20240016 Ver 1_ePCN Application_20231219

DW R
DHlsloo of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 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.
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned
Version# *
20240016
1
Is a payment required for this project?*
No payment required
What amount is owed?*
Fee received
$240.00 $570.00
Fee needed - send electronic notification
$323.00 $767.00
Reviewing Office*
Select Project Reviewer*
Asheville Regional Office - [phone]
Joey Winston:Joey.Winston
Information for Initial Review
la. Name of project:
Creek Bank Stabilization
la. Who is the Primary Contact?*
Ray Burleson
1b. Primary Contact Email:* 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
12/19/2023
Nearest Body of Water
Eagle Fork Creek
Basin
Hiwassee
Water Classification
C:Tr
Site Coordinates
Latitude: Longitude:
35.018970-83.638740
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Clay
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No

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: 13 - Bank Stabilization
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 for the 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:
Ray Burleson, Shelly Burleson
2b. Deed book and page no.:
BK: CRP 438 PG: 111- 111
2c. Contact Person:
2d.Address
Street Address
953 Dick Jones Road
Address Line 2
city
Hayesville
Postal / Zip Code
28904
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
United States
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)
1c. Nearest municipality / town:
Hayesville
2. Project Identification
2a. Property Identification Number:
641900135898
2c. Project Address
Street Address
953 Dick Jones Road
Address Line 2
city
Hayesville
Postal / Zip Code
28904
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Eagle Fork Creek
3b. Water Resources Classification of nearest receiving water:
C:Tr
3c. What river basins) is your project located in?*
Hiwassee
3d. Please provide the 12-digit HUC in which the project is located.
060200020105
4. Project Description and History
2f. Fax Number:
2b. Property size:
6.0500AC
State / Province / Region
NC
Country
United States
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: *
Significant creek bank erosion exposing large portion of the root system of trees that are located along the bank. Loss of some large trees have occurred recently due to ongoing erosion
issues.
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:
None
4g. List the total estimated linear feet of all existing streams on the property:
475'
4h. Explain the purpose of the proposed project:*
Stabilize creek bank to secure trees and prevent further erosion. Also, any additional loss of trees behind house would jeopardize the structure.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
No known indirect impacts.
Applied silt retention fabric cover with rock armor.
Excavator is used to accomplish this work.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No Unknown
Comments:
O

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
la. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
01
F
3a. Reason for impact (?)
3b.lmpact type "
3c. Type of impact*
��name *
3e. Stream Type *
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
fl
Bank Stabilization
Permanent
Rip Rap Fill
Eagle Fork Creek
Perennial
Both
30
Average (feet)
225
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
225 0
3i. Total stream and ditch impacts:
225
3j. Comments:
E. Impact Justification and Mitiaation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Contractor carefully installed silt retention fabric under rock armor along Cree k bank and under exposed tree roots. No damage occurred to adjoining
property.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Licensed professional contractor carefully used excavator to lower rock into place to minimize soil/silt disturbance. Placed fabric under approximately 3'
of rock. Upon completion, hydro seeded.
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 change of creek flow or width of creek.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
O
O
1. Diffuse Flow Plan

la. 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:
I was told by Shannon Healy, US Army Corps of Engineers that this is not applicable to our project.
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:
US Army Corps of Engineers and EPA representatives came to site on 10/26/2023 and stated that the impact of the project was negligible.
G. Supplementary Information
1. Environmental Documentation
la. 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):
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.
Armoring the creek bank will lesson the release of soil/silt and prevent further loss of trees along the bank.
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 Unknown
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
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?
US Army Corps of Engineers stated that our project would not impact endangered species in our area.

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?'
Per Shannon Healy, US Army Corps of Engineers.
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?"
Not indicated on property survey and deed.
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:
No change of size of creek or water flow.
8c. What source(s) did you use to make the floodplain determination?"
FEMA
Miscellaneous
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:
Ray Burleson
Signature
✓yr+f K�<GtICi:AC
Date
12/19/2023