20230203 Ver 1_ePCN Application_20230206

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:
11/17/2022
BIMS # Assigned* Version#*
20230203 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:
Rogers Property Stream Bank Stabilization Newfound Creek
la. Who is the Primary Contact?*
Jennings Environmental, PLLC, David Brown
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
2/6/2023
Nearest Body of Water
Newfound Creek
Basin
French Broad
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.58854 -82.75385
A. Processing Information
County (or Counties) where the project is located:
Buncombe
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: 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:
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:
Haynes Mont Rogers III
2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
19 Haylandy Drive
Address Line 2
City
Leicester
Postal /Zip Code
28748
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
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, PG
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, PG
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
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Leicester
2. Project Identification
2a. Property Identification Number:
PIN 8689-31-2410
2b. Property size:
49.36

2c. Project Address
Street Address
19 Haylandy Drive
Address Line 2
City
Leicester
Postal / Zip Code
28748
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Newfound 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.
Upper French Broad - 06010105
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 property is in agricultural use. The land use in the vicinity of the property is residential, agricultural, and undeveloped forested tracts. The project site consists of an approximate 0.75-
acre riparian corridor along Newfound Creek in the southeast portion of the parcel. Newfound Creek has been impacted by past agricultural practices at the property. The existing stream
banks at the project site are incised, eroding, and undercut. The drainage area at the project site is approximately 1.9 square miles. See attached existing conditions photographs and
USGS StreamStats 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:
Unknown
4g. List the total estimated linear feet of all existing streams on the property:
1,088 If Newfound Creek
4h. Explain the purpose of the proposed project: *
The objectives of the project activities is to stabilize the stream banks, establish a native riparian buffer, construct flood benches, and to prevent additional soil loss to downstream surface
waters. This will improve the natural ecology of the stream and buffer.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The stream banks along Newfound Creek will be stabilized using natural design techniques. The work will provide a more sustainable riparian ecosystem with natural buffers. Stream
banks will be constructed to a tolerable morphology and held in place with with a rock toe and vegetated geo-lifts. The historical adjacent floodplain areas along Newfound Creek will be
improved and restored by constructing low benches.
A minimum 25-ft native herbaceous and woody buffer will be planted in the riparian areas to promote long-term stability, soil strength, and water quality benefits. 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
A field survey of the project area was conducted to locate streams and wetlands. The purpose of the
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 make a jurisdiction determination of the aquatic features in the project area.
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:

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*
Si
Bank Stabilization
Permanent
Bank Stabilization
Newfound Creek
Perennial
Corps
17
Average (feet)
279
(linear feet)
S2
Temporary Pump -around
Temporary
Dewatering
Newfound Creek
Perennial
Corps
17
Average (feet)
10
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
279
3i. Total stream and ditch impacts:
289
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
10
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
As this project is a stream bank stabilization 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 channel. Ground/soil disturbance will be minimized to the extent possible.
Work will be conducted in the existing channel and will utilize a pump or pipe around system 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. 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 stabilize eroding stream banks in order to gain a more natural functioning 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 bank stabilization 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 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
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.
The project is not located near any known occurrences of hibernacula or maternity roost sites for listed bat species. Onsite evaluations conducted in
November 2021 indicated there are no caves, no cave like features, no sizeable rock cervices, and no out -buildings within the project area which may
provide roosting habitat.
Consideration of potential effects to listed bats assumes the presence of the species, even though it is not known if the species actually occur in the
project area. There are no forested areas within the project area. No trees will be removed/cut for this 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.
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:
The project will not result in BFE increases and the appropriate local floodplain agency will be notified of the stream bank stabilization design.
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 Request.pdf
Agent Authorization.pdf
Buncombe County Assessment Property Record Search.pdf
IPaC Species List Rogers Property.pdf
New Found Creek - Monty Rogers 2023-01-03[90].pdf
Rogers Property Soil Report.pdf
Rogers Property Streambank Stabilization Photos.pdf
StreamStats Newfound Creek 1.9 sqmi.pdf
File must be PDF or KMZ
Comments
Supporting Attachments:
Agent Authorization Form
Permit Design Drawings/Plans
Existing Condition Photographs
USGS StreamStats
Soil Map
Stream and Wetlands Map
401 Pre -filing Meeting Request
Parcel Map
USFWS IPaC
Signature
By checking the box and signing below, I certify that:
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• 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
Pr41/Alarprn
Date
2/6/2023