20120796 Ver 1_401 Application_20120812

Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, NC, 27699 -1650
Attention: Division of Water Quality
401 /Wetlands Unit
20120796
T i4 ZED
Please note that this package includes two copies of the permit
application, plans and supporting documentation instead of the
required five.
At their request, one copy each was sent directly to:
Monte Matthews
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive
Suite 105
Wake Forest, North Carolina 27587
Sue Homewood
North Carolina Division of Water Quality
585 Waughtown Street
Winston - Salem, NC 27107
Dave McHenry
North Carolina Wildlife Resources Commission
Old Fish Hatchery
20830 Great Smokey Mountain Expressway
Waynesville, NC 27286
Sincerely,
(:::?h 0z' ay��
Rocky Powell
Clear Creeks Consulting (Agent)
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AUG 222012
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20120796
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre - Construction Notification C Form
A. Applicant Information
=_ ; ; ,
1. Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: NW - 27 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2. Project Information
2a. Name of project:
Big Creek II Stream Restoration
2b. County:
Surry
2c. Nearest municipality / town:
Mount Airy
2d. Subdivision name:
NA
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed: Multiple Landowners - See Attached
i) L9 In)
3b. Deed Book and Page No.
JUU
3c. Responsible Party (for LLC if
applicable):
AUG 2 2 2012
3d. Street address:
"NR-
- WArEH
3e. City, state, zip:
ateF &anch
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version

4. Applicant Information (if different from owner)
4a. Applicant is:
® Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
Rocky Powell
5b. Business name
(if applicable):
Clear Creeks Consulting LLC
5c. Street address:
1317 Knopp Road
5d. City, state, zip:
Jarrettsville, MD 21084
5e. Telephone no.:
(410) 692 -2164
5f. Fax no.:
5g. Email address:
[e-mail]
Page 2 of 11
PCN Form — Version 1.3 December 10, 2008 Version

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
5070 -00 -34 -4392, 5070 -00 -33 -4427, 5070 -00 -55 -2143,
5070 -00 -64 -2256
Latitude: 36 °26.232 N Longitude: -
1 b. Site coordinates (in decimal degrees):
80 054.696 W
(DD.DDDDDD) (- DD.DDDDDD)
1 c. Property size:
241 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Dan River
proposed project:
2b. Water Quality Classification of nearest receiving water:
C, Tr
2c. River basin:
Roanoke River
3. Project Description
3a. 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 dominant land use in the watershed is forest and agriculture. The project site is agriculture - pasture for livestock
grazing, cropland, and large wood lots.
3b. List the total estimated acreage of all existing wetlands on the property:
0.0 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
9,500
3d. Explain the purpose of the proposed project:
Correct the stream channel instability problems, improve water quality, enhance in- stream habitat, and restore natural
floodplain functions by implementing an effective, long -term restoration plan for the streams within the properties.
3e. Describe the overall project in detail, including the type of equipment to be used:
IThe general restoration approach includes reconstructing reaches of Big Creek by stabilizing eroding streambanks,
relocating the channel away from steep failing hillslopes, reconnecting the channel with the floodplain, providing a more
regular plan form along reaches where meander bends are extremely tight, and modifying channel cross - sections to
improve habitat and sediment transport capacity. The majority of the fill placed will involve backfilling of old channels
after new channels have been constructed. Some sections of the existing channels that remain will be narrowed by
constructing toe benches along the channel margins to improve habitat and sediment transport. Toe wood will be installed
along the outside of meander bends to stabilize newly constructed banks and provide submerged habitat. In addition, log -
boulder j -hooks and constructed riffles will be constructed at key points along the channel to provide grade control, divert
flow away from the stream banks, and create in- stream habitat. An existing ford crossing along the mainstem will be
reconstructed and stabilized. The lower reaches of three tributaries will be reconstructed with log- boulder step -pools to
eliminate vertical stability problems in these areas. Wetlands will be created along the floodplain of Tributary 1.
Mechanical clearing will be limited to those stream banks where grading is essential to establish stable channel geometry.
All disturbed areas impacted within the limits of the project will be seeded with native grasses and planted with native
trees and shrubs. All disturbed areas impacted outside the limits of the project will be seeded with grasses and clover.
The majority of the fill placed will involve backfilling of old channels after new channels have been constructed. Some
sections of the existing channels that remain will be narrowed by constructing toe benches along the channel margins to
improve habitat and sediment transport.
Equipment includes: tracked excavators with hydraulic thumbs will be utilized for excavating and grading, and installing
in- stream structures; tracked trucks will be utilized for hauling =-rock and logs on -site; tracked loaders will be utilized for
hauling materials on -site and fine grading; dump trucks will deliver materials to the site.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version

4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
El Yes ® No El Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
El Preliminary El Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency /Consultant Company:
Name (if known):
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
A pre - application meeting was held on -site January 18, 2012 to present the project to the permitting agencies. The
following persons were in attendance: Mr. Monte Matthews, USACOE; Ms. Sue Homewood; NCDWQ; Mr. Dave
McHenry, NCWRC; Mr. Mark Fowlkes, NCWRC, Mr. Dick Everhart, South Fork Environmental; and Mr. Rocky Powell,
Clear Creeks Consulting.
5. Project History
5a. Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
® Yes ❑ No
6b. If yes, explain.
This is Phase 2 of multi -phase projects proposed for Big Creek. The Phase 1 project completed in 2008 restored over
4000 linear feet of Big Creek upstream of the current project. This Phase 2 project starts where the Phase 1 project
ended. Additional restoration work may be conducted on downstream reaches. The additional work is dependent on the
availability of funding.
Page 4 of 11
PCN Form — Version 1.3 December 10, 2008 Version

