20230569 Ver 1_ePCN Application_20230418

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:
11/15/2022
BIMS # Assigned
20230569
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:
Besancon Property Pleasant Grove Road Floodplain Restoration
1a. Who is the Primary Contact?*
Jennings Environmental, PLLC, David Brown
1b. Primary Contact Email:
[e-mail]
Date Submitted
4/18/2023
Nearest Body of Water
French Broad River & UT French Broad River
Basin
French Broad
Water Classification
C
Site Coordinates
Latitude:
35.30064
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Henderson
Is this a NCDMS Project
Yes No
Longitude:
-82.61408
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Moore:[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:
Bruce & Kathryn Besancon
2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
4029 Little River Road
Address Line 2
City
Hendersonville
Postal / Zip Code
28739
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
David Lee
3b. Business Name:
Conserving Carolina
3c.Address
Street Address
847 Case Street
Address Line 2
City
Hendersonville
Postal / Zip Code
28792
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
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Etowah
2. Project Identification
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2a. Property Identification Number: 2b. Property size:
PIN 9528-13-9941 20.41

2c. Project Address
Street Address
North of intersection of Pleasant Grove Road & Justus View Drive
Address Line 2
City
State / Province / Region
Etowah
NC
Postal / Zip Code
Country
28729
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
French Broad River& UT French Broad River
3b. Water Resources Classification of nearest receiving water: *
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
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. It was in row crop production in 2019 and 2021. The land use in the vicinity of the property is rural residential, agricultural, and undeveloped forested
tracts. The project site is currently comprised of agricultural fields and a sparsely wooded riparian buffer along the French Broad River and UT. The majority of the site has been previously
cleared, drained and has been used for growing row crops for decades. The existing stream banks at the project site are incised, eroding, and undercut. The drainage area of the UT at the
project site is approximately 0.14 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:
0.137
4g. List the total estimated linear feet of all existing streams on the property:
2,283
4h. Explain the purpose of the proposed project:
The objectives of the restoration activities is to restore floodplain wetlands and aquatic habitat. This will improve the natural ecology of streams, wetlands, and buffers at the project site.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The historical adjacent floodplain areas along the French Broad River and the UT will be improved and restored by restoring floodplain wetlands and removing or breaching man-made
berms. The project includes a fish habitat zone. This zone is a constructed backwater slough which will provide a connection between the French Broad River to its historical floodplain and
provide breeding habitat for muskie. Bank grading along the French Broad River will be above the ordinary high water mark, except for the grading needed to construct the slough.
A native herbaceous and woody buffer will be planted in the disturbed riparian areas to promote long-term stability, soil strength, and water quality benefits. Mature native trees along the
stream banks will be preserved, when feasible. 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
No
Comments:
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 to determine impacts to these aquatic features. There are 0.137-ac of wetlands within
the project area (35.30034,-82.61323). UT French Broad River is a perennial stream with 845 If of
channel in the project area, located at 35.30031, 82.61181. The French Broad River at the site runs
1,438 If along the north boundary, located at 35.30157,-82.61433. Also, there is a mosaic of 2.195-ac
of prior converted cropland at the site. Jennings Environmental is not requesting the Corps to make a
jurisdictional determination of the aquatic features in the project area. The location of waters are
shown on the attached stream and wetland map.
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?
O Unknown

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
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
V
Reason M
r
2b. Impact type*(?)
2c. Type of W.
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
?)
2g. Impact
area *
ff77771r.storation
��P
NON-NCWAM TYPES
[IV,
ff_7�1
orps 14L]
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.137
2g. Total Wetland Impact
0.137
2i. Comments:
W1 is a ditched wetland. The restoration activities will include raising the bottom elevation of the ditch, layback the banks, and install a earth plug at the
ditch outlet with the UT.
3. Stream Impacts
❑
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
M
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
Sf
Fish habitat slough
Permanent
Other
French Broad River
Perennial
Corps
120
nverege (feet)
50
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 31. Total temporary stream impacts:
50 0
3i. Total stream and ditch impacts:
50
3j. Comments:
50 If of the French Broad River will be impacted below the OHWM to provide a inlet for a 0.27-ac (wetted area) backwater fish habitat slough.
E. Impact Justification and Mitigation O
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
As this project is an aquatic restoration 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.

1b. 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 channels. Ground/soil disturbance will be minimized to the extent possible.
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. An erosion and sediment control plan will be
submitted to NC DEMLR for review and approval prior to construction.
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 construct a more natural functioning floodplain, restore wetlands, and construct fish habitat. 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
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 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:
Aquatic habitat and floodplain restoration project. No impervious area(s) are proposed as part of this project.
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
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.
u
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 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?
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 habitat 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, except for northern long-eared bat (Myotis septentrionalis) and gray bat (Myotis grisescens). The project is not located near any known
occurrences of hibernacula or maternity roost sites for these listed bat species. Onsite evaluations conducted in November 2022 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. The forested areas of the project site could be used for roosting and/or foraging by northern long-eared bat and gray bat. Listed bat species
naturally avoid areas where habitat disturbance activities (elevated noise, tree removal, etc.) are taking place. There are forested parcels adjacent to the
project site. It is expected any listed species that may be present at the site will migrate to forested areas in the vicinity.
The restoration activities will remove approximately 5 trees greater than 3-inch dbh within the riparian corridor. Trees will only be removed if it hinders the
restoration objectives. Where possible large native trees within the riparian buffer will not be cut. Also, trees that contain dead wood and deep crevices
will be avoided when feasible. The stream buffer area will be replanted with native herbaceous, shrub, and tree species.
There will be a minor short term disturbance to the wildlife habitats within the project area. However, the project will not destroy or negatively modify the
roosting and foraging habitat of the listed bats species. Long term this habitat should be improved by the stream restoration actions. Thus, the proposed
project should benefit or aid in the recovery of bat species. This project is expected to result in indirect positive benefits to listed bat species. The direct
effects of this action to the listed bat species are believed to be discountable and the long term and cumulative effects of this action will be beneficial.
Although use of heavy equipment will be required, no extreme percussive activities (blasting, pile -driving, etc.) will be conducted. Other activities that
produce noise or vibrations are expected to be short-term and would not exceed background conditions (e.g., thunderstorm and daily human activity that
bats are frequently exposed to when present on the landscape).
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:
A no -rise certification has been submitted to Henderson County for review and approval.
8c. What source(s) did you use to make the floodplain determination?*
NCFRIS
Miscellaneous
n
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
1.02MB
Besancon - Authorization letter 12-14.pdf
510.78KB
Besancon Permit Drawings 2023-04-17.pdf
6.06MB
Besancon Property IPaC Species List.pdf
863.56KB
Besancon Property Pleasant Grove Road Floodplain Restoration Photos & Figures.pdf
14.45MB
Besancon Stream and Wetland Map.pdf
1.38MB
Parcel Report.pdf
2.14MB
Pleasant Grove Besancon Floodplain Restoration Soil Map.pdf
705.86KB
StreamStats Besancon 0.14 sgmi.pdf
431
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 Maps
USFWS IPaC
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:
David Brown
Signature
Date
4/18/2023
8