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HomeMy WebLinkAbout20090359 Ver 1_Application_20090422o c OFJbR. Z 2 200 41D 11?t ST Q .4 LEM 090359 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: X Section 404 Permit ? Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ? Yes X No l 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 le. NO 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 If. 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 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer In below. ? Yes X No th. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes X No 2. Project Information 23. Name of project: SR 1221 B, Locust Gap Road 2b. County: Watauga 2c. Nearest municipality / town: Reese 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 11C.095086 3. Owner Information 3a. Name(s) on Recorded Deed: NCDOT 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 801 Statesville Road 3e. City, state, zip: North Wilkesboro, NC 28659 3f. Telephone no.: (336) 903-9202 3g. Fax no.: (336) 667-4549 3h. Email address: hslaughter@ncdot.gov 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: 5. Agent/Consultant Information (if applicable) 5a. Name: 51b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no. 5f. Fax no.: 5g. Email address: Page 2 of 11 B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): 1 b. Site coordinates (in decimal degrees): Latitude: 36.33987 Longitude: -81.83499 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 5.4 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: UTs to Rube Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Watauga 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: Unpaved Road in Rural Area 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: Secondary Road Improvement 3e. Describe the overall project in detail, including the type of equipment to be used: See attached cover letter 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: ? Yes X No ? Unknown 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 phased project? ? Yes X No EIfye plain. Page 3 of11 PCN Form -Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary la. Which sections were completed below for your project (check all that apply): ? Wetlands X Streams - tributaries ? Buffers X 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) Tem ora T El Yes E] Corps W1 [I P ? T ? No ? DWQ ? Yes ? Corps W2 ? P ? T ? No ? DWQ ? Yes ? Corps W3 ? P ? T ? No ? DWQ ? Yes ? Corps W4 ? P ? T ? No ? DWQ ? Yes ? Corps W5 ? P ? T ? No ? DWQ ? Yes ? Corps W6 ? P ? T ? No ? DWQ 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. 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 X P ? T Pipe Replacement UT#2 to Rube Creek X PER ? INT X Corps X DWQ 1 15 S2 X P ? T Pipe Replacement UT#3 to Rube ? PER X Corps 1 15 Creek X INT X DWQ S3 X P ? T Pipe Replacement UT#4 to Rube Creek ? PER X INT X Corps X DWQ 1 15 S4 X P ? T Pipe Replacement UT#5 to Rube Creek ? PER X INT X Corps X DWQ 1 15 ? PER ? Corps S5 ? P ? T ? INT ? DWQ ? PER ? Corps S6 ? P ? T ? INT ? DWQ 3h. Total stream and tributary impacts 60 3i. Comments: Page 4 of 11 PCN Form - Version 1.3 December 1 0, 2008 Version 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 individual) 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 Tem ora T 01 ? P X T UTs to Rube Temporary Dewatering total for Streams 0.01 Creek all wet pipes 02 X P T UTs to Rube Total riprap placement for all Streams 0.002 Creek wet pipes (see cover letter) 03 ?P?T 04 ?P?T 4f. Total open water impacts 0.012 4g. Comments: 5. Pond or Lake Construction If and 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) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 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: Page 5 of 11 6. Buffer Impacts (for DWQ) If project will impact a protected riparia n buffer, then complete the chart below. If yes, then individuall y list all buffer impacts below. If an impacts require mitig ation, then you MUST fill out Section D of this form. 6a. ? Neuse ?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 T impact required? B1 ?P?T ?Yes ? No B2 ?P?T ?Yes ? No B3 ?P?T ?Yes ? No 6h. Total buffer impacts 61 . Comments: Page 6 of 11 D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. All impacts are necessary to improve this roadway. All appropriate BMPs will be used during construction. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. All appropriate BMPs will be used during construction 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 El 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 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: 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 7 of 11 PCN Form - Version 1.3 December 10, 2008 Version 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? ? Yes ? No 61b. 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). 6h. Comments: Page 8 of 11 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la. 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? 1b. 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? 40% 2b. Does this project require a Si Management Plan? ? Yes X 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: ? 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? ? Phase II ? NSW 3b. Which of the following locally-implemented stormwater management programs r-1 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): ? 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 1 0, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? 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 ActjNEPA/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 ? 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 ® 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. paving an existing road 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. N/A Page 10 of 11 PCN Form - Version 1.3 December 10, 2008 Version 5. 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? ? 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? GIS and Visual Inspection 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? WRC will comment 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)? 71b . What data sources did you use to determine whether your site would impact historic or archeological resources? SHPO 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? ncfloodmaps.com J. Heath Slaughter 4/17/09 ApplicanUAgent's Printed Name Applicant/Agent's nature Date (Agent's signature is valid only if an aut ization letter from the applicant is provide .) Page 11 of 11