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HomeMy WebLinkAbout20191191 Ver 1_PCN Form Submission_20190905DR 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#* 20191191 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* Asheville Regional Office - (828) 296-4500 Amy Annino:eads\amannino Information for Initial Review 1a. Name of project: Western North Carolina Stream Initiative - Beasley Site 1a. Who is the Primary Contact?* Ian Eckardt (Wildlands Engineering, Inc) 1 b. Primary Contact Email:* ieckardt@Wldlandseng.com Date Submitted 9/5/2019 Nearest Body of Water Elk River Basin Watauga Water Classification C, Tr Site Coordinates Latitude: 36.152048 A. Processing Information County (or Counties) where the project is located: Avery Is this project a public transportation project?* r Yes r No Longitude: -81.865629 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) 1 b. What type(s) of permit(s) do you wish to seek authorization? P Nationwide Permit (NWP) F- Regional General Permit (RGP) r- Standard (IP) 1c. Primary Contact Phone:* (704)332-7754 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: rJ 401 Water Quality Certification - Regular F Non -404 Jurisdictional General Permit F Individual Permit 27 - Restoration 1e. Is this notification solely for 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 - E)press r 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? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r- 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? r Yes r- No B. Applicant Information 1d. Who is applying for the permit? F- Owner FT 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: 1.) Martha Beasley, 2.) Martha Beasley, 3.) Martha Beasley & Elsie Beasley 2b. Deed book and page no.: 1.) DB 421 PN 986, 2.) DB 460 PN 995, 3.) DB 520 PN 1929 2c. Responsible party: Resource Institute, LLC. (POC: Charles Anderson) 2d. Address Street Address 2714 Henning Drive Address Line 2 CKY Winston-Salem Postal / Zip Cade 27106 2e. Telephone Number: (336)750-0177 29. Email Address:* Ganderson@resourceinstituteinc.org 3. Applicant Information (if different from owner) 3a. Name: Charles Anderson State / Rwince / Pagion NC Country us 2f. Fax Number: r Yes r No ryes r No 3b. Business Name: Resource Institute, LLC. 3c. Address Street Address 2714 Henning Drive Address Line 2 Cty Winston-Salem Postal / Zip Code 27106 3d. Telephone Number: (336)750-0177 3f. Email Address:* canderson@resourceinstituteinc.org C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (ff appropriate) 1c. Nearest municipality/ town: Banner Elk 2. Project Identification 2a. Property Identification Number: 1.) 185810462214 2.) 185810460519 3.) 184800850106 2c. Project Address Street Address 1010 ShawneehawAve. Address Line 2 aty Banner Elk Fbstal / Zip Code 28604 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Elk River 3b. Water Resources Classification of nearest receiving water:* C, Tr 3c. What river basin(s) is your project located in?* Watauga 3d. Please provide the 12 -digit HUC in which the project is located. 060101030201 4. Project Description and History Slate / Province / Region NC Country u5 3e. Fax Number: 2b. Property size: 4.7 (Project Area) State / Province / Ragon NC Country US 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 area is primarily open agriculture land used for hay production. In addition to agriculture, general land uses in the vicinity of the project area include forest, single family residential, and light commercial with the latter two primarily along road frontage. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? f Yes F 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) Figure_2_USGS.pdf 418.56KB 4e. Attach an 8 1/2X11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Figure_ 5_Soils.pdf 543.53KB 4f. List the total estimated acreage of all existing wetlands on the property: 0.06 4g. List the total estimated linear feet of all existing streams on the property: 2,092 4h. Explain the purpose of the proposed project:* The purpose of the project is to conduct channel and bank stabilization using natural channel design techniques to reduce stream instability and erosion. The work is being performed and funded through the Western North Carolina Stream Initiative (WNCSI) program which is a partnership between Resource Institute and the Natural Resource Conservation Service (NRCS). The program seeks to complete stream restoration, enhancement, and stabilization projects on agricultural lands that have been identified by NRCS staff in western North Carolina. