20230566 Ver 1_ePCN Application_20230418

DW R
DHlsloo 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:
10/31/2022
BIMS # Assigned
20230566
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
1a. Name of project:
Bethel Park Stream Restoration Project
1a. Who is the Primary Contact?*
Win Taylor
1b. Primary Contact Email: *
[e-mail]
Date Submitted
4/18/2023
Nearest Body of Water
East Prong Hunting Creek
Basin
Catawba
Water Classification
WS-Iv
Site Coordinates
Latitude:
35.738437
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Burke
Is this a NCDMS Project
Yes No
Longitude:
-81.660148
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Joey Winston:Joey.Winston@ncdencgov
1c. Primary Contact Phone:*
[phone]
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: 27 - Restoration
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular 401 Water Quality Certification - Express
Non-404 Jurisdictional General Permit Riparian Buffer Authorization
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: Yes No
For the record only for Corps Permit: Yes No
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:
City of Morganton
2b. Deed book and page no.:
518/430
2c. Contact Person:
Rob Winkler
2d.Address
Street Address
305 E. Union Street Suite A100
Address Line 2
City
State / Province / Region
Morganton
NC
Postal / Zip Code
Country
28655
us

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
EWT 25 LLC
2b. Deed book and page no.:
2053/568
2c. Contact Person:
Myles Tarbell
2d.Address
Street Address
99 Fisherville Road
Address Line 2
city
Concord
Postal / Zip Code
03303
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Win Taylor
3b. Business Name:
Wildlands Engineering Inc
3c.Address
Street Address
497 Bramson Court Suite 104
Address Line 2
city
Mt. Pleasant
Postal / Zip Code
29464
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Win Taylor
4b. Business Name:
Wildlands Engineering Inc.
4c.Address
Street Address
497 Bramson Court Suite 104
Address Line 2
City
Mt. Pleasant
Postal / Zip Code
29464
4d. Telephone Number:
[phone]
0. Email Address:*
[e-mail]
2f. Fax Number:
State / Province / Region
NH
Country
USA
2f. Fax Number:
State / Province / Region
SC
Country
USA
3e. Fax Number:
State / Province / Region
SC
Country
USA
4e. Fax Number:

C. Project Information and Prior Project History
0
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Morganton
2. Project Identification
2a. Property Identification Number:
2713047373
2c. Project Address
Street Address
600 Bethel Road
Address Line 2
City
Morganton
Postal / Zip Code
28655
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
East Prong Hunting Creek
3b. Water Resources Classification of nearest receiving water:"
WS-Iv
3c. What river basins) is your project located in?"
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501010608
4. Project Description and History
2b. Property size:
34 ac (assessment area)
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:"
Bethel Park (Park) is an approximate 15-acre park located within the eastern portion of the City of Morganton. The Park provides direct recreational opportunities to adjacent
neighborhoods and is one of the most frequented parks within the City. The perennial streams of East Prong Hunting Creek and Fiddlers Run are within the Park, to the east and west,
respectively. Fiddlers Run confluences with East Prong Hunting Creek at the downstream extent of the Park. Under normal rainfall conditions, flooding reduces the recreational use of the
various amenities within the Park. Sediment deposition and standing water adversely impact access and use of the existing walking trail, limit usage of the existing dog park and facilitate
the growth of nuisance vectors (mosquitoes) within the Park. Additionally, the Park has limited conveyance capacity, which results in large amounts of standing water for extended periods
of time after rainfall events. This limits the City's ability to maintain the grounds, resulting in excessive vegetation growth, a reduction in the usability of the Park's amenities and an
impairment to the aesthetic qualities of the Park. The City has obtained grant funding from multiple sources (Golden Leaf, NCDWR WRDG, NC EEG, and NC LWF) to implement the
stream restoration project and associated Park restoration plan.
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:
0.893
4g. List the total estimated linear feet of all existing streams on the property:
3,386
4h. Explain the purpose of the proposed project:
The proposed project will address the bank erosion, sediment load, water quality, and nuisance flooding issues on -site by restoring East Prong Hunting Creek and Fiddlers Run at a lower
floodplain elevation and developing riparian buffers for both project streams. Additionally, bioretention swales will be constructed through Bethel Park to convey and treat overbank and
stormwater flows.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The proposed project involves stream restoration for East Prong Hunting Creek and Fiddlers Run adjacent to Bethel Park, establishing a riparian buffer with an average buffer width of
approximately 50 feet, constructing approximately 3 acres of bioretention swales through the Park, replacing existing foot bridges, redesigning an existing culvert, and relocating an
existing dog park away from the stream.
Impacts to streams and wetlands will occur as a result of the restoration project. However, the restored streams and bioretention features are expected to result in an overall ecological
uplift to the currently degraded resources.
Excavators will be utilized for channel and floodplain excavation and bank grading. Articulated and track trucks will be used for hauling soil and other construction materials such as woody
debris. Additional small equipment such as mini excavators and skid steers may also be used during construction.
5. Jurisdictional Determinations

