20230894 Ver 1_SCC Watershed Site 4 Big Elkin Creek-City Park PCN_20230620

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Submission Completed
FF 1 DWR....
I Division of WXW ReSour[es
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can
print a copy of the form.
Below is a link to the online help file.
https:Hedocs.deq.nc.gov/WaterResources/O/edoc/624704/PCN%2OHelp%2OFile%202018-1-30.pdf
A. Processing Information
Pre -Filing Meeting Date Request was submitted on: *
4/26/2023
If this is a courtesy copy, please fill in this with the submission date.
Is this project connected with ARPA funding?*
Q Yes G No
County (or Counties) where the project is located: *
Surry
Is this a NCDMS Project*
Yes QQ No
Click Yes, only if NCDMS is the applicant or co -applicant.
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DO NOT CHECK YES, UNLESS YOU ARE DMS OR CO -APPLICANT.
Is this project a public transportation project?*
Yes No
This is any publicly funded by municipal,state or federal funds road, rail, airport transportation project.
la. 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
MILE
1 b. What type(s) of permit(s) do you wish to seek authorization?*
Q Nationwide Permit (NWP)
f-I 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):
13 - Bank Stabilization
List all NW numbers you are applying for not on the drop down list.
1 d. Type(s) of approval sought from the DWR: *
check all that apply
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: Q Yes QQ No
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For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
Yes
Me
QQ Yes Q No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
If so, attach the acceptance letter from mitigation bank or in -lieu fee program.
Q Yes No
Acceptance Letter Attachment
Click the upload button or drag and drop files here to attach document
FILE TYPE MUST BE PDF
1 h. Is the project located in any of NC's twenty coastal counties?*
Yes No
1j. Is the project located in a designated trout watershed?*
v Yes No
Link to trout information: http://www.saw.usace.army.miI/Missions/Regulatory-Permit-Program/Agency-
Coordination/Trout.aspx
B. Applicant Information
la. Who is the Primary Contact?*
Jennings Environmental, PLLC, David Brown
1 b. Primary Contact Email:*
[e-mail]
1 d. Who is applying for the permit?*
Owner
(Check all that apply)
1e. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
1c. Primary Contact Phone:*
(xxx)xxx-xxxx
[phone]
Applicant (other than owner)
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2a. Name(s) on recorded deed:
Town of Elkin
2b. Deed book and page no.:
2c. Contact Person:
(for Corporations)
Brent Cornelison
2d. Address*
Street Address
P.O. Box 857
Address Line 2
City State / Province / Region
Elkin NC
Postal / Zip Code Country
28621 USA
2e. Telephone Number:*
(xxx)xxx-xxxx
[phone]
2f. Fax Number:
(xxx)xxx-xxxx
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:*
Chris Knopf, County Manager
3b. Business Name:
(if applicable)
Surry County
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3c. Address*
Street Address
P.O. Box 1467
Address Line 2
City State / Province / Region
Dobson NC
Postal / Zip Code Country
27017 USA
3d. Telephone Number:*
[phone] 3e. Fax Number:
(xxx)xxx-xxxx (xxx)xxx-xxxx
X Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:*
David Brown, PG
4b. Business Name:
(if applicable)
Jennings Environmental, PLLC
4c. Address*
Street Address
7 Samuel Ashe Drive
Address Line 2
City State / Province / Region
Asheville NC
Postal / Zip Code Country
28805 USA
4d. Telephone Number:*
[phone] 4e. Fax Number:
(xxx)xxx-xxxx (xxx)xxx-xxxx
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4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1a. Name of project:*
SCC Watershed Site 4: Big Elkin Creek - City Park
1 b. Subdivision name:
(if appropriate)
1 c. Nearest municipality / town:*
Elkin
2. Project Identification
2a. Property Identification Number: 2b. Property size:
(tax PIN or parcel ID) (in acres)
Parcel ID 4951 1323 3350 0.6
2c. Project Address
Street Address
Gravel parking area along Elkin Creek NE of the intersection of Elk Spur Street and Memorial Park Drive
Address Line 2
City State / Province / Region
Elkin NC
Postal / Zip Code Country
28621 USA
2d. Site coordinates in decimal degrees
Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS
device) after the decimal place as appropriate, based on how the location was determined. (For example, most mobile
phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal
place.)
