20240224 Ver 1_ePCN Application_20240202

i DWR
Division 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# *
20240224 1
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
la. Name of project:
Kings Bridge Floodplain Restoration
1a. Who is the Primary Contact?*
Scott Loftis - NC Wildlife Resources Commission
1b. Primary Contact Email: *
[e-mail]
Date Submitted
2/2/2024
Nearest Body of Water
French broad River and UT French Broad River
Basin
French Broad
Water Classification
C
Site Coordinates
Latitude:
35.37508
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Henderson
Is this a NCDMS Project
Yes No
Longitude:
-82.53329
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Matthew Hanbury:Matthew.Hanbury
1c. Primary Contact Phone:*
[phone]
$570.00
$767.00
0
`I
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: 27 - Restoration
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:
State of North Carolina (NC Wildlife Resources Commission)
2b. Deed book and page no.:
2c. Contact Person:
Scott Loftis - NC Wildlife Resources Commission
2d.Address
Street Address
301 N. Wilmington Street, 9450
Address Line 2
City
Raleigh
Postal / Zip Code
27601
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
David Brown, PG
4b. Business Name:
Jennings Environmental, PLLC
4c.Address
Street Address
7 Samuel Ashe Drive
Address Line 2
City
Asheville
Postal / Zip Code
28805
4d. Telephone Number:
[phone]
4f. Email Address:
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Mills River
2. Project Identification
2a. Property Identification Number:
9640-69-8997
2c. Project Address
Street Address
NW of the intersection of NC HWY 191 (Haywood Road) and Old State Road 191
Address Line 2
city
Mills River
Postal / Zip Code
28759
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
French broad River and UT French Broad River
3b. Water Resources Classification of nearest receiving water:
C
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.
Upper French Broad 06010105
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
86.63
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: *
The property has historically been in agricultural use. NCWRC recently purchased the property and is maintaining it as an open undeveloped tract. The land use in the vicinity of the
property is residential, commercial, agricultural, and undeveloped forested tracts. The UT of the French Broad River and PCC (wetlands) at the site have been heavily altered by past
agricultural practices and have historically been ditched. A man-made berm limits the French Broad River access to its historical floodplain.
a

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:
0.59 ac (ditched wetlands, non PCC) and 41.79 ac (PCC not ditched)
4g. List the total estimated linear feet of all existing streams on the property:
5,504 If
4h. Explain the purpose of the proposed project:*
The objectives of the restoration activities is to stabilize stream banks, establish native riparian buffers, construct flood benches, reconnect the streams with the floodplain, construct and
restore aquatic habitat, and to prevent additional soil loss to downstream surface waters. This will improve the natural ecology of streams, wetlands, and buffers at the project site.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The historical adjacent floodplain areas along the French Broad River and UT French Broad River will be improved and restored by constructing low benches, restoring floodplain
wetlands, and removing or breaching man-made berms. The project includes a fish habitat zone. This zone is a constructed backwater slough which will provide a connection between the
French Broad River to its historical floodplain and provide breeding habitat for muskie. The culverts in the ditched wetlands will removed. The ditches will be incrementally plugged, banks
graded, and bottom elevation raised to aid in restoring the wetland hydrology at the site.
A minimum 300-ft native herbaceous and woody buffer will be planted in the riparian areas to promote long-term stability, soil strength, and water quality benefits. Mature native trees along
the stream banks will be preserved, when feasible. Disturbed and restored areas of the stream buffer will be replanted using a combination of native riparian seed mix, live stakes, and/or
bare root seedlings. Work will be completed using tracked excavators and dump trucks by a qualified stream restoration contractor. Equipment will be well maintained, cleaned prior to
mobilization, and checked daily for leaks of petroleum products. Fueling operations shall be performed in an area away from all surface waters. See attached plan sheets for additional
details.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
No
Comments:
A field survey of the project area was conducted to locate streams and wetlands. The purpose of the
survey was to make an effective analysis of the presence of waters and wetlands within the project
area in order to determine impacts to these aquatic features. There is 42.378 ac of PCC at the site
(located at 35.37485,-82.53381 & 35.37387,-82.53081), which includes 0.59 ac of ditched wetlands
(located at 35.37511,-82.53202). UT French Broad River is a perennial stream with 2,337 If of
channel in the project area, located at 35.37458,-82.53019. The French Broad River has 3,176 If of
channel along the north property boundary of the site, 35.37677,-82.53393. Jennings Environmental
is not requesting the Corps to make a jurisdictional determination of the aquatic features in the project
area. The location of these aquatic features are shown on the attached stream and wetlands map..
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
O Unknown
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 Buffers
Open Waters Pond Construction
2. Wetland Impacts
0
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W. *
2d. W. name
11
2e. Forested *
2f. Type of Jurisdicition *
?)
2g• Impact
area *
Wetland Ditch
Restoration
P �FN-NCWAM
TYPES
Wetland Ditch
L
Both
0.590
(acres)

