20230689 Ver 1_ePCN Application_20230510

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:
1/16/2023
BIMS # Assigned
20230689
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:
Bryson City Island Park
1a. Who is the Primary Contact? *
Wildlands Engineering (POC: Jake McLean)
1b. Primary Contact Email:
[e-mail]
Date Submitted
5/10/2023
Nearest Body of Water
Tuckasegee River
Basin
Little Tennessee
Water Classification
B
Site Coordinates
Latitude:
35.431753
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Swain
Is this a NCDMS Project
Yes No
Longitude:
-83.442033
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 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:
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:
Town of Bryson City
2b. Deed book and page no.:
N/A
2c. Contact Person:
Bryson City Town Office
2d.Address
Street Address
45 Everett St.
Address Line 2
City State / Province / Region
Bryson City NC
Postal / Zip Code Country
28713 us

2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
MountainTrue
3b. Business Name:
3c. Address
Street Address
29 N. Market Street
Address Line 2
Suite 610
City
State / Province / Region
Asheville
NC
Postal / Zip Code
Country
28801
us
3d. Telephone Number: 3e. Fax Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Julie Bernstorf
4b. Business Name:
Wildlands Engineering, Inc
4c.Address
Street Address
167-B Haywood Rd
Address Line 2
City
State / Province / Region
Asheville
NC
Postal / Zip Code
Country
28806
us
4d. Telephone Number: 4e. Fax 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:
Bryson City
2. Project Identification
2a. Property Identification Number: 2b. Property size:
667419713654 4.79
Q

2c. Project Address
Street Address
0 Main St
Address Line 2
City
Bryson City
Postal / Zip Code
28713
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Tuckasegee River
3b. Water Resources Classification of nearest receiving water:
B
3c. What river basin(s) is your project located in?"
Little Tennessee
3d. Please provide the 12-digit HUC in which the project is located.
060102030405
4. Project Description and History
State / Province / Region
NC
Country
US
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: *
Bryson City Island Park is located near downtown Bryson City in Swain County, NC. The park provides pedestrian public access by a gravel footpath located located approximately 10-20
feet from waters edge. The island is wooded with a dense understory of invasive exotic plant species with small openings for public access. Within the project area, stream banks are near
vertical and are actively eroding. In locations, the trail has been moved farther from the water and other trails will need to be moved soon.
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 (No wetlands delineated within assessment area)
4g. List the total estimated linear feet of all existing streams on the property:
2,024
4h. Explain the purpose of the proposed project:"
The Bryson City Island Park Project proposes to address severely eroded banks in three locations on the island. All three locations are contributing sediment to the Tuckaseegee River and
the vertical banks pose a safety risk to the public, where there are walking trails, a boating access, a pedestrian bridge, and a future snorkeling location.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:"
The project proposes stream restoration to approximately 460 linear feet of stream bank. Restoration along the Tuckaseegee River will consist of three areas. Area 1 (SP2) will include
removal of three sections of collapsing wall and stabilizing approximately 105 linear feet of eroding bank. Area 2 (SP3) will stabilize approximately 70 linear feet of eroding bank by grading
existing slope and installing a log vane. Area 3 (SP4) will stabilize approximately 265 linear feet of eroding bank by grading existing bank to stable dimensions and using geolifts. SP1 will
be used for equipment crossing to the island. Excavators will be used for bank grading and structure installation. Small equipment such has skid steers may be used during grading
activities and soil hauling.
Native riparian species will be seeded and planted on newly constructed stream banks and any disturbed areas. See additional planting detail in the construction plans attached.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?"
Yes No O 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
Ga. 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
3a. Reason for impact (?)
3b.lmpact type "
3c. Type of impact'"
��3e.
Stream Type *
3f. Type of
3g. S. width
3h. Impact
❑
�3�name*
(?)
Jurisdiction*
length*
S1
Equipment Ford
Temporary
Other
Tuckaseegee River
Perennial
Both
40
110
Averege (feet)
(linear feet)
S2
Bank Stabilization Wall
Temporary
Bank Stabilization
Tuckaseegee River
Perennial
Both
20
115
Removal
Average (teeq
(linear feet)
S3
Bank Stabilization
Temporary
Bank Stabilization J
Tuckaseegee River
Perennial
Both
10
81
Averege (feet)
(linear feet)
S4
Bank Stabilization
Temporary
Bank Stabilization J
Tuckaseegee River
Perennial
Both
265
Averege (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
0
3i. Total stream and ditch impacts:
571
3i. Total temporary stream impacts:
571
3j. Comments:
Impact widths and lengths for impacts S3 and S4 may be reduced/eliminated if water levels are low.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Restoration activities will impact project resources during construction; however, these activities are designed to have an overall long-term positive
effect. Natural channel design techniques will be used to restore stream function and habitat. Aquatic resources were incorporated in the design phase
to avoid or minimize impacts as feasible.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction practices will follow guideline from the NC Erosion and Sediment Control Planning and Design Manual. Disturbance is limited to the
immediate project area. Some crossing will occur to ferry supplies across, however, it is anticipated that equipment will be staged on the island during
the work and not moved back and forth across the river on a daily basis. Designated haul routes on the island will follow the Town's existing walking
trails to minimize impact. Newly constructed banks or banks that were disturbed will be stabilized using biodegradable coir fiber matting, seeding, and
planted with native riparian species.
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 is seeking to restore stream banks. No permanent impacts are proposed.
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:
There are no buffer protection rules for the Little Tennessee River Basin.
2. Stormwater Management Plan
0
u

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
la. 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: *
This is not a federally funded project therefore NEPA does not apply. Project does not meet SEPA documentation requirements.
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 park and owned by the town of Bryson City.
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?
Species lists were generated through the North Carolina Natural Heritage Program data explorer and the US FWS IPaC websites. Field surveys were
conducted to determine species and suitable habitat presence/absence.

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?'
National Oceanic and Atmospheric Administration Essential Fish Habitat 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?"
North Carolina Natural Heritage Program data explorer as well as asking for review by the State Historic Preservation Office.
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 site is an a designated FEMA AE Zone and we anticipate work will be permitted based on a no rise certification and associated modeling efforts.
Wildlands is applying to the County for a floodplain development permit.
8c. What source(s) did you use to make the floodplain determination?
FEMA Flood Map Service Center. Flood Map Boundary: 3700667400J
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
Submittal Package - Bryson City Island Park.pdf 11.19MB
BCIP - USFWS Attachments.pdf 396.26KB
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:
Julie Bernstorf
Signature
Date
5/10/2023
O