20230552 Ver 1_ePCN Application_20230417

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:
1/24/2023
BIMS # Assigned
20230552
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:
Cold Springs Creek Stream Rehabilitation Project
1a. Who is the Primary Contact?*
Brady N. Dodd
1b. Primary Contact Email: *
[e-mail]
Date Submitted
4/17/2023
Nearest Body of Water
Cold Springs Creek
Basin
French Broad
Water Classification
Class C, Trout
Site Coordinates
Latitude:
35.761424
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Haywood
Is this a NCDMS Project
Yes No
Longitude:
-82.979826
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Joey Winston:[e-mail]
1c. Primary Contact Phone: *
[phone]
a
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 permits) 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: 27 - Restoration
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
fig. 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 for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Nani on recorded deed:
USDA Forest Service
2b. Deed book and page no.:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2c. Contact Person:
James Melonas
2d. Address
Street Address
160 Zillicoa Street
Address Line 2
City
State / Province / Region
Asheville
NC
Postal / Zip Code
Country
28801
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Brady Dodd
3b. Business Name:
3c. Address
Street Address
160 Zillicoa Street
Address Line 2
City
Asheville
Postal / Zip Code
28801
3d. Telephone Number:
[phone]
3f. Email Address:
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Waynesville, NC
2. Project Identification
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
2a. Property Identification Number: 2b. Property size:
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:
Cold Springs Creek
3b. Water Resources Classification of nearest receiving water:
Class C, Trout
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.
060101060305
4. Project Description and History
a

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:*
Cold Springs Creek is a major headwater tributary to the Pigeon River in the French Broad River Basin. Cold Springs Creek drains a forested landscape managed by the US Forest
Service and is classified by the state as Class C, occupied by and managed for trout. A road and trail network accesses the drainage, and the area is managed for timber and is used
heavily by recreationists. The Cold Springs Creek stream channel and floodplain/terraces appear to have been modified by past human management within these project stream reaches.
This reach has evidence of historic logging, farming, development and subsequent channel relocation and damage. The channel is slightly entrenched, and there are sections of excessive
streambank instability and erosion. The most upstream section of this reach is adjacent to the picnic area where the floodplain has been leveled and the channel confined. Downstream the
channel is entrenched, and the frequency of floodplain access has decreased from natural, resulting in lateral channel adjustment and bank erosion. These conditions exist downstream to
the beaver ponds, a reach of about 0.35 miles. The current elevated rates of erosion will likely continue unless stream rehabilitation work is conducted. Fall Branch is a tributary to Cold
Springs Creek. The Fall Branch stream channel has been disturbed and channelized by past management in the area. The channel is mostly stable, but there are several sections of
elevated channel instability and erosion in this 0.31-mile reach. Additionally, there is an old road crossing of timbers covered with soil that has plugged and is a high risk of failure and a
resulting large source of sediment to the downstream channel.
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:
52,000 at least
4h. Explain the purpose of the proposed project:
Within these stream reaches of Flat Branch and Cold Springs Creek work is proposed to meet the following goals: restore floodplain connectivity, stabilize erosion and sources of
sedimentation, and improve aquatic habitat diversity. The channel's natural dimension, pattern, and profile would be maintained or reestablished in the construction reaches using
reference data to establish a more stable stream channel with high quality aquatic habitat.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
Natural channel design techniques will be central to the rehabilitation of these channels. Work would involve the construction of instream structures within the existing stream channel,
such as log vanes and debris jams. In addition, work would restore floodplain access and old logging damage to meet project goals. Logs and woody debris will come from the surrounding
area, harvested by the tracked excavator, and disturbed ground will be sown with native seed, mulched, and planted with woody species of native vegetation during the plant dormancy.
Disturbed streambanks will be seeded, covered with Coir matting, and planted with live stakes.
Additionally, aquatic organism passage (AOP) will be restored at two stream crossing by replacing culverts with natural -bottomed fords on the Forest Service Road #3526. The existing
gate will need to be moved closer to the horse camp to close off these crossings from frequent use.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No
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
O 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?
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.Typeof 3g. S. width 3h. Impact
M urisdiction* length*
J

