20221472 Ver 1_ePCN Application_20221013

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
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.
Pre -Filing Meeting Date Request was submitted on:
6/3/2022
BIMS # Assigned* Version#*
20221472 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
What amout is owed?*
$240.00
$570.00
Reviewing Office* Select Project Reviewer*
Asheville Regional Office - [phone] Andrew Moore:eads\awmoore3
Information for Initial Review
la. Name of project:
Pleasant Grove Floodplain Restoration - Conserving Carolina Tracts
la. Who is the Primary Contact?*
Jennings Environmental, PLLC - David Brown
lb. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
10/13/2022
Nearest Body of Water
French Broad River, UTs French Broad River, and Little Willow Creek
Basin
French Broad
Water Classification
French Broad River - B / Little Willow Creek - C
Site Coordinates
Latitude:
Longitude:
35.29823 -82.58723
A. Processing Information
County (or Counties) where the project is located:
Henderson
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No

la. 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
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 27 - Restoration
NWP Numbers (for multiple NWPS):
ld. 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
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. 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
ld. 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:
Conserving Carolina
2b. Deed book and page no.:
2c. Contact Person:
Kieran Roe
2d. Address
Street Address
847 Case Street
Address Line 2
City
Hendersonville
Postal /Zip Code
28792
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
North Carolina
Country
USA
Yes No
Yes No

2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
David Brown
3b. Business Name:
Jennings Environmental, PLLC
3c. Address
Street Address
7 Samuel Ashe Drive
Address Line 2
City
Asheville
Postal / Zip Code
28805
3d. Telephone Number:
[phone]
3f. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
David Brown
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
State / Province / Region
North Carolina
Country
USA
3e. Fax Number:
State / Province / Region
North Carolina
Country
USA
4e. Fax Number:
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Etowah
2. Project Identification
2a. Property Identification Number:
PINs 9528-93-5163 and 9538-02-0016
2b. Property size:
97.38

2c. Project Address
Street Address
Pleasant Grove Road
Address Line 2
City
Etowah
Postal / Zip Code
28729
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
French Broad River, UTs French Broad River, and Little Willow Creek
3b. Water Resources Classification of nearest receiving water: *
French Broad River - B / Little Willow Creek - 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.
06010105 - Upper French Broad
4. Project Description and History
State / Province / Region
North Carolina
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 is open developed tracts. The project site was part of the failed Seven Falls development and prior to that it was agricultural fields. The land use in the vicinity of the property
is residential, commercial, agricultural, and undeveloped forested tracts.The project site consists of an approximate 97-acre riparian area along the south bank of the French Broad River
and the lower reach of Little Willow Creek. The wetlands and streams in the project area have been heavily altered by past agricultural practices and development. Little Willow Creek, UTs
of the French Broad River, and wetlands at the site have been historically ditched. A man-made berm limits the French Broad River access to its historical floodplain. The drainage area for
Little Willow Creek at the project site is approximately 14.4 square miles. See attached existing conditions photographs and USGS StreamStats report for Little Willow Creek.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2015-00787 (TVA River Access) and SAW-2007-03543 (Seven Falls)
4f. List the total estimated acreage of all existing wetlands on the property:
2.997
4g. List the total estimated linear feet of all existing streams on the property:
13,439
4h. Explain the purpose of the proposed project: *
The objectives of the restoration activities is to stabilize stream banks and channels, establish native riparian buffers, construct flood benches, restore floodplain wetlands, 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: *
Little Willow Creek, UTs of French Broad River, and wetlands will be restored using natural channel and bank design techniques. The work will provide a more sustainable riparian
ecosystem with natural buffers. Channel dimension, pattern, and profile will be constructed to a tolerable morphology and held in place with multiple in -stream and bank structures.The
channels will be stabilized with constructed riffles, boulder and/or log steps, boulder and/or log vanes.
The historical adjacent floodplain areas along the French Broad River and Little Willow Creek 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. Bank grading along the French Broad River will be above the ordinary high water mark, except for the grading
needed to construct the slough.
A 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
Comments:
No Unknown
Review of past delineations of waters and a survey of the project area was conducted to locate
streams, open waters, and wetlands. The purpose of this review and survey was to make an effective
analysis of the presence of waters and wetlands within the project area in order determine proposed
impacts to these aquatic features. Jennings Environmental is not requesting the Corps to make a
jurisdiction determination of the aquatic features in the project area. See the attached existing
conditions 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:
SAW-2007-03543
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
The Corps issued JDs associated with the Seven Falls development which cover this project area.
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
Open Waters
2. Wetland Impacts
Streams -tributaries
Pond Construction
Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type*(?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
W-7
grading
P
NON-NCWAM TYPES
W-7
No
Corps
0.009
(acres)
W-9
grading
P
NON-NCWAM TYPES
W-9
No
Corps
0.016
(acres)
W-14
grading
P
NON-NCWAM TYPES
W-14
No
Corps
0.042
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.067
2g. Total Permanent Wetland Impact
0.067
21. Comments:
These grading impacts are associated with wetland restoration activities. The final grades will allow reconnection to floodplains and will enhance wetland
hydrology. The impacts will not result in a loss of waters. The wetlands are emergent or scrub -shrub.
3. Stream Impacts
3a. Reason for impact i?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
site access
Temporary
Culvert
S-2
Perennial
Corps
6
Average (feet)
50
(linear feet)
S2
site access
Temporary
Culvert
S-5
Perennial
Corps
6
Average (feet)
50
(linear feet)
S3
site access
Temporary
Culvert
S-6
Perennial
Corps
6
Average (feet)
50
(linear feet)
S4
stream restoration
Permanent
Other
S-1 (French Broad River)
Perennial
Corps
6
Average (feet)
70
(linear feet)
S5
stream restoration
Permanent
Other
S-2 (at S-2a)
Perennial
Corps
6
Average (feet)
40
(linear feet)
S6
stream restoration
Permanent
Other
S-2 (at S-2b)
Perennial
Corps
6
Average (feet)
1,458
(linear feet)