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project proposes a combination of channel enhancement and stabilization to approximately 1,810 linear feet of the Elk River and one unnamed tributary. Proposed channel enhancement includes the construction of in -stream structures and slight adjustments to stream pattern and profile. In -stream structures including brush toes with geolifts, constructed riffles, log sills, rocks sills, j -hooks, and cross vanes will be installed to stabilize bed and bank. Minor adjustments to channel pattern are proposed where the channel has laterally migrated towards the left valley wall resulting in tight, eroding meander bends. The pattern adjustments will shift the alignment away from the valley wall and create gentler meander bends. Additional channel stabilization in the form of bank grading will involve excavating a bankfull bench and laying back eroding banks to create a stable bank angle that can be matted and re -vegetated for long-term stability. One permanent ford crossing is also proposed. 4j. Please upload project drawings for the proposed project. WNSI Beasley 60% Plans.pdf 18.82MB 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: Streams and wetland have been delineated by Wildlands Engineering personnel on 7/17/19 but have not been verified by the USACE. 5b. If the Corps made a jurisdictional determination, what type of determination was made? r Preliminary r Approved r Not Verified r Unknown r NIA Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Ian Eckardt Agency/Consultant Company: Wildlands Engineering, Inc. 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): W Wetlands R Streams -tributaries r Buffers F Open Waters r Pond Construction 2. Wetland Impacts !a. Site #* (?) 2a1 Reason(?) 2b. Impact type * (?) 2c. Type of W. * 2d. W. name * 2e. Forested* 2f. Type of 29. Impact Jurisdicition*(?) area* N� Construction Access T Bottomland Hardwood Forest Wetland A Both 0.006 (acres) 29. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.006 0.000 29. Total Wetland Impact 0.006 2h. Comments: 3. Stream Impacts 31. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 1,810 31. Total stream and ditch impacts: 1810 3j. Comments: 31. Total temporary stream impacts: Impacts listed as excavation will involve the excavation of a bankfull bench in additional to installing in -stream structures to provide stabilization and overall enhancement. Impacts listed as relocation are in epsting eroding meander bends. The epsting bends will be filled and short sections of the channel will be relocated/realigned further in the right floodplain. 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: Stream stabilization and enhancement will impact project channels during construction; however, these activities are designed to have an overall long- term positive effect using natural channel design techniques throughout to stabilize and enhance stream function and establish flood storage. During design, permanent and temporary impacts were avoided or minimized as much as possible to stream banks that are relatively stable or exhibit less instability. Wetland impacts were minimized and only involve area necessary for stabilizing the upstream end of UT1. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: In -stream construction will be performed from the top of bank as much as possible to limit channel disturbance. Newly constructed channel banks will be stabilized using biodegradable coir fiber matting, seeded, and planted with native riparian species. Temporary stream crossings will be perpendicular to the channel to minimize bank disturbance. Construction practices will follow guidelines from the NC Erosion and Sediment Control Planning and Design Manual. 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: Compensatory mitigation is not required for activities authorized under a MNP 27 since these activities must result in net increases in aquatic resource functions and services. F. Stormwater Management and Diffuse Flow Plan (required 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 project is located within the Watauga River basin which is not part of the NC Riparian Buffer Protection Rules. 