20230640 Ver 1_ePCN Application_20230501

i 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:
3/28/2023
BIMS # Assigned
20230640
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
la. Name of project:
Hyder Project
1a. Who is the Primary Contact?*
Glen Sullivan
1b. Primary Contact Email: *
[e-mail]
Date Submitted
5/1/2023
Nearest Body of Water
South Fork New River
Basin
New
Water Classification
B;ORW
Site Coordinates
Latitude:
36.530728
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Allegheny
Is this a NCDMS Project
Yes No
Longitude:
-81.339846
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Seren Homer:[e-mail]
1c. Primary Contact Phone: *
[phone]
O

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: 13 - Bank Stabilization
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
401 Water Quality Certification - Express
Riparian Buffer Authorization
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 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:
Charles P. Hyder and wife Susan S. Hyder, Larry Gary Kallam and wife Sharon S. Kallam
2b. Deed book and page no.:
144 Pg: 231
2c. Contact Person:
Charles P. Hyder

2d. Address
Street Address
1030 14th Ave. Drive NW
Address Line 2
City
Hickory
Postal / Zip Code
28601
2e. Telephone 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
Creston
Postal / Zip Code
28615
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
RIVER MOUNTAIN ESTATES
1c. Nearest municipality / town:
Piney Creek
2. Project Identification
2a. Property Identification Number:
3012206214
2c. Project Address
Street Address
315 River Mountain Dr.
Address Line 2
city
Piney Creek
Postal / Zip Code
28663
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?
New
State / Province / Region
NC
Country
us
2f. Fax Number:
State / Province / Region
NC
Country
us
4e. Fax Number:
2b. Property size:
0.92
State / Province / Region
NC
Country
us

3d. Please provide the 12-digit HUC in which the project is located.
050500010210
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 southwest of Piney Creek, NC. A sediment deposit on the opposite side of river has directed the thalwag to the bank. The
bank is severely 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:
165 If South Fork 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 1 in -stream structure, 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. One (1) rock vane 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, Corpus 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 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 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
3. Stream Impacts
L
F
S1
3a. Reason for impact (?)
Stabilization
3b.lmpact type*
Permanent
3c. Type of impact*
Bank Stabilization
3d. S. name*
South Fork New River
3e. Stream Type*
?)
Perennial
f. Type of
*
[Juriscliction
Both
3g. S. width
185
Average (feet)
3h. Impact
length*
155
(linear feet)
g2
Rock Vane
Permanent
Bank Stabilization
South Fork New River
-----]
Perennial
Both
h;;J�:]_

3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
165
3i. Total stream and ditch impacts:
165
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:
This project will stabilize 165 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)
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
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
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
O

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 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?
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
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
ocean.floridamarine.org/efh_coral/ims/viewer.htm
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
FoggyMtnAuthorization.pdf
30.34KB
hyper.pdf
212.82KB
pics.pdf
288.1 KB
Site Plan-converted.pdf
188.88KB
topo1 (8).pdf
3.31MB
topo2 (12).pdf
174.78KB
File must be PDF or KMZ

Comments
Signature
p 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
Date
5/1/2023
0