20230439 Ver 1_ePCN Application_20230319

DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
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:
2/5/2023
BIMS # Assigned
20230439
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Asheville Regional Office - [phone]
Information for Initial Review
la. Name of project:
Pizza By The River Bank Stabilization
1a. Who is the Primary Contact?*
Kevin Seagle
1b. Primary Contact Email: *
[e-mail]
Date Submitted
3/19/2023
Nearest Body of Water
Nantahala River - Fontana Lake
Basin
Little Tennessee
Water Classification
B- TR
Site Coordinates
Latitude:
34.33576
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Swain
Is this a NCDMS Project
Yes No
Longitude:
-83.61729
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Moore:[e-mail]
1c. Primary Contact Phone: *
[phone]
Q
i�
Is this project a public transportation project?*
Yes No

1a.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)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. 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
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. 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
1d. Who is applying forthe 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:
Brian Campbell - Noonday contractors LLC
2b. Deed book and page no.:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2c. Contact Person:
Brian Campbell
2d.Address
Street Address
191 Cobb Rd
Address Line 2
city
State / Province / Region
Panama City Beach
Florida
Postal / Zip Code
Country
32413
us
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:'
bria nca m pbel l815@yahoo. com
4. Agent/Consultant (if applicable)
4a. Name:
Kevin Seagle
4b. Business Name:
SMCS
4c. Address
Street Address
71 Tuck Cove Rd
Address Line 2
City
Bryson City
Postal / Zip Code
28713
4d. Telephone Number:
[phone]
4f. Email Address:"`
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Bryson City
2. Project Identification
2a. Property Identification Number:
6620-29-9275-000
2c. Project Address
Street Address
14750 Hwy 19 West
Address Line 2
City
Bryson City
Postal / Zip Code
28713
3. Surface Waters
3a. Name of the nearest body of water to proposed project: "
Nantahala River - Fontana Lake
3b. Water Resources Classification of nearest receiving water:
B- TR
3c. What river basin(s) is your project located in?*
Little Tennessee
3d. Please provide the 12-digit HUC in which the project is located.
06010202
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
us
4e. Fax Number:
2b. Property size:
State / Province / Region
NC
Country
us
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 site is a developed commercial business on the south bank of the Nantahala River. The general land use in the vicinity of the property is mostly undeveloped forest land, with some
developed commercial and residential land.
a

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:
4g. List the total estimated linear feet of all existing streams on the property:
435'
4h. Explain the purpose of the proposed project:*
The purpose of this project is bank stabilization and erosion control. The Nantahala River is flood and dam controlled. Each day the river is turned on and off by dam control, this has
created a lot of bank erosion and continues to do so. Stream bank restoration will help this problem and also lessen sedimentation in the river.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
We have stabilized the south end of the bank being less than 100' linear foot. We are wanting to finish out the stream bank restoration on the rest of the property. We have placed flat rock
in a step sequence the same as the original bank down to waters edge with track hoe. All work has and will be done when water is not flowing and at no time will any equipment be in the
water. The rest of the work to be done is approximately 250' linear. We have compacted the are with track hoe and placed rock tight into bank, this is how we will finish the project. We also
will mat , seed and sow any areas that are needed to control any erosion or sedimentation onsite.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No a Unknown
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:
6. Future Project Plans
6a. Is this a phased project?*
Yes O No
6b. If yes, explain.
Just two Phases the first was under 100" the second phase will be the remaining 250' and will be completed in a weeks time.
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
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
❑
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
fl
Erosion of Bank
Permanent
Bank Stabilization :]Nantahala
River
Perennial
Both
60
Average (feet)
250
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
250
3i. Total stream and ditch impacts:
250
3i. Total temporary stream impacts:
0

3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
All work to be done when water is not flowing and no equipment in the river. Finished high tide water is approximately 6" on new bank.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
No work during trout spawning season and no work during rainfall. All areas to be covered with seed and ground cover at all times during project.
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)
1. Diffuse Flow Plan
1a. 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
Comments:
G. Supplementary Information
1. Environmental Documentation
1a. 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 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.
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
L
O

5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
5d. Is another Federal agency involved?*
Yes No
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
Unknown
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?
Latest Corps updated Heritage database list noonday glove ( Patera clarkia Nantahala ) and Indiana Bat ( myotis somalis ) in the vicinity of the property.
USFWS map for northern long-eared bat (NLEB) consolation areas. Project is within NLEB known range and consultation area. The Corps is required to
consult project prior to issuing the permit verification for possible impacts to Noonday globe Indiana bat and NLEB
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 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?
Latest Corps updated heritage database.
8. Flood Zone Designation (Corps Requirement)
Be. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8b. If yes, explain how project meets FEMA requirements:
We have a survey on old stream bank and new rock installation. We will stay below BFE and and not add to stream bank. Will not require a no -rise.
8c. What source(s) did you use to make the floodplain determination?
NC Flood Maps
Miscellaneous
u
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
File must be PDF or KMZ
Comments
Signature u
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:
Kevin Seagle

Signature
Date
3/19/2023