20221635 Ver 1_ePCN Application_20221115

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:
7/18/2022
BIMS # Assigned* Version#*
20221635 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:
Boylston Creek Restoration - FBPLLC Property
la. Who is the Primary Contact?*
Jennings Environmental, PLLC - David Brown
lb. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
11/15/2022
Nearest Body of Water
Boylston Creek
Basin
French Broad
Water Classification
W S-I V
Site Coordinates
Latitude: Longitude:
35.37165 -82.54467
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:
French Broad Partners, LLC
2b. Deed book and page no.:
2c. Contact Person:
Ann Goodson
2d. Address
Street Address
4028 Haywood Road
Address Line 2
City
Mills River
Postal /Zip Code
28759
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
North Carolina
Country
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2f. Fax Number:
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:
Mills River
2. Project Identification
2a. Property Identification Number:
9640-38-2996,9641-30-1267,and 9640-49-
1769
2b. Property size:
120.15

2c. Project Address
Street Address
4028 Haywood Road
Address Line 2
City
Mills River
Postal / Zip Code
28759
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Boylston Creek
3b. Water Resources Classification of nearest receiving water: *
WS-IV
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
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 in agricultural use. The land use in the vicinity of the property is residential, commercial, agricultural, and undeveloped forested tracts.The project site consists of an
approximate 32-acre riparian corridor along Boylston Creek from the bridge over Boylston Creek on Ladson Road to the mouth of the creek at the French Broad River. The project site is
currently comprised of agricultural fields and a sparsely wooded riparian buffer. The majority the site has been previously cleared, drained and has been used for growing row crops and
livestock grazing for decades. The existing stream banks at the project site are incised, eroding, and undercut. The drainage area at the project site is approximately 15.6 square miles.
See attached existing conditions photographs and USGS stream stats report.
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
4g. List the total estimated linear feet of all existing streams on the property:
3,658
4h. Explain the purpose of the proposed project: *
The objectives of the restoration activities is to stabilize stream banks and channel, establish native riparian buffers, construct flood benches, reconnect the stream with the floodplain,
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: *
Boylston Creek 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 channel will be stabilized with constructed riffles,
boulder and/or log steps, boulder and/or log vanes. The historical adjacent floodplain areas along Boylston Creek will be improved and restored by constructing low benches and removing
man-made berms.
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 No
Comments:
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:
Unknown
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
3. Stream Impacts
Streams -tributaries
Pond Construction
Buffers
3a. Reason for impact (?)
3b.Impact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Stream Restoration
Permanent
Other
Boylston Creek
Perennial
Corps
25
Average (feet)
3,658
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
3,658
3i. Total stream and ditch impacts:
3
3j. Comments:
E. Impact Justification and Mitigation
3i. Total temporary stream impacts:
0
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.
lb. 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.
Most of the work will be conducted in sections of existing channel and will utilize a pump or pipe around system in order divert flows away from active
work areas. However, it will not be feasible to pump/pipe around the stream base flow for all of the project work. In these areas, the contractor shall use
gravel and cobble to create a berm that diverts flows around active work areas to minimize interaction of stream flows with areas being disturbed by
earth and construction activities. 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. Erosion and sediment control details are included on
the project plans. The project will not require review and approval of an erosion and sediment control plan.
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 construct a more natural functioning stream reach to replace the degraded and unstable stream reach. 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
5d. Is another Federal agency involved?*
Yes
What Federal Agency is involved?
USDA-NRCS
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
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/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 matemity roost trees and structures for these federally listed bat
species.
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. Since this
project is funded by the NRCS, the agency will be responsible for comply with the applicable federal and state cultural resources reviews.
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 dreg and drop files here to attach document
401 Pre -filing Meeting Request.pdf 99.78KB
Agent Auth Signed.pdf 804.52KB
Boylston Creek - FBPLLC Parcels.pdf 7.59MB
Boylston Creek-FBPLLC Property Soil Map.pdf 677.7KB
Design Plan for Review BoylstonCreek 2022-11-03.pdf 9.73MB
Photos Boylston Creek FBPLLC Property.pdf 12.04MB
StreamStats Boylston Creek 16 sqmi.pdf 420.32KB
File must be PDF or KMZ
Comments
Supporting Attachments:
Agent Authorization Form
Permit Design Drawings/Plans
Existing Condition Photographs
USGS StreamStats
Soil Map
401 Pre -filing Meeting Request
Parcel Maps
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
band gOti.,14
Date
11/15/2022