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