20230143 Ver 1_ePCN Application_20230118

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:
11/21/2022
BIMS # Assigned* Version#*
20230143 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*
Central Office - [phone] Sue Homewood:eads\slhomewood:[e-mail]
Information for Initial Review
la. Name of project:
Bakersville ARPA Water and Sewer Relocations
la. Who is the Primary Contact?*
Charles Vines
lb. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
1/18/2023
Nearest Body of Water
Cane Creek
Basin
French Broad
Water Classification
C, Tr
Site Coordinates
Latitude:
36.012305
A. Processing Information
County (or Counties) where the project is located:
Mitchell
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No
Longitude:
-82.154957

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
Please provide the date of the previous submission.*
11/30/2022
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: 13 - Bank Stabilization
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:
If. 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
Id. 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:
Charles Vines
2b. Deed book and page no.:
2c. Contact Person:
Charles Vines
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No

2d. Address
Street Address
26 Crimson Laurel Circle
Address Line 2
Ste 2
City
Bakersville
Postal / Zip Code
28705
State / Province / Region
NC
Country
USA
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Daniel Zurlo
4b. Business Name:
4c. Address
Street Address
1213 W Morehead St
Address Line 2
Ste 300
City
Charlotte
Postal / Zip Code
28208
4d. Telephone Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
4e. Fax Number:
1. Project Information
1 b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Bakersville, NC
2. Project Identification
2a. Property Identification Number: 2b. Property size:
see attached figures for project area
2c. Project Address
Street Address
Address Line 2
City State / Province / Region
Postal / Zip Code Country
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, Tr
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.
060101080204
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:*
Site consists of perennially flowing streams and maintained lawns, athletic fields, and paved greenways.
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:
154
4h. Explain the purpose of the proposed project:*
This project includes the relocation of approximately 346 LF of 8" water main crossing Cane Creek, relocation of approximately 670 LF of 10" sewer lines that run parallel to Cane Creek,
and the replacement of approximately 60 LF of 8" sewer lines that cross a tributary to Cane Creek.
This PCN was submitted on November 30, 2022 (SAW-2022-02593). It was rejected by the NC DWR because the 30-day 401 pre -application notification period had not expired. No
changes to the previous submittal are being made to this submittal.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
8" Water Line Relocation (Sheet C.1 and C.2):
A portion of the Town's 8" water line runs along Crimson Laurel Way and crosses Cane Creek has been exposed within the creek bed due to severe storms and creek bank erosion. Our
design proposes to relocate the water line a minimum of 10 feet below the creek bed via horizontal directional drill (HDD) to prevent further damage to the line, infiltration from the creek
into the Town's water supply, and/or the leaching of chemicals from the water line into the Trout Waters. Disturbance will also take place with the effort to remove the portion of exposed
water line within the creek bed (Impacts S1-15 If temporary impact). After removal the stream bed and bank will be restored via natural stabilization techniques. In addition, we are
proposing to stabilize two sections of the stream that are experiencing moderate to severe erosion and scouring (Impacts S2-69 If permanent impact and S3-85 If permanent). The portion
of exposed water line set to be removed is contained within one of those two sections.
10" Gravity Sewer Relocation (Sheet C.3 & C.5):
The second part of this project proposes to relocate a portion of the Town's 10" gravity sewer that runs parallel to Cane Creek. This sewer line has also been exposed due to creek bank
erosion. If the sewer lines are left as is, additional creek bank erosion could lead to the pipe becoming damaged causing sewage to leak out into the creek. No stream or wetland impacts
will result from this activity.
8" Gravity Sewer Replacement (Sheet C.4 & C.5):
The third and final part of this project involves the replacement of a failing manhole and approximately 60 LF of 8" gravity sewer that crosses a tributary to Cane Creek. Both the manhole
and section of sewer is experiencing severe l&l. The manhole which sits adjacent to the tributary has had multiple leaks especially during heavy rain events. In addition, the section of
sewer main that crosses the tributary and connects to the failing manhole recently experienced a break. The break was temporarily repaired with a coupling, but this will most likely fail
over time if a permanent repair isn't made. Impacts from gravity sewer replacement will result in 15 If of temporary impact (S4). After the replacement the stream bed and bank will be
restored via natural stabilization techniques. Rip rap will be placed to protect the new sewer line, however that will be below the streambed elevation. Native stream material will cover the
rip rap. No change to the original stream bed elevation is proposed.
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:
SAW-2022-02593
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
6. Future Project Plans
Dan Zurlo
WK Dickson
6a. Is this a phased project?*
Yes No
Unknown
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?
This PCN was submitted on November 30, 2022. It was rejected by the NC DWR because the 30-day 401 pre -application notification period had not expired. No changes to the previous
submittal are being made to this submittal.
D. Proposed Impacts Inventory
1. Impacts Summary

la. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
3. Stream Impacts
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
Water line removal
Temporary
Excavation
UT 1 to Cane Creek
Perennial
Corps
5
Average (feet)
15
(linear feet)
S2
Bank stabilization
Permanent
Bank Stabilization
UT 1 to Cane Creek
Perennial
Corps
5
Average (feet)
69
(linear feet)
S3
Bank stabilization
Permanent
Bank Stabilization
Cane Creek
Perennial
Corps
15
Average (feet)
85
(linear feet)
S4
Sewer replacement
Temporary
Excavation
UT 2 to Cane Creek
Perennial
Corps
5
Average (feet)
15
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
154
3i. Total stream and ditch impacts:
184
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
30
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The project proposes no loss of waters. In stream work will involve the removal of aging water and wastewater lines to eliminate potential pollution within
a trout water. All sewer realignment work will occur within maintained uplands comprised of athletic fields and a paved greenway (Aerial Imagery).
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
All bank stabilization will be achieved via natural techniques to limit erosion and protect existing infrastructure. In -stream work will occur in the dry via
pump around and all temporarily impacted streams will be restored to natural conditions.
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:
Permanent impacts are due to bank stabilization to be achieved via natural design techniques. No loss of waters is proposed.
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:
Project is not adjacent to NC protected riparian buffers
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:
No new impervious surface is proposed.
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: *
ARPA funding is not subject to NEPA/SEPA requirements.
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 proposes to replace aging infrastructure and restore eroding stream banks. No future development is planned.
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
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?
IPaC report and site habitat assessment. On -site terrestrial habitat is entirely maintained (Site photographs, Aerial imagery). It consists of maintained
lawns, athletic fields, and paved greenways. UT1 and UT2 to Cane Creek are unlikely to be supportive habitat to potentially occurring aquatic species
such as the Appalachian elktoe as flow regimes are not supportive. However, areas of Cane Creek to be impacted by bank stabilization can't be ruled
out as potentially supportive habitat.
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 essential fish habitat 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?*
Site visit indicating no structures within the LOD and NCSHPO mapper indicating no NR structures within the LOD. Site is entirely maintained, consisting
of maintained lawns, athletic fields, and paved greenways.
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:
No change to floodplain elevations is proposed
8c. What source(s) did you use to make the floodplain determination?*
FEMA firm panel 710086300J
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
Figures.pdf 2.59MB
Photopage.pdf 539.65KB
Plans and Impacts.pdf 10.94MB
401_Buffer Pre -filing Meeting Request-Bakersville ARPA Water and Sewer Relocations.pdf 134.96KB
Species List Asheville Ecological Services Field Office.pdf 624.85KB
Agent Authorization Form.pdf 101.45KB
File must be PDF or KMZ
Comments
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:
Daniel Zurlo
Signature
o0:2�.��rLth•
Date
1/18/2023