20210865 Ver 1_ePCN Application_20210913

DWR
Dlrlslon of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver4.1
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?*
r Yes r No
Change only if needed.
BIMS # Assigned
20210865
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office*
Asheville Regional Office - [phone]
Information for Initial Review
la. Name of project:
LEDFORD - CANE CREEK BANK RESTORATION
la. Who is the Primary Contact?*
Zan Price
1b. Primary Contact Email:*
[e-mail]
Date Submitted
9/13/2021
Nearest Body of Water
Cane Creek
Basin
French Broad
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.483301-82.430771
A. Processing Information
County (or Counties) where the project is located:
Buncombe
Is this a NCDMS Project
r Yes r No
Is this project a public transportation project?*
r Yes r No
Pre -Filing Meeting Information
Version#*
1
What amout is owed?*
r $240.00
IT $570.00
Select Project Reviewer*
Andrew Moore:eads\awmoore3
1c. Primary Contact Phone:*
[phone]
Is this a courtesy copy notification?*
r Yes r No

ID#
20210865
Pre -fling Meeting or Request Date
4/28/2021
Attach documentation of Pre -Filing Meeting Request here:
nick the upload button or drag and drop files here to attach document
DWR Pre -Filing Meeting Request Form (1).pdf
File type mast be FCF
1a. Type(s) of approval sought from the Corps:
V 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
Nationwide Permit (NWP) Number: 27 - Restoration
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
fJ 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r 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:
Version
1
52.15KB
r 401 Water Quality Certification - E)press
r 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?
(- Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
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:
JEFFREY W LEDFORD REVOCABLE LIVING TRUST
2b. Deed book and page no.:
6042/1114
2c.Contact Person:
r Yes r No
r Yes r No

2d.Address
Street Address
15 WALNUT MEADOW LN
Address tine 2
City
State / Province / tegim
Fletcher
NC
Postal / Zip Code
Country
28732
USA
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
BRUCE E JOHNSON REVOCABLE TRUST
2b. Deed book and page no.:
4609/0276
2c.Contact Person:
2d.Address
Street Address
25 UPPER BRUSH CREEK RD
Address Line 2
City
State / Province / Ragim
Fletcher
NC
Postal / Zip Code
Country
28732
USA
2e. Telephone Number:
2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Zan Price
4b. Business Name:
Jennings Environmental
4c.Address
Street Address
7 Samuel Ashe Drive
Address tine 2
City
State / Province / Ragim
Asheville
NC
Postal / Zip Code
Country
28805
USA
4d. Telephone Number: 4e. Fax Number:
[phone]
4f. Email Address:*
zan@jenningsenv.00m
C. Project Information and Prior Project History U
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/ town:
Fletcher
F2.Project Identification

2a. Property Identification Number:
967498136600000/967487361900000
2b. Property size:
8.9/14.2
2c. Project Address
Street Address
15 WALNUr MEADOW LN
Address tine 2
CKY
Fletcher
Postal / Zip Code
28732
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Cane Creek
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.
060101050701
4. Project Description and History
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 current land use in the vicinity of the project is primarily rural residential, agricultural, and forest.
Ongoing bank erosion along the left bank of Cane Creek is impacting recreational access, causing significant land loss, and exporting sediment to downstream surface waters.
Additionally, there is an unnamed tributary that flows into Cane Creek at the project site. This tributary is incised with steep and eroding streambanks. The epsting buffer within the
project area is limited.
The drainage area at the project site is approAmately 42.2 square miles. See attached historical aerial photographs, existing condition photographs, and USGS streamstats report
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes G No r Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
NA
4g. List the total estimated linear feet of all existing streams on the property:
2000
4h. Explain the purpose of the proposed project:*
The primary objectives of the project are to stabilize the river bank and establish a native riparian buffer to prevent additional soil loss to downstream surface waters.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project will rebuild, stabilize, and re -vegetate 350 LF of the left bank along Cane Creek. An unnamed tributary to Cane Creek will be relocated to create a newconfluence for long-
term stability and natural channel functions. An existing 48-inch culvert within the tributary will be removed as part of the project.
Wood and rock toe protection will be used with soil geo lifts to rebuild the left streambank. Biodegradable coir matting will be installed on all graded slopes. A log vane structure will be
installed at the upstream extent of the project to direct flows and shear stress away from the left bank, stabilize the new confluence, and create a scour pool for fish habitat.
A 30-foot native woody buffer will be planted in the riparian area to promote long-term stability and water quality
benefits.
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?*
r Yes G No C 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:
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
1a. Where are the impacts associated with your project? (check all that apply):
r Wetlands W Streams -tributaries r Buffers
r Open Waters r Pond Construction
3. Stream Impacts
F
3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type* I. Type of 3g. S. width * 3h. Impact
(?) Jurisdiction* length*
S1
Bank Stabilization
Permanent
Bank Stabilization J
Cane Creek
Perennial
Both
40
Average (feet)
351
(linearfeet)
S2
Channel Relocation
Permanent
Stabilization
UT Cane Creek
Perennial
Both
15
Average (feet)
390
(liriearfeet)
3i. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts:
741
31. Total stream and ditch impacts:
741
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Streambank stabilization is needed to achieve ecological objectives and enhance water quality within the project reach and areas downstream.
Impacts will be acute and short-term, but will result in long-term benefits to aquatic resources.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction impacts Will be minimized by limiting in -channel work to low -flow conditions and working from the streambanks when feasible. Graded
streambanks will be stabilized by using grass seed, straw mulch, and biodegradable erosion control matting.
The unnamed tributary relocation will be built offline in the dry. Streamflows Will not be diverted into the new channel until the banks are stabilized with
coir matting.
Due to the size of the watershed (42.2 sq miles), it is not feasible to pump around the baseflowfor the Cane Creek portion of this project. The
applicant requests a waiver from this requirement. A temporary diversion using cobble from the wasting mid -channel bars Will be utilized to divert the
flowing stream away from the left bank work areas.
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
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Streambank stabilization project.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
v

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
If no, explain why:
French Broad River basin
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 15A NCAC 02H .1003(2)?
r Yes r No
Comments:
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?*
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 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.
Stabilization project for a single family residence.
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
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.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Please forward this application to the US Fish and Wildlife Service for comment.
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?*
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?*
r Yes
r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NC DCR has been contacted for compliance with Cultural Resources laws. Agent has reviewed NC DCR maps and there are no known historic
resources identified in or adjacent to the project area.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes
f No
8b. If yes, explain how project meets FEMA requirements:
Applicant has submitted a no rise certification report to the local floodplain administrator
8c. What source(s) did you use to make the floodplain determination?*
NC FEMA Floodmaps
7-
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.
tick the upload button or drag and drop files here to attach document
Ledford Cane Ck - Agent Auth.pdf
36.56KB
Johnson Cane Ck - Agent Auth.pdf
459KB
Historical Aerials.pdf
225.97KB
Cane Creek Existing Condition Photograph.pdf
570.71KB
StreamStats Cane Creek Ledford 42.2 sgmi.pdf
434.43KB
81101_LEDFORD_CANE_CREEK_PERMIT_DRAWING_17AUGUST2021.pdf
4.3MB
Re rrusl be FEF or IM
Comments
Signed Agent Authorization Forms
Historical Aerial Photographs
Existing Condition Photographs
USGS Streamstats Report
Permit Drawing Plan Sheets
Signature
W 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:
Zan Price
Signature
Date
9/13/2021