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HomeMy WebLinkAbout20191091 Ver 1_PCN Form Submission_20190813DR 02*10n of Water R"Ourc" Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance into the review process?* r Yes r No Is this project a public transportation project?* r Yes r No Change only if needed. BIMS # Assigned * Version#* 20191091 1 Is a payment required for this project?* * No payment required What amout is owed?* * Fee received r $240.00 r Fee needed - send electronic notification r $570.00 Reviewing Office* Select Project Reviewer* Fayetteville Regional Office - (910) 433-3300 Chad Turlington:eads\ccturlington Information for Initial Review 1a. Name of project: Lumber River SP Debris Removal 1a. Who is the Primary Contact?* Michael Peveler 1b. Primary Contact Email:* Michael.peveler@ncparks.gov Date Submitted 8/13/2019 Nearest Body of Water Lumber River Basin Lumber Water Classification C, SW Site Coordinates Latitude: 35.022976 A. Processing Information Longitude: -79.442613 County (or Counties) where the project is located: Hoke Scotland Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: F Section 404 Permit (wetlands, streams and waters, Clean Water Act) P Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1 b. What type(s) of permit(s) do you wish to seek authorization? 1c. Primary Contact Phone:* (919)707-8188 PF Nationwide Permit (NWP) F- Regional General Permit (RGP) F_ Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: V 401 Water Quality Certification - Regular Non -404 Jurisdictional General Permit Individual Permit 03 - Maintenance 1e. 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: F- 401 Water Quality Certification - Express F_ Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?" r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? C Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? C Yes r No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? C Yes r No B. Applicant Information 1d. Who is applying for the permit? V Owner r Applicant (other than owner) 1e. Is there an Agent/Consultant for this project? r Yes r• No 2. Owner Information 2a. Name(s) on recorded deed: NCDNCR, Division of Parks & Recreation (c.o. Lumber River State Park 2b. Deed book and page no.: 2c. Responsible party: 2d. Address Street Address 1615 Mail Service Center Address Line 2 city Raleigh Postal / Zip Code 27699-1615 2e. Telephone Number: (919)707-8188 2g. Email Address:" michael.peveler@ncparks.gov C. Project Information and Prior Project History State / Frovince / Fbgion NC Country us 2f. Fax Number: C Yes r No C Yes r No 1. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality/town: Wagram 2. Project Identification 2a. Property Identification Number: 2c. Project Address Street Address Address Line 2 CKY Pbstal / Zip Cade 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Lumber River 3b. Water Resources Classification of nearest receiving water:* C, SW 3c. What river basin(s) is your project located in?* Lumber 3d. Please provide the 12 -digit HUC in which the project is located. 030402030301 4. Project Description and History 2b. Property size: State / Province/ Pegion Country 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 proposed project begins where Drowning Creek meets HWY 15 Aberdeen Rd in Hoke County and ends where the Lumber River meets HWY 401 Lurinburg Rd in Hoke County. This stretch of river consist of heavily forested bottom land hardwoods and Riverine Swamp. The river is bordered throughout by the Lumber River State Park, farm fields and private land. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r- Yes r" No r Unknown 4d. Attach an 8 1/2 X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Lumber River Snagging & Clearing Slide Series Guide.pdf 818.46KB 4e. Attach an 8 1/2 X11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) 4f. List the total estimated acreage of all existing wetlands on the property: 4g. List the total estimated linear feet of all existing streams on the property: 4h. Explain the purpose of the proposed project:* This project will remove debris from the center of the river that impedes navigation due to storm events. This Will be a snagging project and not a dredging project. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* please see at scope of work 11. Remove all debris from the River and haul to a landfill approved by the Contract Administrator. 13. Be responsible for the removal of debris which shall be limited to a ten (10) -foot wide by three (3) -foot deep corridor in the middle of the river, to provide passage through debris that is completely or partially blocking the navigation of the river. No clearing shall occur within five (5) feet of either bank. Overhanging or leaning debris within the ten (10) -foot corridor shall be cleared to a height often (10) feet above the river. 14. Be responsible for the removal of trees leaning over the river at an angle less than or equal to forty-five (45) degrees and severely undercut by erosion. Stumps and tree root wads shall be left in place to provide bank stabilization and aquatic habitat. Uprooted stumps directly in the channel may be pulled from the ground (no excavation) but shall include no more that minimal amount at or raft mounted winches, blocks and tackles, etc. Heavy mechanized equipment shall not be used in or on the wetlands of the river unless prior approval is given by the appropriate agencies. Mechanized land clearing and excavation of soil or sediment shall not occur within wetlands at any time. 4j. Please upload project drawings for the proposed project. SOW.pdf 79.2KB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r- Yes Comments: r No r Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW -2017-01037 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 5d1. Jurisdictional determination upload 6. Future Project Plans 6a. Is this a phased project?* r 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? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): ❑ Wetlands ❑ Streams -tributaries r Buffers m Open Waters ❑ Pond Construction 4. Open Water Impacts —11 Ia. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type 4e. Waterbody type 4f. Impact area Aide 1-3 storm debris removal TLumber river Other11 Tributary 19.39 4g. Total temporary open water Impacts: 4g. Total permanent open water impacts: 19.39 0.00 4g. Total open water impacts: 19.39 4h. Comments: this project will only snag and clear debris in a ten foot wide swath in the middle of the river 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: Work will take place on from boats an no heavy machinery will be used. there will be no impacts to the river substrate of banks 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Debris will be snagged to a 3 foot depth and no dredging will take place. All work will be done using hand tools and winches to minimize any impacts to the channel. 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? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Work will take place from boats and no heavy machinery will be used. F. Stormwater Manaaement and Diffuse Flow Plan (reauired by DWR) 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 If no, explain why: The work will be done from boats and will not contact any substrate 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? C Yes t. No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r No 3. Stormwater Requirements 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters.