20230350 Ver 1_ePCN Application_20230303

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:
2/2/2023
BIMS # Assigned * Version#*
20230350 1
Is a payment required for this project? *
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Winston-Salem Regional Office - (336) 776-
9800
Information for Initial Review
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Seren Homer:[e-mail]
la. Name of project:
Mitchell Poe Project (South Fork)
la. Who is the Primary Contact?*
Glen Sullivan
1b. Primary Contact Email: * lc. Primary Contact Phone: *
[e-mail] [phone]
Date Submitted
3/3/2023
Nearest Body of Water
South Fork New River
Basin
New
Water Classification
B;ORW
Site Coordinates
Latitude:
36.438758
Longitude:
-81.347482
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Ashe
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
1b. 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
lh. 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:
Mitchell Poe and wife Kimberly Poe
2b. Deed book and page no.:
363/0995
2c. Contact Person:
Mitchell Poe
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No

2d. Address
Street Address
P.O. Box 985
Address Line 2
City
West Jefferson
Postal / Zip Code
28694
State / Province / Region
NC
Country
US
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Glen Sullivan
4b. Business Name:
Foggy Mountain Nursery
4c. Address
Street Address
2251 Ed Little Road
Address Line 2
City State / Province / Region
Creston NC
Postal / Zip Code Country
28615 US
4d. Telephone Number: 4e. Fax Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Jefferson NC
2. Project Identification
2a. Property Identification Number:
01369054
2c. Project Address
Street Address
1139 S J E GENTRY RD
Address Line 2
City
Jefferson
Postal / Zip Code
28640
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
South Fork New River
3b. Water Resources Classification of nearest receiving water: *
B;ORW
3c. What river basin(s) is your project located in?*
2b. Property size:
53
State / Province / Region
NC
Country
US
New

3d. Please provide the 12-digit HUC in which the project is located.
050500010209
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: *
The project site is located along the South Fork of the New River east of Jefferson, NC. A sediment deposit on the opposite side of river has directed the thalwag to the bank.
The bank is eroded due to the pressure of the water and the lack of vegetation.
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:
2899 If of the South Fork of the New River
4h. Explain the purpose of the proposed project: *
To repair and stabilize eroding banks by re-establishing proper bank profiles through bank reshaping and with 2 in -stream structures, to improve water quality. To improve habitat for
aquatic fauna and to improve the overall condition of the riparian areas at the site
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Eroding banks will be reshaped to approximately 2:1, or flatter and planted with native vegetation. Two (2) rock vanes will be constructed to divert the thalwag back to the center of the
stream. During construction a track hoe will do the work from the bank, although the track hoe may have to access the stream to construct the end of the rock vanes. After construction
the bank will be seeded with native grass seed and sloped bank will be covered with erosion control matting and anchored with live stakes and landscape staples. Flat areas will be
seeded and mulched with straw. All areas will be planted with live stakes (Silky Willow, Salix Sericea) (Silky Dogwood, Cornus amomum) (Elderberry, Sambucus canadensis) along with
native rhododendron mtn laurel and river birch.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas? *
Yes
Comments:
No OO Unknown
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*
S1
Stabilization
Permanent
Bank Stabilization
South Fork New River
Perennial
Both
141
Average (feet)
380
(linear feet)
S2
Rock Vane
Permanent
Bank Stabilization
South Fork New River
Perennial
Both
141
Average (feet)
10
(linear feet)

S3
Rock Vane
Permanent
Bank Stabilization
South Fork New River
Perennial
Both
141
Average (feet)
10
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
400
3i. Total stream and ditch impacts:
3j. Comments:
E. Impact Justification and Mitigation
3i. Total temporary stream impacts:
0
0
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
This project will stabilize 400 If of eroding stream bank, reduce stream bank erosion, reduce in -stream sediment loads and improve in -stream aquatic
habitats. Stream aesthetics will be improved with the establishment of a well vegetated and functioning riparian zone.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
During construction, equipment will only access the stream when absolutely necessary. For this project, it is anticipated that most of the track hoe work
can be accomplished from the top of the bank. However, equipment may need access the stream during the construction when no other construction
alternative exists. Soil disturbance will be limited to what can seeded and stabilized in one day. Banks will be seeded and coir matting will be placed
and anchored with wooden stakes. Flat areas will be seeded and covered with straw.
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:
F. Stormwater Management and Diffuse Flow Plan (required by DWR) 0
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:
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:
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
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 28 .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.
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?
www.fws.gov/nc-es/es/countyfr.html
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat? *
Yes No
Are there submerged aquatic vegetation (SAV) around the project vicinity?*
Yes
No Unknown
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
www.fws.gov/nc-es/es/countyfr.html
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? *
www.hpo.ncdcr.gov/nrlist.htm
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 impede flood waters.
8c. What source(s) did you use to make the floodplain determination? *
msc.fema.gov/portal/search#searchresultsanchor
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
agent authorization.pdf
mitchell poe south fork.pdf
pics.pdf
Site Plan-converted.pdf
Topol (5).pdf
topo2 (9).pdf
File must be PDF or KMZ
Comments
1.27MB
164.72KB
881.11KB
188.88KB
7.12MB
111.74KB
Signature 6
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:
Glen Sullivan
Signature
r! z'P.ril/2nr
Date
3/3/2023