S1
Stream Restoration
Permanent
Fill
Cold Springs Creek
Perennial
Both _]
29
500
Average (feet)
(linear feet)
S2
Stream Restoration
Permanent
Excavation
Cold Springs Creek
Perennial
Both
29
500
Averege (feet)
(linear feet)
S3
Stream Restoration
Permanent
Fill
Flat Branch
Perennial
Both
15
550
Averege (feet)
(linear feet)
S4
Stream Restoration
Permanent
Excavation
Flat Branch
Perennial
Both
15
550
Average (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts:
2,100
3i. Total stream and ditch impacts:
2100
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Construction would temporarily increase turbidity and sediment deposition downstream of the site. Potential adverse impacts would be avoided by
minimizing excessive excavation, adhering to the State turbidity standard, and working in the dry when practical. Work is expected to be completed over
a two -week period. AOP projects will have pump -around operations established and maintained during construction.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
A. Minimize the area and degree of soil disturbance that reduces infiltration capacity and permeability and destroys protective forest floor and ground
cover.
B. All hazardous materials will be stored outside of flood -prone areas and surrounded with sediment fence to reduce the risk of materials reaching the
river.
C. Work activities would not be scheduled on rainy days.
D. Heavy Equipment Operation.
1. All equipment shall be cleaned before entering the project area and stream, so as to reduce the risk of fine-grained sediment and oils and grease from
entering the stream. This would also reduce the risk of invasive weed spread onto the Forest.
2. Do not operate on wet soils when they are most susceptible to damage and erosion.
3. Operate heavy equipment on slopes less than 12 percent so as to reduce the risk of soil erosion. Avoid operating heavy equipment on over -hanging
stream banks.
4. Move large woody debris in a manner that minimizes disturbance of the forest floor, exposure of mineral soil, or degradation of stream bank stability.
E. Install sediment fence to trap potential sediment. Stabilize any disturbed area at the end of each workday.
F. Re -vegetate exposed soils as soon as possible to take advantage of the loose soil conditions for seeding.
1. Exposed soil will be covered with straw mulch or erosion control matting at the end of the project. Matting will be secured in place with stakes and live
stakes where conditions allow.
2. Temporary seeding will occur on all bare soil within five days of ground disturbing activities to provide long-term erosion control.
3. Stabilize channel banks with a native seed mix as work is completed.
G. Do not move sediment trap devices until the vegetation in the disturbed areas has been established.
H. During on -going operations inspect the site frequently; inspect occasionally during inactive periods.
1. Check for potentially damaging or failing situations that may cause unacceptable water quality impacts.
2. Correct failing situations as soon as practical.
I. Conduct visual inspections of Cold Springs Greek/Flat Branch while the work is being conducted to maintain acceptable turbidity levels.
Use a skilled heavy equipment operator, trained in stream restoration and construction of in -stream structures. Instruct the operator to minimize
disturbance to the streambed.
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:
This is a stream rehabilitation project.
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:
Not an identified protected buffer.
2. Stormwater Management Plan
Q
u
0

2a. Is this a NC DOT 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
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes No
1b. 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
1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?
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.
No development is proposed by this stream rehabilitation project.
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 No Unknown
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
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?
Critical Habitat for Threatened & Endangered Species [USFWS] map viewer
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?
www.habitat.noaa.gov/apps/efhmapper/
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?
Conclusion is based on past and present Section 106- National Historic Preservation Act (NHPA) compliant inventory and evaluation (by archaeologists)
of all proposed project areas and the subsequent completion of a Report -of -Findings, reviewed by the State Historic Preservation Office (SHPO).
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8c. What source(s) did you use to make the floodplain determination?
NC Floodplain Mapping Information System http://floodmaps.nc.gov/FMIS/
Miscellaneous
L
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
ColdSpringsCrk_StrmRehab_2023_Project Description_PERMIT.pdf 2AMB
ColdSpringsCrk_StrmRehab_Specification_PERMIT.pdf 755.18KB
Dodd Delegation of Authority Section 404_2022.pdf 105.32KB
Twelve Mile Final Decision_signed.pdf 1.67MB
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:
Brady N. Dodd
Signature
�'rady�a�afd
Date
4/17/2023
O