2. Stoma water Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? O Yes a No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? e Yes 0 No 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact ❑ (?) Jurisdiction* length* S1 Enhanoement/bankfull bench Permanent Excavation Elk River Perennial Both 40 780 excavation Average (fee[) (ir�rfed) S2 Enhancement Permanent Relocation Elk River Perennial Both 40 240 Average (feet) (lir�arfed) S3 Enhancement/ban Excavation Elk River Perennial Both 40 460 excavation Aver�e(fed) (linearfed) � Enhancement Permanent Relocation Elk River Perennial Both 40 168 Average (feet) (irxaar feet) S5 Enhancement/ban kfull bench Permanent Excavation Elk River Perennial Both 40 56 excavation Average (feet) (liriearfed) S6 Enhancement Permanent Relocation UT1 Perennial Both 5 106 Average (feet) (linear fed) 31. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 1,810 31. Total stream and ditch impacts: 1810 3j. Comments: 31. Total temporary stream impacts: Impacts listed as excavation will involve the excavation of a bankfull bench in additional to installing in -stream structures to provide stabilization and overall enhancement. Impacts listed as relocation are in epsting eroding meander bends. The epsting bends will be filled and short sections of the channel will be relocated/realigned further in the right floodplain. 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: Stream stabilization and enhancement will impact project channels during construction; however, these activities are designed to have an overall long- term positive effect using natural channel design techniques throughout to stabilize and enhance stream function and establish flood storage. During design, permanent and temporary impacts were avoided or minimized as much as possible to stream banks that are relatively stable or exhibit less instability. Wetland impacts were minimized and only involve area necessary for stabilizing the upstream end of UT1. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: In -stream construction will be performed from the top of bank as much as possible to limit channel disturbance. Newly constructed channel banks will be stabilized using biodegradable coir fiber matting, seeded, and planted with native riparian species. Temporary stream crossings will be perpendicular to the channel to minimize bank disturbance. Construction practices will follow guidelines from the NC Erosion and Sediment Control Planning and Design Manual. 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: Compensatory mitigation is not required for activities authorized under a MNP 27 since these activities must result in net increases in aquatic resource functions and services. F. Stormwater Management and Diffuse Flow Plan (required 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 project is located within the Watauga River basin which is not part of the NC Riparian Buffer Protection Rules. 2. Stoma water Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? O Yes a No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? e Yes 0 No Comments: This is a stream enhancement project that will not add impervious surface. 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 work is a NRCS funded project that does not require NEPA or SEPA documentation. 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 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* d Yes 0 No 3b. If you answered "no," provide a short narrative description. No development is included with this stream stabilization and enhancement work. The project seeks to only stabilize and enhance natural stream features on an eAsting agricultural property. The project seeks to improve downstream water quality by stabilizing eroding banks and remove potential sediment sources. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* 0Yes CNo0NA 5. Endangered Species and Designated Critical Habitat (Corps Requirement) Sa. Will this project occur in or near an area with federally protected species or habitat?* O Yes C No Sb. Have you checked with the USFWS concerning Endangered Species Act impacts?* C Yes O No 5d. Is another Federal agency involved?* C Yes O No r Unknown 5e. Is this a DOT project located within Division's 1-8? C Yes O No Sf. Will you cut any trees in order to conduct the work in waters of the U.S.? CYes CNo 5g. Does this project involve bridge maintenance or removal? C Yes r No Sh. Does this project involve the construction/installation of a wind turbine(s)?