20230992 Ver 1_ePCN Application_20230712

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:
3/7/2023
BIMS # Assigned
20230992
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:
Nesbit, et al Tract Cane Creek -Gravelly Creek Restoration
1a. Who is the Primary Contact?*
Jennings Environmental, PLLC, David Brown
1b. Primary Contact Email:
[e-mail]
Date Submitted
7/12/2023
Nearest Body of Water
Cane Creek and Gravelly Creek
Basin
French Broad
Water Classification
Cane Creek - C. Gravelly Creek C; Tr
Site Coordinates
Latitude:
35.47415
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Buncombe
Is this a NCDMS Project
Yes No
Longitude:
-82.44022
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Moore:[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 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: 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
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application? *
Yes No
fig. 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. Nani on recorded deed:
George Nesbitt
2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
P.O. Box 936
Address Line 2
City
Fletcher
Postal / Zip Code
28732
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
29. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
Wanda and Donald Wilson
2b. Deed book and page no
2c. Contact Person:
2d. Address
Street Address
48 Willie Mae Way
Address Line 2
city
Fletcher
Postal / Zip Code
28732
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
Carolyn Nesbitt, et al
2b. Deed book and page no
2c. Contact Person:
2d.Address
Street Address
292 Lower Brush Creek Road
Address Line 2
city
Fletcher
Postal / Zip Code
28732
2e. Telephone Number:
[phone]
2g. Email Address:
[e-mail]
2a. Name(s) on recorded deed:
Fletcher Farms, LLC
2b. Deed book and page no.:
2c. Contact Person:
Ralph Bradshaw
2d.Address
Street Address
1075 Hendersonville Road, Suite 250
Address Line 2
City
Asheville
Postal / Zip Code
28803
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
Steven Sizemore
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
usa
2f. Fax Number:
[phone]
State / Province / Region
NC
Country
USA
2f. Fax Number:

2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
7 N. Oak Forest Drive
Address Line 2
City
State / Province / Region
Asheville
NC
Postal / Zip Code
Country
28803
USA
2e. Telephone Number:
2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
Dennis and Joyce Dotson
2b. Deed book and page no
2c. Contact Person:
2d. Address
Street Address
21 Willie Mae Way
Address Line 2
City
State / Province / Region
Fletcher
NC
Postal / Zip Code
Country
28732
USA
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:
[e-mail]
2a. Nall on recorded deed:
OKOBOJI HOA, Inc.
2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
2 Okoboji Drive
Address Line 2
City
State / Province / Region
Fletcher
NC
Postal / Zip Code
Country
28732
USA
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
Sean and Laura Sullivan
2b. Deed book and page no.:
2c. Contact Person:

2d. Address
Street Address
39 Berea Branch
Address Line 2
City
Fletcher
Postal / Zip Code
28732
2e. Telephone Number:
[phone]
2g. Email Address:"
[e-mail]
2a. Name(s) on recorded deed:
Hayes Family
2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
36 Hayes E. Meadow Lane
Address Line 2
City
Fletcher
Postal / Zip Code
28732
2e. Telephone Number:
[phone]
2g. Email Address:
[e-mail]
2a. Name(s) on recorded deed:
Andy Franklin
2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
346 Lower Brush Creek Road
Address Line 2
city
Fletcher
Postal / Zip Code
28732
2e. Telephone Number:
[phone]
2g. Email Address:
[e-mail]
2a. Name(s) on recorded deed:
James and Rena Dotson
2b. Deed book and page no.:
2c. Contact Person:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:

2d. Address
Street Address
1454 Cane Creek Road
Address Line 2
City
State / Province / Region
Fletcher
NC
Postal / Zip Code
Country
28732
USA
2e. Telephone Number:
2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Narri on recorded deed:
Teresa Decker
2b. Deed book and page no
2c. Contact Person:
2d.Address
Street Address
166 Nelson Street
Address Line 2
City
State / Province / Region
Clyde
NC
Postal / Zip Code
Country
28721
USA
2e. Telephone Number:
2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Debbie Dodson
3b. Business Name:
Resource Institute, Inc.
3c.Address
Street Address
2631 Reynolda Road, Suite A
Address Line 2
city
State / Province / Region
Winston-Salem
NC
Postal / Zip Code
Country
27106
USA
3d. Telephone Number:
3e. Fax Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
David Brown, PG
4b. Business Name:
Jennings Environmental, PLLC

