is this a phased project?* f Yes r 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? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): r- Wetlands P Streams -tributaries r Buffers r Open Waters F Pond Construction 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. Reason for 3b.lmpact 3c. Type of impact *3d. Stream name * 3e. Stream 3f. Type of 3g. Stream 3h. Impact s impact* type* Type* Jurisdiction* width* length* S1 S1 P Stabilization Long Valley Branch Perennial Corps 5 2,577 1 Nap label (e.g. Road Grossing 1) Fenranent (P) or Perennial (Fff� or Average (feet) (linear feet) 2 Temporary M internittent (INT) S2 S2 P Stabilization UTI Nap label (e.g. Fbad Crossing 1) Permanent (P) or Temporary (T) S3 S3 P Nap label (e.g. Road Grossing 1) Fern anent (P) or Tenporary (T) S4 S4 P Nap label (e.g. Road Crossing 1) Pbrrrenent (P) or Temporary (-0 S5 S5 P Nap label (e.g. Read Crossing 1) Fern -anent (P) or Tenporary (T) Stabilization UT2 Stabilization UT4 Stabilization U75 S6 S6 P Stabilization UT6 Nap label (e.g. Read Crossing 1) Fermanent (P) or Terrporary (1) Perennial Corps 3 2,913 1 Perennial (FT3:� or Average (feet) (linear feet) intermttent (INT) Perennial Corps 2 431 8 Farennial (Fff� or Average (feet) (linear feet) 6 inter ittent (INT) 2 Intermittent Corps 2 50 1 Perennial (PBS or Average (feet) (linear feet) 0 intermttent (INT) 0 Perennial Corps 3 772 2 Perennial (F$� or Average (feet) (linear feet) intermittent (INT) 3 1 6 Perennial Corps 3 2,746 8 Perennial (F13� or Average (feet) (linear feet) intermittent (INT) ** All Perennial or Intermittent streams must be verified by DWR or delegated local government. 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 9,489 3i. Total temporary stream impacts: 0 3i. Total stream and tributary impacts: 1259 3j. Comments: Construction activity, including stabilizing non -jurisdictional channels, is occurring upslope of LFI -2, LFI -3, LFI -4, UT5, and UT6. 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 is a stream restoration project. Any discharge of fill material is done with the purpose of establishing stable stream dimension, pattern, and profile, thereby reducing streambank erosion and enhancing the aquatic habitat. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* The stream will be constructed in the dry using a pump around system. Erosion control methods will include using erosion control matting, rye grain and straw mulch, temporary stream crossing bridge mats, and temporary silt fences. 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? f Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The project will not result in a permanent loss of any Waters of the US F. Stormwater Management and Diffuse Flow Plan (required by DWR) *** Recent changes to the stormwater rules have required updates to this section .*** 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? r Yes r No For a list of options to meet the diffuse flow requirements, click here. If no, explain why: The project is not in a Riparian Buffer Protection Program Watershed, and is not classified as trout waters. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? f Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?* r Yes r No To look up low density requirement click here 15A NCAC 02H.1003(2). 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? r Yes r 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)? * r Yes r No 2b. Is this an after -the -fact permit application?* f Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?* f Yes r No 3b. If you answered "no," provide a short narrative description. This project will not attract any additional development. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* f Yes r Nor 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?* f Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* C Yes r No 5d. Is another Federal agency involved?* t' Yes r No f Unknown 5e. Is this a DOT project located within Division's 1-8?* r Yes r No 5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?* r Yes r No 5g. Does this project involve bridge maintenance or removal?* f Yes r No Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30.17-signed_NLEB-SLOPES&apps.pdf 5h. Does this project involve the construction/installation of a wind turbine(s)?`* f Yes r No 51. 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.?* f Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?* North Carolina Natural Heritage Data Explorer, and US Fish and Wildlife list of Endangered Species, Threatened Species, Federal Species of Concern, and Candidate Species for Buncombe County. CEC consulted the FWS "Northern Long Eared Bat Consultation Areas" map for Buncombe County. The project is not located near any known occurrences of hibernacula or maternity sites. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* f Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* South Atlantic Habitat and Ecosystems IMS. Impact will not occur in a marine system. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/ 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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)?* r Yes f No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC State Historic Preservation Office mapping utility (HPOWEB). The site is on the Biltmore Estate (NHL) HPO Site ID: BN1835. Also a surveyed site Inanda House (BN0439) is close to the Limits of Disturbance. A cultural resources survey has been done and the findings will be submitted to the NC SHPO and Corps as soon as it is completed. 7c. Historic or Prehistoric Information Upload pick the upload button or drag and drop files here to attach docurent 652_HPO_BN1835 - Biltmore Estate. pdf 17.83MB File rust be FDF 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: The applicant will comply with the Buncombe County floodplain ordinance and obtain a no -rise certification if necessary. 8c. What source(s) did you use to make the floodplain determination?* CEC consulted FIRM panels 3700963600J and 3700963700J. Miscellaneous Miscellaneous attachments not previously requested. pick the upload button or drag and drop files here to attach docurent Property Card PIN 9636479770.pdf 624.74KB 652_FEMA map_6.pdf 3.09MB 652 Vicinity Fig 1.pdf 1.37MB 652_lmpact_map_5.pdf 2.21 MB 652—Aerial Map_4.pdf 2.62MB Buncombe County Endangered Species, Thr ... pdf 210.65KB 652 Preliminary ORM Data Entry Fields for New Actions 20150602.pdf 216.65KB 652_TE_project_report_biltmore_estate_highway_191_11107_11107.pdf 962.82KB 652_ cover_ letter_signed.pdf 281.97KB File rust be FDF or KW Signature P By checking the box and signing below, I certify that: ■ 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:* Alea Tuttle Signature E� Initial Review Is this project a public transportation project?*(? f Yes r No Change only ff needed. Has this project met the requirements for acceptance in to the review process? r Yes f No BIMS # Assigned 20180339 Version#* Reviewing Office* Asheville Regional Office - (828) 296-4500 Select Project Reviewer* Zan Price:eads\gaprice Is a payment required for this project?* f No payment required r Fee received r Fee needed - send electronic notification What amout is owed?* f $240.00 r $570.00