2g. Total Temporary Wetland Impact
0.000
2g. Total Permanent Wetland Impact
0.590
2g. Total Wetland Impact
0.590
2i. Comments:
There will be no net loss in wetlands, including the PCC areas. In plugging the ditched wetland, raising the elevation of the bottom of the ditch, and
laying back the banks of the ditch, we will restore the hydrology of the site. Overtime this should expand the size of the current wetlands and PCC areas.
Also, breeching the riverbank and construction of the back water slough will restore the connectivity of the river to its floodplain. This will also improve
the hydrology of the site's wetlands and PCC areas.
3. Stream Impacts
F
S1
3a. Reason for impact (?)
Floodplain restoration
3b.lmpact type*
Permanent
3c. Type of impact*
Bank Stabilization
3d. S. name*
French Broad River
3e. Stream Type*
Perennial
3f. Type of
Jurisdiction *
Both
3g. S. width
2
Average (feet)
3h. Impact
length
445
(linear feet)
S2
Flood lain restoration
P
Permanent
Bank Stabilization
UT French Broad River
Perennial
Both
1
Aveage (feet)
955
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
31. Total permanent stream impacts:
1,400
31. Total stream and ditch impacts:
1400
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
31. Total temporary stream impacts:
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
As this project is an aquatic restoration project, it is impossible to completely avoid impacts to waters. However, considerations were made to minimize
disturbance to the extent necessary to provide appropriate functional uplift to aquatic resources.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Appropriately sized equipment will be utilized to minimize soil compaction and access grading. Scheduling and staging of equipment and materials will
be timed to minimize time spent working in the active stream channel. Ground/soil disturbance will be minimized to the extent possible.
No work will be conducted in streams at the site. All stream bank grading and breaching activities will be conducted from the banks avoiding and
minimizing interaction with stream flows. Graded stream banks will be stabilized by using a native seed mix, straw mulch, and biodegradable erosion
control matting. Areas will be stabilized within 3 working days of bank grading completion. Following construction activities, the site will be planted with
native riparian vegetation to establish a natural stream buffer. Erosion control matting that incorporates plastic mesh and/or plastic twine will not be used
within stream channel(s) or along stream banks.
Any discharge associated with the proposed impacts would consist of suitable clean fill material (no trash, asphalt, etc.). The fill material would also be
free of pollutants in toxic amounts. Proper sediment and erosion control devices would be installed prior to and during construction. Downstream turbidity
levels will likely increase during construction but would subside upon completion of in -stream work. An erosion and sediment control plan will be
submitted to NC DEMLR approval prior to construction. Erosion and sediment control details are included on the project plans.
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:
The project objective is to restore riparian floodplains. The project will result in permanent impacts to waters, but these impacts will not result in a permanent loss of waters that require
compensatory mitigation.
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
Q
u
If no, explain why:
The project is located in the French Broad Basin.