5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No 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:
SAW-2022-02311
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Win Taylor
Agency/Consultant Company: Wildlands Engineering
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Corps 1/25/2023
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?
No other permits required.
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
2. Wetland Impacts
n
r
2a1 Reason (?)
2b. Impact type * (?)
2c. Type of W. *
2d. W. name
2e. Forested *
2f. Type of Jurisdicition *
?)
�2g. Impact
area *
ff:7]
Floodplain grading
P
Bottomland Hardwood Forest
and B
Yes
Both
0.013
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.013
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.013
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
Stream Type*
3f. Type of
3g. S. width
3h. Impact
❑
��3e.
(?)
Jurisdiction*
length*
g1
Stream restoration
Permanent
Relocation
East Prong Hunting Creek
Perennial
Both
2,093
Average (feet)
(linear feet)
S2
Stream restoration
Permanent
Relocation
Fiddlers Run
Perennial
Both
1,293
Average (feet)
(linear feet)
S3
Flood lain bench excavation
p
Permanent
Excavation
Ditch 1
Jurisdidional Ditch
Corps3
82
Aveage (feet)
(linear feet)
S4
Floodplain bench excavation
Permanent
Excavation
Ditch 2
Jurisdictional Ditch
Corps
128
Average (feet)
(linear feet)
S5
Bioretention grading
Permanent
Excavation
Swale 1
Jurisdictional Ditch
Corps
442
Average (feet)
(linear feet)

3i. Total jurisdictional ditch impact in square feet:
1,828
3i. Total permanent stream impacts:
4,038
3i. Total stream and ditch impacts:
655
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
0
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Stream restoration activities include the relocation and stabilization of impaired resources. The proposed activities are based on natural channel design
principals given the existing constraints and resources and the overall project is expected to result in an ecological uplift. Avoidance and minimization
measures were implement to the extent practical given the design needs associated with the project goals.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Stream restoration will involve construction of offline channel sections which will minimize sedimentation to aquatic systems during construction. Newly
constructed channel banks will be stabilized using biodegradable coir fiber matting and seeded and planted with native species. Wetland areas inside
the limits of disturbance will be flagged with safety fencing during construction to avoid unintended impacts. This will be denoted on the final construction
plans erosion and sediment control sheets, details, and specifications. Construction practices will follow guidelines from the NC Erosion and Sediment
Control Planning and Design Manual.
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 purpose is to restore on site degraded streams, restore a native stream buffer, and to promote floodplain capacity within an excavated floodplain. The proposed restoration
activities are expected to result in an overall ecological uplift while also supporting the use of the Park.
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:
The project is not located within one of the NC Riparian Buffer Protection areas. All Stormwater control measures during construction will be designed in accordance the the NC
Stormwater Design Manual.
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
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
Comments:'
Correspondence from NC Wildlife Resources Commission, NC Department of Natural and Cultural Resources, and USFWS is uploaded within the
miscellaneous section below. Additional field visits will occur to provide further documentation on the presence/absence of potential plant species.
O
a
n

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.
This is a stream restoration project and will not cause an increase in development nor will it negatively impact downstream water quality. The property
adjacent to the stream restoration activities is currently a public park and will continue to be maintained as a park.
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
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
5g(1). If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.?
Yes No
If you answered "Yes" to 5g(1), did you discover any signs of bat use?
Yes No Unknown
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?
USFWS IPaC planning tool and direct coordination with USFWS staff. Additional field visits will be conducted during the flowering season to determine
presence/absence of the potential listed plant species.
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?
USFWS IPaC planning tool and direct coordination with USFWS staff.
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?
Letter sent to the NC Department of Natural and Cultural Resources and corresponding response indicating their review and concurrence of no know
historic resources.

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:
A CLOMR will be developed and submitted to document changes within the floodway associated with the restoration project.
8c. What source(s) did you use to make the floodplain determination?"
Both East Prong Hunting Creek and Fiddlers Run are within Zone AE. The site location is included on the Burke County Flood Insurance Rate Map
Panel 3710271300j effective on 9/5/2007.
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
NCSHPO Correspondence. pdf
149.2KB
BethelParkStreamRestoration_Burke_NCWRCComments.pdf
207.36KB
Re_ [EXTERNAL] FW_ City of Morganton Bethel Park Stream Restoration Project T&E review.pdf
160.05KB
PJD Concurrence Package SAW 2022-02311 Bethel Park Stream Restoration Project Site.pdf
6.04MB
AquaticResource_ImpactMap.pdf
3AMB
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:
Winthrop Taylor
Signature
�.rbFtgo �Jlot
Date
4/18/2023
O