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ® Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary T
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P FIT
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0.0 acres
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
PER or
(Corps - 404, 10
stream
Ilnear
Permanent P or
i term ttent
DWQ — non -404,
width
(
Tem ora
Temporary (T )
(INT)?
other)
(feet)
feet)
S1 ❑ P ®T
stream bank
Big Creek
® PER
® Corps
27
2591
grading
❑ INT
® DWQ
S2 ®P ❑ T
channel relocation
Big Creek
® PER
❑ INT
® Corps
® DWQ
27
1350
S3 ®P ❑ T
install grade
Unnamed
❑ PER
❑ Corps
5
349
control structures
Tributaries 1 &2
❑ INT
❑ DWQ
S4 ®P ❑ T
channel relocation
Unnamed
Tributary 3
❑ PER
El INT
❑ Corps
El DWQ
5
225
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
4515
3i. Comments:
Page 5 of 11
PCN Form — Version 1.3 December 10, 2008 Version

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number — (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed,
5a. I 5b.
Pond ID
number
then complete the chart below.
5c.
Wetland Impacts (acres)
Proposed use or purpose
of pond
5d. 5e
Stream Impacts (feet)
Flooded I Filled I Excavated I Flooded I Filled I Excavated
P1
P2
K Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Upland
(acres)
Flooded
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
Project is in which protected basin?
6b. 6c. 6d.
Buffer impact
number — Reason
Permanent (P) or for
Temporary (T) impact
61 ❑P ❑T
B2 ❑P ❑T
B3 ❑P ❑T
6i. Comments:
❑ Neuse ❑ Tar - Pamlico ❑ Other:
❑ Catawba ❑ Randleman
6e. I 6f. 6g.
Buffer
Stream name mitigation
required?
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
6h. Total buffer impacts
Zone 1 impact Zone 2 impact
(square feet) (square feet)
Page 6 of 11
PCN Form —Version 1.3 December 10, 2008 Version

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Since the purpose of the project is to restore the 4515 LF of the existing stream channels it was not possible to avoid the
impacts.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
1) Grading of streambanks will be conducted from the top of the adjacent floodplain or terrace, 2) Construction of the relocated
channel sections will proceed in the dry, after which baseflow will be diverted to the new channel and the old channel will be
backfilled; 3) seeding, mulching and installation of coir matting will proceed as channel sections are completed to provide
immediate stabilization.
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 yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non - riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form — Version 1.3 December 10, 2008 Version

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 8 of 11
PCN Form — Version 1.3 December 10, 2008 Version

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Yes No
❑
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
0%
2b. Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Stream restoration on rural agricultural
land
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
❑ Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
❑ Phase II
3b. Which of the following locally - implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4. DWQ Stormwater Program Review
❑ Coastal counties
4a. Which of the following state - implemented stormwater management programs apply
❑ HQW
❑ ORW
(check all that apply):
❑ Session Law 2006 -246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 11
PCN Form —Version 1.3 December 10, 2008 Version

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
la.
Does the project involve an expenditure of public (federal /state /local) funds or the
® Yes
❑ No
use of public (federal /state) land?
1 b.
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
❑ Yes
® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes
❑ No
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes
® No
or Riparian Buffer Rules (15A NCAC 213 .0200)?
2b.
Is this an after - the -fact permit application?
❑ Yes
® No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
® No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Page 10 of 11
PCN Form — Version 1.3 December 10, 2008 Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
El Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Dave McHenry and Mark Fowlkes, North Carolina Wildlife Resource Commission completed a site visit on January 18,
2012..
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Dave McHenry and Mark Fowlkes, North Carolina Wildlife Resource Commission completed a site visit on January 18,
2012.
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
El Yes No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Contacted Dolores Hall, Deputy State Archaeologist to confirm there are no archaeological resources on -site. Contacted
Justin Kockritz, NC Historic Preservation Office to confirm there are no historical resources on -site. Confirmations
pending.
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:
8c. What source(s) did you use to make the floodplain determination? Reviewed NCFloodMaps.com
Rocky Powell
August 10,
2012
Applicant/Agent's Printed Name
Date
Applican gent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 11
PCN Form — Version 1.3 December 10, 2008 Version

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Fig. 2 — Big Creek II Stream Restoration Project Site
3

July 25, 2008
Attn: North Carolina Division of Water Quality
This letter authorizes Rocky Powell, Clear Creeks Consulting to act as my agent
in obtaining state and federal permits to implement the restoration of Big Creek
on my property in Mount Airy, North Carolina.
Sincerely,

January 17, 2012
Attn: North Carolina Division of Water Quality
This letter authorizes Rocky Powell, Clear Creeks Consulting to act as my agent
in obtaining state and federal permits to implement the restoration of Big Creek
on my property in Mount Airy, North Carolina.
Sincerely,

January 17, 2012
Attn: North - Carolina Division of Water Quality
This letter authorizes Rocky Powell, Clear Creeks Consulting to act as my agent
in obtaining state and federal permits to implement the restoration of Big Creek
on my property in Mount Airy, North Carolina.
Sincerely,
I-Ai

January 17, 2012
Attn: North Carolina Division of Water Quality
This letter authorizes Rocky Powell, Clear Creeks Consulting to act as my agent
in obtaining state and federal permits to implement the restoration of Big Creek
on my property in Mount Airy, North Carolina.
Sincerely,
I