2. Stormwater Management Plan
2a. Is this a NC DOT 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:
Stream restoration project. No impervious area(s) are proposed as part of this project.
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
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)?*
Yes No
Comments: *
Project is below thresholds for requiring an environmental document.
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
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.
Project will not result in change in adjacent land uses.
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?
Jennings Environmental reviewed the latest versions of NC Natural Heritage Program data on element occurrences for listed species and USFWS online
interactive mapping and species occurrence datasets (IPaC, county species lists, etc.) to determine the likelihood for the presence of federally listed
species and/or their critical in the project area. No listed federally endangered/threatened species were located in project site and no suitable habitat
exists based upon information submitted to date, except in the French Broad for Appalachian elktoe (Alasmidonta raveneliana).
The project is not located near any known occurrences of hibernacula or maternity roost sites for listed bat species. Onsite evaluations conducted in
spring and summer, 2023 indicated there are no caves, no cave like features, no sizeable rock cervices, and no out -buildings within the project area
which may provide roosting habitat. Also, the project area was checked for trees with cavities and/or shaggy bark that could be potential bat roost. These
trees were noted and will be avoided unless they are a hazardous to construction. No evidence of bat use (guano, staining, physical observation, etc.)
was noted at the project area. NCWRC conducted acoustic surveys for bats in the spring and summer of 2022 and 2023. Known calls for gray and
tricolored were identified.
The restoration activities will remove 0.17 acres of trees greater than 3-inch dbh within the riparian corridor. The project schedule calls for tree removal
to be conducted when bats are unlikely to occur on the landscape (November 16 - March 14). Stream buffer area will be replanted with native
herbaceous, shrub, and tree species.
Onsite habitats are highly disturbed from legacy of agricultural land use. Thus, the project site does not provide suitable habitat for bog turtle (Glyptemys
muhlenbergii), mountain sweet pitcher plant (Sarracenia rubra ssp. jonesii), small -whorled pogonia (Isotria medeoloides), or swamp pink (Helonias
bullata). Bunched arrowhead (Sagittaria fasciculata) can occur in agricultural ditches. The ditches at the site are 4-6 feet deep, which is not suitable
habitat for the bunched arrowhead. The ditches were checked for this species in spring -summer of 2023 and none were observed.
Onsite stream habitats are not suitable for Appalachian elktoe (Alasmidonta raveneliana). However, the adjacent French Broad River is suitable habitat.
No work will be conducted in the River and stringent sediment, erosion, and stormwater control measures will be used to avoid impacts to this species.
There will be a minor short term disturbance to the wildlife habitats within the project area. However, the project will not destroy or negatively modify the
roosting and foraging habitat of the listed bats species. Long term this habitat should be improved by the stream restoration actions. Thus, the proposed
project should benefit or aid in the recovery of listed species. This project is expected to result in indirect positive benefits to listed bat species. The direct
effects of this action to bat species are believed to be discountable and the long term and cumulative effects of this action will be beneficial.
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?
NOAA EFH 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? *
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources? *
NCDCR has been contacted for compliance with NC cultural resources laws. A project description and map were sent to DCR for review and comment.
Measures recommended by DCR to avoid impacts to known cultural resources at the site will be followed. A copy of NCDCR's comments are attached.
A copy of the site archeological survey has previously been submitted the Corps and DWR.
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:
A no -rise certification has been submitted to Henderson County for review and approval.
8c. What source(s) did you use to make the floodplain determination?
NCFRIS
Miscellaneous
u
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
Site Information Photos and Figures.pdf 24AMB
3201 Kings Bridge Permit Drawing 2024-02-01.pdf 11.99MB
File must be PDF or KMZ
Comments
Supporting Attachments:
Agent Authorization Form
Permit Design Drawings/Plans
Site Photographs and Figures
Soil Map
Stream and Wetlands Map
Parcel Maps
USFWS IPaC
NCDCR Comments

Signature
0
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:
David Brown
Signature
D.avib �.ow�l
Date
2/2/2024