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HomeMy WebLinkAbout20180457 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:* Watauga Is this project a public transportation project?* f Yes f• No This is any publicly funded by municipal,state or federal funds road, rail, airport transportation project. 1a. Type(s) of approval sought from the Corps:* V Section 404 Permit (wetlands, streams and waters, Clean Water Act) F Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization?* IJ Nationwide Permit (NWP) r Regional General Permit (RGP) Nationwide Permit (NWP) Number: 13 - Bank Stabilization NWP Number Other: List all NW numbers you are applying for not on the drop down list. 1c. Type(s) of approval sought from the DWR:* check all that apply IJ 401 Water Quality Certification - Regular ❑ 401 Water Quality Certification - Express F- Non -404 Jurisdictional General Permit ❑ 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: r Yes G No r Yes f• No 1e. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? V so, attach the acceptance letter from mitigation bank or in -lieu fee program r Yes r No 1f. Is the project located in anyof NC's twenty coastal counties?* f Yes r No 1h. Is the project located in a designated trout watershed?* C Yes r No Link to trout information: http://wAw.saw.usace.army.mil/Missions/Regulatory-Permit-ProgranVAgency-Coordination/Trout.aspx B. Applicant Information 1a. Who is the Primary Contact?* Adam Williams 1b. Primary Contact Email:* adam@bfec.org 1c. Primary Contact Phone:* (423)727-4476 1d. Who is applying for the permit? ❑ Owner r Applicant (other than owner) m Agent/Consultant (Check all that apply) 2. Owner Information 2a. Name(s) on recorded deed: Mossy Creek Investments, LLC / Optimus Club of Boone Inc. 2b. Deed book and page no.: 1803/38 (Mossy) , 095/087(Optimus) 2c. Responsible party: (for Corporations) 2d. Address Street Address Address Line 2 204 Furman Rd aty Boone Fbstal / Zip Code 28607 2e. Telephone Number: (828)264-3644 2f. Fax Number: (xxx)xxx-xxxx 2g. Email Address:* zachs@holtonmountainrentals.com 4. Agent/Consultant (if applicable) 4a. Name: Adam Williams 4b. Business Name: (if applicable) Brushy Fork Environmental Consulting, Inc 4c. Address State / Province / Pegion NC Country USA Street Address 10565 Hwy 421 South Address Line 2 City Trade Pbstal / Zip Code 37691 4d. Telephone Number: (423)727-4476 (xxx)xxx-xxxx 4e. Fax Number: (XXX)XXX-XXXX Email Address:* adam@bfec.org State/ Province/ Region TN Country USA Agent Authorization Letter* Reese provide the Agent Authorization Letter if you are subnitting this document. Signed AA Mossy Creek.pdf 295.18KB SIGNED Optimus Club AA.pdf 164KB RLE TYPE MUST BE PDF C. Project Information and Prior Project History 1. Project Information .................................................................................................................................................................................................................................. 1a. Name of project:* Winkler Creek Streambank Stabilization - Mossy Creek Investments LLC 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town:* Boone, NC 1d. Driving directions* V it is a new project and can not easily be found in a GPS napping system Rease provide directions. Easily found by GPS. Project on Winkler Creek behind apartment building at 204 Furman Rd in Boone. 2. Project Identification 2a. Property Identification Number: (tax RN or parcel ID) 2910627434000 (Mossy Creek Investments), 2910627769000 (Optimus Club of Boone, Inc.) 2b. Property size: (in acres) 0.824 (Mossy Creek Investments), 5.5 (Optimus) 2c. Project Address Street Address 204 Furman Rd Address Line 2 City Boone Fbstal / Zip Code 28607 State / Province / Region NC Country USA 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:* 36.201197 -81.654739 ex: 34.208504 -77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Winkler Creek 3b. Water Resources Classification of nearest receiving water:* WS -II; Tr, HQW, CA Surface Water Lookup 3c. What river basin(s) is your project located in?* New 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:* The project is occurring near the downtown Boone area adjacent to an apartment complex This area is made up of largely impervious surfaces such as buildings, parking lots, and roadways. 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) nick the upload button or drag and drop files here to attach docunent Topo-location_ma p_Mossy_Creek. pdf File type crust be pdf 685.62KB 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 docunent Soil Map Mossy Creek.pdf 180.18KB File type rrust 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) 180 4f. Explain the purpose of the proposed project:* The purpose of the project is to stabilize the river right (south) stream bank of Winkler Creek. Approximately 165 ft of permanent impacts are proposed. 4g. Describe the overall project in detail, including indirect imapacts and the type of equipment to be used:* The project will stabilize the river right stream bank by installing rock .1 -hooks which will provide grade control and bank stabilization. Equipment to be used for this proposed construction include track -hoes, skidsteers, and dump trucks for hauling equipment, and building materials 4h. Please upload project drawings for the proposed project. nick the upload button or drag and drop files here to attach docur ant COMBINED Mossy Ck USACE Submittal 3-26-18.pdf 2.62MB Rle type rust be pdf 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No r Unknown Comments: Area was delineated for wetlands and none epst on the property. Wetland Datasheets and map are attached in Miscellaneous attachments. 