20230655 Ver 1_ePCN Application_20230503

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:
9/8/2022
BIMS # Assigned
20230655
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:
Silver Fox Trout Farm Intake
1a. Who is the Primary Contact?*
Adam Tripp
1b. Primary Contact Email: *
[e-mail]
Date Submitted
5/3/2023
Nearest Body of Water
Sliding Knob Branch C;Tr,ORW
Basin
French Broad
Water Classification
Spring Creek C;Tr,ORW
Site Coordinates
Latitude: Longitude:
35.72149132023861-82.85462737083436
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Madison
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Moore:[e-mail]
1c. Primary Contact Phone: *
[phone]
a

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
Please provide the date of the previous submission.
9/8/2022
1b. What types) 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:
NWP Numbers (for multiple NWPS):
7 - Ouffall Structures/ Intake
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
fig. 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. Nari on recorded deed:
Duane D Davis and Katherine A Davis
2b. Deed book and page no.:
288/653
2c. Contact Person:
2d. Address
Street Address
987 Howard Moore Road
Address Line 2
City
State / Province / Region
Hot Springs
NC
Postal/Zip Code
Country
28743
United States

2e. Telephone Number:
[phone]
2g. Email Address:
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Adam Tripp
3b. Business Name:
Headwater Environmental
3c.Address
Street Address
30 Westgate Parkway #356
Address Line 2
City
Asheville
Postal / Zip Code
28806
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Adam Tripp
4b. Business Name:
Headwater Environmental
4c.Address
Street Address
30 Westgate Parkway #356
Address Line 2
city
Asheville
Postal / Zip Code
28806
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:
Hot Springs
2. Project Identification
2a. Property Identification Number:
8754604233
2f. Fax Number:
State / Province / Region
NC
Country
United States
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
20.34

2c. Project Address
Street Address
987 Howard Moore Road
Address Line 2
City
Hot Springs
Postal / Zip Code
28743
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Sliding Knob Branch C;Tr,ORW
3b. Water Resources Classification of nearest receiving water:
Spring Creek C;Tr,ORW
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.
060101051203
4. Project Description and History
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: *
Sliding Knob Branch (aka Bearwallow Branch) runs through the property for approximately 0.24 miles. A trout farm is present on -Site and the raceways and ponds are located to the west
of the stream. There are two privately -owned homes on the land, as well as a trout hatchery and a barn. The hatchery is used to incubate the eggs. Once the trout are of age, they are
moved from the hatchery to one of the five raceways. Most of the trout in the raceways are sold to processing companies or to others in need of
live trout. The trout that are not purchased from the raceways are moved to one of the three ponds on the
property. The trout in the ponds are eventually sold to businesses in need for large live trout. Water from
Sliding Knob Branch supplies the raceways, then the water flows through the three ponds, then the water
discharges to Sliding Knob Branch
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:
A wetland delineation has not been performed, but wetlands were not observed to be present in the
project area.
4g. List the total estimated linear feet of all existing streams on the property:
1,200 to 1,300 feet of Sliding Knob Branch. Minor tributaries are shown on the USGS map, but have
not been field mapped.
4h. Explain the purpose of the proposed project: *
The raceways and ponds and intake and discharge were engineered and built by the previous owner of the property approximately 30 years ago. Flooding in 2021 had damaged the
previous intake that had diverted water from Sliding Knob Branch. The current owner re -constructed the intake. The purpose of this project is to obtain an after -the -fact permit for the intake
which will include minimum flow requirements to be maintained in Sliding Knob Branch and and associated method to measure that minimum flow.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The new intake was previously constructed and Headwater understands construction was performed using hand tools and some assistance from a back hoe. Headwater understands that
concrete was used in the construction but that water flow had been diverted to prevent contact between wet concrete and the stream.
In order to maintain a measurable minimum flow in Sliding Knob Brach between the intake and discharge of the trout farm, a rectangular weir will be installed in the creek bed adjacent to
the intake structure. The weir will be installed using hand tools (shovel, pick axe, etc.) and will require the removal of boulders, cobble, and sand from an area of the creek measuring
approximately 6 feet wide by 1 to 2 feet deep by 3 feet long. Some minor sediment displacement is expected during installation. However, the bedform was observed to contain mostly
cobble and larger sized stone, so downstream sedimentation is not expected to occur except for a few feet from the work area. Further, a diversion tube will be used to divert most of the
stream flow around the work area.
Following installation, water will be channeled through the weir in order to maintain mimimum flow requirements as outlined in the attached documents. The presence of the weir will result
in a drop from the upstream pool to the stream below the weir. The height of the drop will be minimized by designing the weir to match low flow requirements in order to minimize any affect
to aquatic life passage.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
No
Comments:
The project area is limited to a small section of a known stream so delineation is not necessary.
Wetlands were not observed in the project area.
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
O Unknown
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
f a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries O Buffers
Open Waters Pond Construction
3. Stream Impacts
❑
gf
3a. Reason for impact (?)
Trout farm intake
3b.lmpact type"
Permanent
3c. Type of impact*
Other
3d. S. name*
Sliding Knob Branch
3e. Stream Type*
(?)
Perennial
3f. Type of
Jurisdiction*
Both
3g. S. width
10
Averege (feet)
3h. Impact
Ilength*
(linear feet)
S2
Trout farm intake
Temporary
Dewatering
Sliding Knob Branch
Perennial
Both
10
Averege (feet)
20
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
5
3i. Total stream and ditch impacts:
25
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
20
fa. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Through coordination with the DEQ and NCWRC minimum flow requirements for the stream will be maintained to minimize impact to the section of the
stream between the intake and discharge. In order to maintain minimum flow, the trout farm will use alternative water sources, such as groundwater, or
will temporarily cease operation during periods when there is insufficient flow in the stream to support the trout farm.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The area of stream to be excavated for weir installation is relatively small and will be performed by hand so that resulting sedimentation will be
minimized and the area of stream bed disturbed will also be minimized. The weir will be designed to minimize the drop between the upstream pool and
stream downstream of the weir. Specifically, a rectangular weir is proposed which results in a lower head than a V-notch weir for the applicable flow
amounts.
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 linear feet / area of impacted stream is below mitigation thresholds.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
0
V
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:
The Site is not located within an NC Riparian Buffer Program area
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:
The project is not a development
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
2b Provide an explanation of the violation(s):
The property owner was issued a violation for diverting the stream when the new intake was constructed. This permit application attempts to address the
violation.
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 additional construction is anticipated.
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
What Federal Agency is involved?
USACE
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?
IPAC lists species for the project area, none of which are aquatic. Given the limited impact to the stream and project in general this project is not
expected to result in a take of threatened or endangered 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?
NOAA Fisheries and USACE websites
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?"
North Carolina Natural Heritage Database Review, May 3, 2023
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?"
FEMA Interactive Flood Map
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
A22-175_SilverFoxTrout PermitCoverLetter.pdf 2.5MB
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:
Adam Tripp
Signature
Date
5/3/2023
O