* C Yes G 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.? CYes rNo 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The USFWS Information for Planning Conservation (IPaC) online tool to identify federally listed endangered and threatened plant and animal species that might be impacted by the project. The IPaC review listed the following species as potentially affected: Carolina Northern Flying Squirrel (Glaucomys sabrinus coloratus), Gray Bat (Myotis grisescens), Northern Long-eared Bat (Myotis septentrionalis), Virginia Big -eared Bat (Plecotus townsendii virginianus), Spruce -fir Moss Spider (Microhexura montivaga), Blue Ridge Goldenrod (Solidago spithamaea), Heller's Blazingstar (Liatris helleri), Roan Mountain Bluet (Hedyotis purpurea var. montane), Spreading Avens (Geum radiatum), and Rock Gnome Lichen (Gymnoderma lineare). No critical habitats were identified by the IPaC review. Consultation Documentation Upload 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?* National Oceanic and Atmospheric Administration (NOAA) Essential Fish Habitat Mapper Website. A trout buffer variance is also being applied for from the NC Division of Energy, Mineral, and Land Resources. 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?* The NC State Historic Preservation Office (SHPO) GIS Service (HPOWEB) was reviewed for historic resources. No historic resources were present online within the project area. The review indicated three historic resources, AV0160 (Robert C. & Elsie H. Lowe House), AV0117 (Lewis B. Banner House), and AV0119 (Banner-Lowrence House) in the vicinity of the project but outside the project area. The Lowe House is listed on the National Registry of Historic Places. The Banner House and Banner-Lowrence House are listed as "Surveyed Only" with no other designation. All structures are outside the project area and will not be disturbed. A map of the historic resources in relation to the project area is provided in 7c. 7c. Historic or Prehistoric Information Upload SHPO Figure.pdf 545.12KB 8. Flood Zone Designation (Corps Requirement) 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: A No -Rise floodplain development permit will be obtained before work begins. 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Insurance Rate Map (FIRM) Panel 1858, Map Number 3710185800J, with a map revision date of December 2, 2008. Miscellaneous Comments Miscellaneous attachments not previously requested. Beasley - PCN Appendices.pdf 4.57MB 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: Aaron Earley Signature 611�/-W,91 Date 9/3/2019 AGENT AUTHORIZATION FORM FOR WNCSI STREAM PROJECTS PROPERTY LEGAL DESCRIPTION: LOT NO. Deed book 460 Page 995 PLAN NO. _ PARCEL ID: 185810462214 LOT NO. Deed book 383 Page 1920 PLAN NO. _ PARCEL ID: 184800850106 LOT NO. Deed book 520 Page 1929 PLAN NO. _ PARCEL ID: 185810460519 STREET ADDRESS: 1010 Shawneehaw Ave, Banner Elk, NC 28640; 233 Grandfather Home Dr, Banner Elk, NC 28640; 1064 Shawneehaw Ave, Banner Elk, NC 28640; Please print: Property Owner: Martha Jo Beasley Property Owner: Properties For Children (Grandfather Home) Property Owner: Marth Beasley, Elsie Beasley The property owners above have entered into a Memorandum of Understanding with Resource Institute, Inc. that authorizes the activities proposed on the subject property (see attached for reference). As an authorized representative of Resource Institute, I do hereby authorize Aaron Earley , of Wildlands Engineering (Contractor / Agent) (Name of consulting firm) to act on behalf of Resource Institute and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Resource Institute's Address: 2631 Reynolda Rd, Winston-Salem, NC 27106 Telephone: (336)-750-0522 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signature Authorized Signature a6 A � f q Date: Date: 1/') Figure 2: USGS To pographic M apWNCSI Beasley SiteWatauga River Basin (06010103) Avery County, NC 0 1,250 2,500 Feet ¹ 6 Assessment Area Valle Crucis, NC 7.5' USGS Q uadrangle Figure 5: Soils M apWNCSI Beasley SiteWatauga River Basin (06010103) Avery County, NC DP2DP1 Elk River (1,847 LF) UT1 (106 LF) UT2 (5 1 LF) Wetla nd A (0.060 AC) CuA W CuA WkC NkA CuA SpD CuA CrE SHAWNEEHAW AVEDOBBINS RDTY N E C A STLE H W Y 0 200 400 Feet ¹ 6 Project Parcels Assessment Area Project Area Existing Wetlands Project Streams - Perennial Wetland/Upland Data Point (DP#) CrE - Crossnore-Jeffrey complex, 30-50% slopes CuA - Cullowhee loam, 0-3% slopes NkA - Nikwasi loam, 0-3% slopes SpD - Spivey cobbly loam, 15-30% slopes W - Water WkC - Whiteoak fine sandy loam, 2-8% slopes 2018 Aerial Photography NC SHPO Resource M apWNCSI Beasley SiteWatauga River Basin (06010103) Avery County, NC !Z !Z !Z AV0117Lewis B. Banner House Status: Surveyed Only AV0160Robert C & Elsie H. Lowe HouseStatus: National Register AV0119Banner-Lowrence HouseStatus: Surveyed OnlySHAWNEEH AW AVEDOBBINS RDTY N E C A STLE H W Y 0 200 400 Feet ¹ 6 Project Parcels Assessment Area Project Area !Z NC SHPO Resource Point2018 Aerial Photography