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Unknown f• N/A Corps AID Number: Exarple:SAW--2017-99999 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Josselyn Lucas, WPIT Brushy Fork Environmental Consulting, Inc. 5d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5dl. Jurisdictional determination upload dick the upload button or drag and drop files here to attach docurent Mossy Creek PJD.pdf 132.98KB Rle type rrust 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 C 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 impact*3b.lmpact 3c. Type of impact*3d. Stream name* 3e. Stream 3f. Type of 3g. Stream 3h. Impact type* Type* Jurisdiction* width* length* S1 1 P Bank Winkler Creek Perennial Both Nbp label (e.g. Poad Crossing 1) Permanent (Pt or Stabilization Perennial (PER) or Temporary (1) internittent (INT) " All Perennial or Intermittent streams must be verified by DWR or delegated local government. 3i. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 165 3i. Total temporary stream impacts: 0 3i. Total stream and tributary impacts: 165 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:* The proposed work and associated impacts are intended to stabilize approbmately 165 linear feet of stream bank along the stream reach while minimizing impacts to aquatic resources. Design measures which minimize impacts include installation of J -hooks. All disturbed buffer areas will be immediately seeded upon completion (temporary - rye grain and browntop millet), matted (coconut/coir matting) and stabilized at the close of each construction day. 25 165 4 Average (feet) (linear feet) 1 2 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* All streambank disturbances will be stabilized same day and covered with coir (coconut matting) and livestaked to reduce sedimentation during construction. Only equipment in good condition will be used on this project, no leaks will be tolerated. Equipment will work from the streamanks to perform the majority of the work. In -stream access of equipment will be absolutely minimized. 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 C No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: This is a streambank restoration project which will not have impacts requiring mitigation on Waters of the U.S. or Waters of the State. 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? f Yes C No For a list of options to meet the diffuse flow requirements, click here. If no, explain why: Project is not within an NC Riparian Buffer Protection area. 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 f 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? f 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 213.0200)? f Yes r No 2b. Is this an after -the -fact permit application?* r 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. The project is a streambank stabilization only which will not lead to additional development. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes f 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? r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* f Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8?* f Yes r No 5f. Will you cut any trees 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.pctf 5h. Does this project involve the construction/installation of a wind turbine(s)?** f Yes r No 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.?* f Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?* USFW Asheville office was contacted in regards to impacts to endangered species or critical habitat areas. Please see miscellaneous attachments for USFW response letter. 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?* NOAA - Office of Habitat Protection Division 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/hpoveb/ 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)?* f Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* HPOWeb: NCHPO GIS Service. 7c. Historic or Prehistoric Information Upload aick the upload button or drag and drop files here to attach document Mossy SHPO Map.pdf 3.11 MB 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 proposed project is not anticipated to cause an increase in flood elevation. A No -Rise Certification will be submitted by Brushy Fork Engineering Division, LLC. to the Town of Boone floodplain administrator. 8c. What source(s) did you use to make the floodplain determination?* Town of Boone Web Mapper: hftps://gisviemr.tovvnofboone.net/maps/default.htm Miscellaneous Miscellaneous attachments not previously requested. gickthe upload button or drag and drop files here to attach docunent Mossy_Crk_Combined_for_submittal.pdf 2.9MB 18-186—Mossy Creek Investments Winkler Creek Stream Restoration Project—Watauga 182.45KB Co.pdf Mossy Creek USACE Submittal Coversheet.pdf 79.87KB File crust be FDF or KIVZ 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:* Adam Williams Signature Sign Initial Review Is this project a public transportation project?*(? r Yes r No Change only If needed. Has this project met the requirements for acceptance in to the review process?* r Yes f No BIMS # Assigned* 20180457 Version#* 1 Reviewing Office* Winston-Salem Regional Office - (336) 776-9800 Select Project Reviewer* Sue Homewood:eads\slhomewood Is a payment required for this project?* f No payment required f Fee received r Fee needed - send electronic notification What amout is owed?* r $240.00 0 $570.00