20230808 Ver 1_ePCN Application_20230606

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:
4/26/2023
BIMS # Assigned
20230808
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:
SCC Watershed Site 5: South Fork Mitchell River
la. Who is the Primary Contact?*
Jennings Environmental, PLLC, David Brown
1b. Primary Contact Email:
[e-mail]
Date Submitted
6/6/2023
Nearest Body of Water
South Fork Mitchell River
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude:
36.35262
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Surry
Is this a NCDMS Project
Yes No
Longitude:
-80.85026
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: 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
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:
Phillip and Phyllis Harris
2b. Deed book and page no.:
2c. Contact Person:

2d. Address
Street Address
119 Thurmont Place
Address Line 2
City
State Road
Postal / Zip Code
28676
2e. Telephone Number:
[phone]
2g. Email Address:"
[e-mail]
2a. Name(s) on recorded deed:
Phillip and Kara Ratley
2b. Deed book and page no.:
2c. Contact Person:
2d.Address
Street Address
1241 Mountian Park Road
Address Line 2
City
State Road
Postal / Zip Code
28676
2e. Telephone Number:
[phone]
2g. Email Address:'
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Chris Knopf, County Manager
3b. Business Name:
Surry County
3c. Address
Street Address
P.O. Box 1467
Address Line 2
city
Dodson
Postal / Zip Code
27017
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
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:

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. Proiect Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality I town:
State Road
2. Project Identification
2a. Property Identification Number:
Parcel IDs 4955 0040 7758 and 4955 0052
3018
2c. Project Address
Street Address
East of Mountain Park Road bridge over South Fork Mitchell River
Address Line 2
city
State Road
Postal / Zip Code
28676
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
South Fork Mitchell River
3b. Water Resources Classification of nearest receiving water:'
C
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
Upper Yadkin 03040101
4. Project Description and History
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
Site is 0.57 acre portion of larger 94 acre tract
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: *
The site is a forested portion of agricultural land. The land use in the vicinity of the property is rural residential, agricultural, and undeveloped forested tracts. The project site consists of an
approximate 0.57-acre riparian corridor along the South Mitchell River from the bridge over the river on Mountian Park Road downstream for 350 feet. The existing stream banks at the
project site are incised, eroding, and undercut. The drainage area at the project site is approximately 21 square miles. See attached existing conditions photographs and
USGSStreamStats 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:
None
4g. List the total estimated linear feet of all existing streams on the property:
474
4h. Explain the purpose of the proposed project:
The objectives of the restoration activities is to stabilize stream banks and channel, establish native riparian buffers, construct flood benches, reconnect the stream with the floodplain,
restore aquatic habitat, and to prevent additional soil loss to downstream surface waters. 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: *
South Fork Mitchell River will be restored using natural channel and bank design techniques. The work will provide a more sustainable riparian ecosystem with natural buffers. Channel
dimension, pattern, and profile will be constructed to a tolerable morphology and held in place with multiple in -stream and bank structures.The channel will be stabilized with constructed
riffles, boulder and/or log steps, boulder and/or log vanes. The historical adjacent floodplain areas along the river will be improved and restored by constructing low benches and removing
man-made berms.
A minimum 25-ft native herbaceous and woody buffer will be planted in the 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 O Unknown
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 determine proposed impacts to these aquatic features. Jennings Environmental is not
requesting the Corps make a jurisdiction determination of the aquatic features 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:
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
ta. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
n
0
❑
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
gf
Stream Restoration
Permanent
Other
South Fork Mitchell Rif:1ff::]
Corps
t;;J�:]
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
214
31. Total stream and ditch impacts:
214
3j. Comments:
E. Impact Justification and Mitigation
31. Total temporary stream impacts:
0
O
1. Avoidance and Minimization

la. 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:
Due to the size of the watershed, it will not be feasible to pump/pipe around the stream
base flow for all the project work. The contractor shall use gravel and cobble to create a
berm that diverts flows around active work areas to minimize interaction of stream flows
with areas being disturbed by earth and construction activities. Also, 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. The project will not require review
and approval of an erosion and sediment control plan.
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 stream reach to replace the degraded and
unstable stream reach. 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
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 project is located in the Yadkin 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:
Stream restoration project. No impervious area(s) are proposed as part of this project.
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: *
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.
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 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.
The project is not located near any known occurrences of hibernacula or maternity roost
sites for listed bat species. Onsite evaluations 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 (Myotis septentrionalis) and gray bat (Myotis grisescens). 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 bat
species that may be present at the site will migrate to forested areas in the vicinity.
The stream restoration activities will remove 0.1 acres of 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
listed species. This project is expected to result in indirect positive benefits to listed bat
species. The direct effects of this action to bat species are believed to be discountable
and the long term and cumulative effects of this action will be beneficial.
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 Surry County for review and approval.
8c. What source(s) did you use to make the floodplain determination?
NCFRIS
Miscellaneous CAS
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
1.03MB
1118_SITE_5_S_FORK_MITCHELL_RIVER _PRELI M_DESIGN_21 APR2023. pdf
6.27MB
IPaC_ List.pdf
538.19KB
Parcel 3018.pdf
487.61 KB
Parcel 7758.pdf
486.81 KB
Signed Agent Authorization. pdf
132.51 KB
Site Photos & Figures.pdf
6.61MB
Soil Map.pdf
472.21KB
StreamStats.pdf
284.38KB
File must be PDF or KMZ
Comments
Jennings Environmental is requesting a waiver of the work in the dry condition from DWR since the drainage
area is greater than 3 square miles. See Section E, Part 1b above.
Supporting Attachments:
Agent Authorization Form
Permit Design Drawings/Plans
Site Photographs and Figures
USGS StreamStats
Soil Map
401 Pre -filing Meeting Request
Parcel Maps
USFWSIPaC
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
6/6/2023
O