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Latitude: * Longitude: *
36.24483-80.85686
ex: 34.208504-77.796371
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Elkin Creek
3b. Water Resources Classification of nearest receiving water:*
C
Surface Water Lookup
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
River Basin Lookup
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 site is parking area for a municipal park. The land use in the vicinity of the property is residential,
commercial, and undeveloped open and forested tracts. The project site consists of an approximate 0.2-acre
riparian corridor along Elkin Creek. The stream has been impacted by urban development adjacent to the site
and development within the watershed. The existing stream banks at the project site are incised, eroding, and
undercut. The drainage area at the project site is approximately 36.3 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? *
4f. List the total estimated acreage of all existing wetlands on the property:
None
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4g. List the total estimated linear feet of all existing streams on the property:
(intermittent and perennial)
300
4h. Explain the purpose of the proposed project: *
Ongoing bank erosion is causing land loss and has encroached on the parking area. Sediment is being
exported to downstream surface waters and degrading water quality and aquatic habitats. The project will
stabilize and re -vegetate 241 If of the right stream bank and provide protection to the parking area.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project will stabilize the stream banks and protect the park area. Boulder toe protection and geolifts
planted with with native herbaceous seed mix and shrubs will be installed along the stream banks.
Biodegradable erosion control matting will be installed on all graded slopes. A permanent native herbaceous
and woody shrub -tree buffer will be planted along the stream bank to promote long-term soil stability and
water quality benefits
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No
Afield 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.
Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
� Preliminary Q Approved Not Verified QQ Unknown N/A
Corps AID Number:
Example: SAW-2017-99999
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
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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? This includes other separate and distant
crossing for linear projects that require Department of the Army authorization but don't require pre -
construction notification.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on
the site, then complete this question for all stream sites impacted.
"S." will be used in the table below to represent the word "stream".
3a. Reason for
3b.lmpact
3c. Type of
3d. S. name*
3e. Stream
3f. Type of
3g. S.
3h.
impact* M
type*
impact*
Type* M
Jurisdiction
width*
Impact
length
S1
Bank
Permane
Bank
Elkin Creek
Perennial
Corps
55
241
stabilization
nt
Stabilization
Average
(linear
(feet)
feet)
**All Perennial or Intermittent streams must be verified by DWR or delegated local government.
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3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
241
3i. Total temporary stream impacts:
0
3i. Total stream and ditch impacts:
241
3j. Comments:
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:*
As this project is a stream bank stabilization 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 and protect
the existing parking area.
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1 b. 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 channel. Ground/soil disturbance will be
minimized to the extent possible.
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. Erosion and sediment control
details are included on the project plans. 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 stabilize eroding stream banks in order to gain a more natural functioning stream
reach and provide protection for the existing parking area. 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.
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington
District's RIBITS website.
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F. Stormwater Management and Diffuse Flow Plan (required
by DWR)
*** Recent changes to the stormwater rules have required updates to this section .***
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?
Q Yes QQ No
For a list of options to meet the diffuse flow requirements, click here.
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
To look up low density requirement click here 15A NCAC 02H .1003(2).
Comments:
Stream bank stabilization 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
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1 b. 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 (based on past and reasonably anticipated future impacts) 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
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5d. Is another Federal agency involved?*
Yes
No
5e. Is this a DOT project located within Division's 1-8?*
_ Yes GNo
Unknown
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
Link to the NLEB SLOPES document: http:Hsaw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf
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.?*
1'[ IIIIIIIIIIIIIII►re,
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. No trees will
be removed/cut for this project.
6. Essential Fish Habitat (Corps Requirement)
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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)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data:
http-.//gis.ncdcr.gov/hpoweb/
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 (e.g., National Historic Trust designation or properties
significant in North Carolina history and archaeology)?*
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)
Link to the FEMA Floodplain Maps: https:Hmsc.fema.gov/portal/search
8a. Will this project occur in a FEMA-designated 1 00-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?*
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Miscellaneous
Comments
Jennings Environmental is requesting a waiver of the work in the dry condition from DWR since the drainage
area is greater than 5 square miles. See Section E, Part 1 b 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
NWP 13 Non -notification with USACE
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
404 NWP 13 Non-Notifing.pdf
1117_SITE_4_FRONT_STREET_CITY_PARK PRELIM_DESIGN_21APR...
Parcel 3350.pdf
Signed Agent Authorization. pdf
Site Photos & Figures.pdf
Soil Survey.pdf
StreamStats Big Elkin 36.3 sgmi.pdf
File must be PDF or KMZ
Signature
By checking the box and signing below, I certify that:
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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 *
1>,4 vfiD,
Date
61161191011491
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