20231304 Ver 1_ePCN Application_20230919

DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?
Yes
No
Is this project a public transportation project?*
Yes No
Change only If needed.
Pre -Filing Meeting Date Request was submitted on:
8/16/2023
BIMS # Assigned
20231304
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Asheville Regional Office - [phone]
Information for Initial Review
1a. Name of project:
Lot 98
1a. Who is the Primary Contact?*
Michael A. Gunter
1b. Primary Contact Email: *
[e-mail]
Date Submitted
9/19/2023
Nearest Body of Water
Grassy Creek
Basin
French Broad
Water Classification
class c trout
Site Coordinates
Latitude: Longitude:
035.889799N-082.069347W
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Mitchell
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Moore:andrew.w.moore
1c. Primary Contact Phone: *
[phone]
a

1a.Type(s)of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. 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:
1f. Is this an after -the -fact permit application? *
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying forthe permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Michael A. Gunter, Catherine Clark Richardson
2b. Deed book and page no.:
book 654 page 553-557
2c. Contact Person:
2d.Address
Street Address
79 creekside lane
Address Line 2
city
spruce pine
Postal / Zip Code
28777
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
no
Country
usa
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Tall Pine Ridge Property Owners Association
1c. Nearest municipality / town:
Spruce Pine, NC
2. Project Identification
2a. Property Identification Number:
0799-03-02-5476
2c. Project Address
Street Address
Lot 98, Rockledge Road
Address Line 2
City
Spruce Pine
Postal / Zip Code
28777
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Grassy Creek
3b. Water Resources Classification of nearest receiving water:
class c trout
3c. What river basin(s) is your project located in?*
French Broad
3d. Please provide the 12-digit HUC in which the project is located.
060101080104
4. Project Description and History
2f. Fax Number:
2b. Property size:
.58
State / Province / Region
NC
Country
usa
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:
Residential — land is in a housing development where houses have been built on most lots.
The lot had 20 ft of culvert on Silver Run that was probably installed at the time the lot was established. Silver Run is a small stream at this point, normally flowing about 5-10 inches wide
and about 1.5 inches deep.
From the lot the stream goes in a culvert under Rockledge Road and continues several hundred feet under neighboring home lots and under the Grassy Creek Golf Course greens. Silver
Line eventually flows into Grassy Creek
50 feet more of culvert has been installed on Silver Run and 55 feet on the unnamed tributary to allow a home to be built for owner. 41 feet of open stream remains, flowing through woods
on the lot, coming from home lots above.
The lot is fully sown and covered with grass and clover to eliminate erosion and minimize silt. The culvert ends have gravel berms to slow and filter any rain run-off. The driveway entry and
parking is graveled to reduce mud being tracked into the road.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
N/A
4g. List the total estimated linear feet of all existing streams on the property:
166
4h. Explain the purpose of the proposed project:
The lot is small, so the installation of culverts allows space for a house to be built for the owner with some room for driveway and yard. This retains a small area of wooded land at the rear
of the lot, behind the house.
O

4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project will consist of finishing the ends of the culverts with stone for appearance and to eliminate future erosion or siltation. A concrete basin with grate will be installed at the
convergence of culverts at the road for safety and convenience. The work will require minimal disturbance, only smoothing and covering the tops of the culvert ends with riprap and gravel.
A small backhoe will be used along with hand tools.
General construction will then proceed — digging footers to construct frame house on lot. The lot is already smoothed and covered with grass and the parking area is graveled. So, a very
minimal amount of disturbance will be needed. All necessary precautions will be taken to avoid sedimentation, such as silt fences and gravel water breaks as construction continues.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
6. Future Project Plans
6a. Is this a phased project?*
Yes 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
ta. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
V
F1
S1
3a. Reason for impact (?)
home construction
3b.lmpact type*
Permanent
3c. Type of impact*
Culvert
3d. S. name*
Silver Run
3e. Stream Type*
Perennial
3f. Type of
Jurisdiction *
Both
3g. S. width
Averege(feeq
3h. Impact
length
50
(iinearfeet)
S2
home construction
Permanent
Culvert
unnamed tributary
Perennial
Both
Average (feet)
55
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 31. Total temporary stream impacts:
105 0
3i. Total stream and ditch impacts:
105
3j. Comments:
20 feet of existing culvert is not included in measurements. It was possibly installed at lot's creation, along with the culverts that continue through the
housing development and golf course.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
0
`1

1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Minimize the amount of disturbance and leave as much as possible in natural condition. Reduce long term impact with landscaping and erosion control
measures. The lot is now fully covered with grass and clover, and original forest. The culvert ends are bermed with gravel, but finishing them with rock
will be a permanent solution to future erosion and sedimentation
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Minimize excavation and site disturbance. Use stone and gravel to reduce short term erosion. Use matting and straw while immediately sowing grass
and ground cover. Minimal equipment is required, since the lot is mostly in a finished state.
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 No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
no major impact
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?
Yes No
If no, explain why:
not in or near a riparian buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
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? *
Yes 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)? *
Yes No
2b Provide an explanation of the violation(s):
I was unaware of the violations before receiving a letter from G. Landon Davidson, P.G. Regional Supervisor, dated June 20, 2023. The letter states that
the site is in violation of Titlel5A NCAC 02H .0500, and 15ANCAC 02B .0211 (1) and (2) Title 15A NCAC 02B .0211
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality? *
Yes No
3b. If you answered "no," provide a short narrative description.
small single home lot only
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No 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?*
Yes No

5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
5d. Is another Federal agency involved?*
Yes No
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
Unknown
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.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Visual - affected stream is very small, with minimal aquatic life. Project is also very minimal relative to existing construction, and is far away from Grassy
Creek, the trout stream and wooded areas.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
Visual - affected stream is very small, with minimal aquatic life. There is no submerged vegetation visible in this small shallow stream. Project is also
very minimal relative to existing construction, and is far away from Grassy Creek, the trout stream.
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?
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Local knowledge and history
8. Flood Zone Designation (Corps Requirement)
Be. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8c. What source(s) did you use to make the floodplain determination?
FEMA National Flood Hazard Layer (NFHL) Viewer
Miscellaneous
0
V
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• 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 A. Gunter
O

Signature
Date
9/19/2023