S7
stream restoration
Permanent
Other
S-3
Perennial
Corps
6
Average (feet)
40
(linear feet)
S8
stream restoration
Permanent
Other
S-5
Perennial
Corps
6
Average (feet)
98
(linear feet)
S9
stream restoration
Permanent
Other
S-6 (Little Willow Creek)
Perennial
Corps
20
Average (feet)
2,077
(linear feet)
S10
stream restoration
Permanent
Other
S-7 (at S-7a)
Perennial
Corps
6
Average (feet)
273
(linear feet)
S11
stream restoration
Permanent
Other
S-7 (at S-7b)
Perennial
Corps
6
Average (feet)
274
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
4,330
3i. Total stream and ditch impacts:
948
3j. Comments:
4. Open Water Impacts
3i. Total temporary stream impacts:
150
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type
4e. Waterbody type
4f. Impact area
OW-2
floodplain restoration
P
OW-2
Other
Pond
0.17
OW-3
wetland restoration
P
OW-3
Other
Pond
0.72
OW-4
wetland restoration
P
OW-4
Other
Pond
0.27
OW-5
wetland restoration
P
OW-5
Other
Pond
0.14
OW-6
wetland restoration
P
OW-6
Other
Pond
0.04
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
1.34
4h. Comments:
4g. Total permanent open water impacts:
1.34
The impacts to open waters will convert these features to wetlands and/or backwater river slough.The impacts will not result in a loss of waters.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. 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.
1 b. 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 channels. Ground/soil disturbance will be minimized to the extent possible.
A pump or pipe around system will be utilized when working in stream channels in order divert flows away from active work areas. Also, construction
impacts will be minimized by limiting in -channel work to low -flow conditions and working from the stream banks where possible.
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 for review and approval prior to construction.
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 overall project objective is aquatic restoration in a degraded riparian area. 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
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:
The project is located in the French Broad Basin.
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:
Stream restoration project. No impervious area(s) are proposed as part of this project.
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
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 (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 site or 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
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
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 habitat in the project area.
No listed federally endangered/threatened species were located in/near project site and no suitable habitat exists based upon information submitted to
date, except for northern long-eared bat (Myotis septentrionalis) and gray bat (Myotis grisescens). The project is not located near any known
occurrences of hibernacula or maternity roost sites for these listed bat species. No tree clearing/cutting or structure demolition will be conducted in the
project area between April 15 and September 31 to minimize potential impacts to maternity roost trees and structures for these federally listed bat
species.
USFWS is part of the funding source for the project. Jennings Environmental has been in communication with the Asheville Field Office during the
planning and design stages of the project. Currently the Service is preparing their required Infra -Service Sec. 7 document for the project.
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?*
Jennings Environmental has reviewed NCDCR maps and online data. There are no known historic resources identified in the project area. Also,
NCSHPO provide comments stating no historic resources would be affected by the project. See attached NCSHPO letter.
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
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
401 Pre -filing Meeting Request.pdf
5002_PLEASANT_GROV E_404_FIGU RES. pdf
Images Pleasant Grove Floodplain Resoration Site.pdf
NCSHPO Letter ER-22-1559.pdf
Pleasant Grove Floodplain Parcels.pdf
Pleasant Grove Floodplain Restoration Agent Authorization.pdf
Pleasant Grove Floodplain Restoration Soil Report.pdf
StreamStats Little Willow Creek.pdf
5002_PLEASANT_GROVE_PERMIT_DRAWING_30SEPT2022.pdf
File must be PDF or KMZ
104.2KB
9.71 MB
34.74MB
128.68KB
4.55MB
146.2KB
1.03MB
501.38KB
16.72MB

Comments
Supporting Attachments:
Agent Authorization Form
Permit Design Drawings/Plans
Existing Condition Photographs
USGS StreamStats
Soil Map
Existing Condition of Waters and Impact Maps
401 Pre -filing Meeting Request
Parcel Maps
NCSHPO Letter
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:
David Brown
Signature
Date
10/13/2022