20190446 Ver 2_ePCN Application_20210805

DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
April4,2021 Ver4
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
C Yes r No
Change only if needed.
BIMS # Assigned * Version#*
20190446 2
Is a payment required for this project?*
r No payment required What amout is owed?*
r Fee received
r $240.00
r Fee needed - send electronic notification
r $570.00
Reviewing Office *
Select Project Reviewer*
Asheville Regional Office - [phone]
Amy Annino:eads\amannino
Information for Initial Review
1a. Name of project:
Hyman Riverbank Stabilization #2
1a. Who is the Primary Contact?*
Jonathan T Hyman
1b. Primary Contact Email:*
[e-mail]
Date Submitted
8/5/2021
Nearest Body of Water
Elk River
Basin
Watauga
Water Classification
B, Trout
Site Coordinates
Latitude:
36.186097
A. Processing Information
County (or Counties) where the project is located
Avery
Is this a NCDMS Project
r Yes r No
Is this project a public transportation project?*
r Yes r No
Pre -Filing Meeting Information
Is this a courtesy copy notification?*
r Yes r No
Longitude:
-81.962357
1c. Primary Contact Phone:*
[phone]
L.1

ID#
Version
Pre -fling Meeting or Request Date
5/25/2021
Attach documentation of Pre -Filing Meeting Request here:
dick the upload button or drag and drop files here to attach document
DWR Pre -Filing Meeting Request Form.pdf
File type mast be FCF
1a. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
r Yes
r No
1b. What type(s) of permit(s) do you wish to seek authorization?
W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number: 13 - Bank Stabilization
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual 401 Water Quality Certification
le. Is this notification solelyfor the record because written approval is not required?
For the record onlyfor DWR401 Certification:
For the record onlyfor Corps Permit:
50.32KB
f 401 Water Quality Certification - E)press
F 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?
W Owner r Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Jonathan T. Hyman and Natalie E. Antoun Hyman
2b. Deed book and page no.:
BK: RE 560 PG: 1746-1748
r Yes r No
r Yes r No

2c.Contact Person:
2d.Address
Street Address
136 Cottage PI.
Address tine 2
CKY
Charlotte
Postal / Zip Code
28207
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
State / Province / Region
NC
Country
Mecklenburg
2f. Fax Number:
C. Project Information and Prior Project History C"U
1. Project Information
1b. Subdivision name:
(ff appropnate)
1c. Nearest municipality/ town:
Elk Park
r2. Project Identification
2a. Property Identification Number:
2b. Property size:
1829-00-59-8676-00000
0.574
2c. Project Address
Street Address
5 Water Sound Dr.
Address tine 2
(MY
State / Province / Region
Elk Park
NC
Postal / Zip Code
Country
28622
Avery
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Elk River
3b. Water Resources Classification of nearest receiving water:*
B, Trout
3c. What river basin(s) is your project located in?*
Watauga
3d. Please provide the 12-digit HUC in which the project is located.
060101030202
4. Project Description and History
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:*
Currently residential land/lot within the Elk River Refuge development. Elevated water levels have eroded the riverbank.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
4f. List the total estimated acreage of all existing wetlands on the property:
0
4g. List the total estimated linear feet of all existing streams on the property:
170'

4h. Explain the purpose of the proposed project:*
Stabilize riverbank and prevent further erosion.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Will place rock along river's edge to create a rock toe. Will slope bank and lay coconut mat to hold soil. Will use erosion fence to help keep runoff out of river. Will seed heavily to regrow
grass. Equipment used will include a track hoe and track loader. ApproAmate average rock size used Will be 2 ft x 2 ft. Vegetation will be native.
4j. Please upload project drawings for the proposed project.
Hyman_Riverbank_ Stabilization_No_2.pdf 411 KB
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:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
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
la. Where are the impacts associated with your project? (check all that apply):
r Wetlands W Streams -tributaries f Buffers
r Open Waters f Pond Construction
3. Stream Impacts
3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * 3f. Type ofwidth * 3h. Impact
(?) :1 Jurisdiction* length*
Erosion Permanent Bank Stabilisation lff�17-r
Both t;;][�(110_
f-:)
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 3i. Total temporary stream impacts:
170 0
3i. Total stream and ditch impacts:
170
3j. Comments
E. Impact Justification and Mitigation
v
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:

Sloping the banks in lieu of a retaining wall or placing large boulders.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Will not be working in the stream. Will use a coconut mat to secure soil. Will use an erosion fence to prevent runoff into the stream.
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
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
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)?
r Yes r No
Comments:
Spoke with Shelton Sullivan of 401 Buffer Permitting division/area on 8/5/21. Given the project is just riverbank stabilization, we do not think that question 21b applies. Please advise if
incorrect.
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
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?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
This lot and others in the development along the river are already cleared.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor WA
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?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5d. Is another Federal agency involved?*
r Yes r No r. Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?

r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
Si. 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.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Corps knowledge
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?*
Corps knowledge
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?*
HPO website
7c. Historic or Prehistoric Information Upload
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:
Unknown
8c. What source(s) did you use to make the floodplain determination?*
Avery County website. Will get additional permits if needed.
Miscellaneous
Comments
In 2019, 1 went through this process, working with Amanda Jones of the Army Corps, to stabilize the bank on 7 Water Sound Dr (property with the cabin in the aerial images provided). I
recently purchased the adjacent lot, 5 Water Sound Dr., and would like to perform the same process to stabilize its riverbank. Amanda Jones visited the river in January 2019. Attached
are pictures of the current riverbank for 5 Water Sound Dr., as well as arial images from Google maps. I plan to use the same contractor. Thank you.
Miscellaneous attachments not previously requested.
PCN_ Images_20210805v2.pdf
Signature
*
W By checking the box and signing below, I certify that:
19.11MB
• 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:
Jonathan T Hyman
Signature
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Date
8/5/2021

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Aerial 2

Contact Name*
Contact Email Address*
Project Owner*
Project Name*
Project County*
Owner Address:*
Is this a transportation project?*
Jonathan T. Hyman
[e-mail]
Jonathan T. Hyman
Hyman Riverbank Stabilization #2
Avery
Street Address
136 Cottage PI.
Address Line 2
aty
Charlotte
Postal / Zip axle
28207
C Yes c: No
Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - F- 401 Water Quality Certification -
Regular Express
F- Individual Permit F- Modification
W Shoreline Stabilization
Does this project have an existing project ID#?*
C Yes c: No
State / Province / Pegion
NC
Country
us
Do you know the name of the staff member you would like to request a meeting with?
Please give a brief project description below and include location information.*
The location of the project is 5 Water Sound Dr. in Elk Park, NC. The
objective is to mitigate further erosion of the riverbank along the Elk
River. The plan for the project is to place rock (approx. 2ft x 2ft in
size) along the river's edge to create a rock toe and slope the bank.
We will use coconut mats, as well as an erosion fence, to hold the soil
in place while native grass grows and creates a root system.
Equipment used will include a track hoe and track loader, neither of
which will be in the river.
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.

1 also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.
Signature *
Submittal Date 5/25/2021