* r Stormwater Management r Antidegradation Plan Calculations 3b. Stormwater Management Plan 3c. Antidegradation Calculations: Comments: This is a river snagging project and all work will be done from boats. 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 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 (North Carolina) Environmental Policy Act (NEPA/SEPA)?* r Yes r No Comments: The total cost is below the SEPA threshold 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 (15ANCAC 2B .0200)? * r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. This is a river snagging project to remove storm debris 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r No r NIA 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. Raleigh 5d. Is another Federal agency involved?* r Yes f No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes f No 5g. Does this project involve bridge maintenance or removal? r Yes r No Sh. Does this project involve the construction/installation of a wind turbine(s)?* r 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.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS date explorer Consultation Documentation Upload #8 Lumber River Hurricane Matthew River Debris Cleanup Fish and Wildlife Exemption letter.pdf 337.18KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Essential Fish Habitat Mapper 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 status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* DCR GIS data layers. 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* r Yes l- No 8b. If yes, explain how project meets FEMA requirements: There will be no change to the site hydrology 8c. What source(s) did you use to make the floodplain determination? NC Flood maps Miscellaneous Comments Miscellaneous attachments not previously requested. 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: Michael Peveler Signature Date 8/13/2019 L Be gin ( -79 .442 613, 35.0 2297 6 ) En d ( -79 .3487 78, 34.90 0311 Lumb er rive r Snag gin g & Cle aring Slide Series Guide 1.5 0 1.50.75 Miles 1 2 3 Scope of Work 1. Access the river from areas with and Limit removal of debris to vegetative material, trash, construction and residential materials washed into the river due to Hurricanes. 2. Remove all debris from the River and haul to a landfill approved by the Contract Administrator. 3. Place all vegetative debris in a manner that does not destroy or degrade wetlands, impact lateral water flow, or change the bottom elevation of any portion of the waters. Vegetative debris placed in wetlands shall be spread in a manner consistent with natural conditions. All vegetative debris shall be placed parallel to the stream channel or wedged/placed behind existing trees so that it cannot re-enter the river channel. All large trees and limbs shall be placed in a manner such that they will not pose a navigational hazard. Debris cannot be dropped in the river, placed on the banks, piled or situated in any manner that will impede lateral water flow. 4. Be responsible for the removal of debris which shall be limited to a ten (10)-foot wide by three (3)- foot deep corridor in the middle of the river, to provide passage through debris that is completely or partially blocking the navigation of the river. No clearing shall occur within five (5) feet of either bank. Overhanging or leaning debris within the ten (10)-foot corridor shall be cleared to a height of ten (10) feet above the river. 5. Be responsible for the removal of trees leaning over the river at an angle less than or equal to forty-five (45) degrees and severely undercut by erosion. Stumps and tree root wads shall be left in place to provide bank stabilization and aquatic habitat. Uprooted stumps directly in the channel may be pulled from the ground (no excavation) but shall include no more that minimal amount at or raft mounted winches, blocks and tackles, etc. Heavy mechanized equipment shall not be used in or on the wetlands of the river unless prior approval is given by the appropriate agencies. Mechanized land clearing and excavation of soil or sediment shall not occur within wetlands at any time. 6. Remove debris in accordance with of the Section 10 Permit issued by the United State Army Corps of Engineers (USCOE), Wilmington District, Regulatory Division. The Vendor shall be responsible for all violations of Section 10 Permit, including but not limited to, the completion of corrective action(s) required by the USCOE and payment of all fines and penalties issued by the USCOE. The vendor’s failure to conduct the work in accordance with the USCOE’s Section 10 Permit and approved modification shall constitute grounds for termination of the contract. USCOE’s Section 10 permit is attached as ATTACHMENT H: DEPARTMENT OF THE ARMY PERMIT & MAPS 7. Be responsible for quality control, safety, management and supervision. All crew members shall wear OSHA required and approved safety equipment. All boats used must be equipped with US Coast Guard approved life vests, two (2) paddles and required safety equipment. Current certification in CPR/First Aid will be required of a minimum of one (1) person in each crew. A fully functioning two (2)-way radio or cell phone must be readily available to each crew at work. United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh ES Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 iim June 6, 2017 )or -n- vlll.-Al. orc�. Rachel Capito U.S, Army Corps of Engineers, Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 Re: Lumber River Hurricane Matthew Cleanup/ Robeson, Scotland and Hoke Counties Dear Mr. Capito: The U.S. Fish and Wildlife Service (Service) has reviewed the project advertised in the above referenced Public Notice. The project, as advertised in the Public Notice, is expected to have minimal adverse impacts to fish and wildlife resources. Therefore, we have no objection to the activity as described in the permit application. In accordance with the Endangered Species Act of 1973, as amended, (ESA) and based on the information provided, and other available information, it appears the action is not likely to adversely affect federally listed species or their critical habitat as defined by the ESA, We believe that the requirements of section 7 (a)(2) of the ESA have been satisfied for this project, Please remember that obligations under the ESA must be reconsidered if: (1) new information identifies impacts of this action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. For your convenience a list of all federally protected endangered and threatened species in North Carolina is now available on our website at <http://www.fws.gov/raleigh>. Our web page contains a complete and updated list of federally protected species, and a list of federal species of concern known to occur in each county in North Carolina. The Service appreciates the opportunity to review and provide comments on the proposed action. Should you have any questions regarding the project, please contact John Ellis at (919) 856-4520, extension 26. Sincerely, �ry P to Benjamin, Field Supervisor cc; NMFS, Beaufort, NC EPA, Atlanta, GA WRC, Raleigh