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. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality I town:
Fletcher
2. Project Identification
2a. Property Identification Number:
PINS 9674-56-9033; 9674-56-7861; 9674-66-
3907; 9674-77-6165; 9674-75-8264; 9674-65-
6653; 9674-74-2317; 9674-63-9786; 9674-62-
5519; 9674-43-0880; 9674-67-7497; 9674-66-
3907; 9674-56-3004;9674-45-4594
2c. Project Address
Street Address
Cane Creek site is located between the brides over Cane Creek on Lower Brush Creek Road
Address Line 2
Gravelly Creek Site is located at 48 Willie Mae Way
city
Fletcher
Postal / Zip Code
28732
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
Cane Creek and Gravelly Creek
3b. Water Resources Classification of nearest receiving water:"
Cane Creek - C. Gravelly Creek C; Tr
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.
06010105 Upper French Broad
4. Project Description and History
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
Cane Creek site 33.5 ac portion of larger tract.
Gravelly Creek site 3.5 ac portion of larger
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 property is in agricultural use. The land use in the vicinity of the property is residential, commercial, agricultural, and undeveloped forested tracts. The Cane Creek project site consists
of an approximate 33.5-acre riparian corridor along Cane Creek between the bridges over Cane Creek on Lower Brush Creek Road. The Gravelly Creek project site consist of an
approximate 3.5-acre riparian corridor along Gravelly Creek at 48 Willie Mae Way. The project sites are currently comprised of agricultural fields and a sparsely wooded riparian buffer. The
majority the sites have been previously cleared, drained and have been used for growing row crops and livestock grazing for decades. The existing stream banks at the project site are
incised, eroding, and undercut. The drainage area at the project site is approximately 45 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?
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:
7,800
L

4h. Explain the purpose of the proposed project: *
The objectives of the restoration activities is to stabilize the stream bank and bed, establish a native riparian buffer, construct flood benches, and to prevent additional soil loss to
downstream surface waters. The proposed stream restoration project will restore 5,950 If of Cane Creek Creek and 1,425 If of Gravelly Creek. This will improve the natural ecology of the
stream and buffer.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The streams 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, and an adjacent floodplain area.
A minimum 25-ft native herbaceous and woody buffer will be planted in the riparian area to promote long-term stability, soil strength, and water quality benefits. Mature native trees along
the stream bank 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:
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 to determine impacts to these aquatic features. There are no wetlands within the project
area. Cane Creek is a perennial stream with 6,300 If of channel in the project area, located at
35.47415,-82.44022. Gravelly Creek is a perennial stream with 1,500 If of channel in the project
area, located at 35.47685,-82.44030. Jennings Environmental is not requesting the Corps to make a
jurisdictional determination of the aquatic features in the project area. The location of the streams are
shown on the attached plan sheets.
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
6
F
S1
3a. Reason for impact (?)
Stream Restoration
3b.lmpact type*
Permanent
3c. Type of impact*
Other
3d. S. name*
Cane Creek
3e. stream Type*
Perennial
3f. Type of
Jurisdiction *
Corps
3g. S. width
50
Average (feet)
3h. Impact
length
5,950
(linear feet)
fl
Stream Restoration
Permanent
Other
Gravelly Creek
Perennial
Corps
Average (feet)
1,425
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 31. Total temporary stream impacts:
7,375 0

3i. Total stream and ditch impacts:
3j. Comments:
An existing piped stream crossing on Gravelly Creek will be removed and replaced with a spanning structure to allow access to agriculture fields.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. 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:
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 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.
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
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:
The project is located in the French Broad 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
1a. 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
O
L
O
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
What Federal Agency is involved?
USDA-NRCS
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. Since this project is funded by the NRCS, the agency will be responsible to comply with the
applicable federal ESA reviews.
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. Since this
project is funded by the NRCS, the agency will be responsible to comply with the applicable federal and state cultural resources reviews.
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 Buncombe County for review and approval.
8c. What source(s) did you use to make the floodplain determination?*
NCFRIS
Miscellaneous
n
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 -Filling Request.pdf
1.02MB
Agent Authorization Form Nebitt-Wilson-Bradshaw Etc Cane Creek[37].pdf
182.9KB
Cane Creek Restoration - Permit Drawing.pdf
15.95MB
IPaC_ Explore Location resources.pdf
737.28KB
Nesbit -Wilson -Bradshaw et al Cane Creek Site Photos and Figures.pdf
8.25MB
NWP 27 Notification to Corps July 12 2023.pdf
1.02MB
Parcels et at Cane Creek.pdf
7.28MB
Soil Map.pdf
888.94KB
StreamStats Cane Creek.pdf
335.29KB
401 Pre -filing Request.pdf
1.02MB
4320 Gravelly Creek Permit Drawing 2023-07-11.pdf
8.89MB
Agent Authorization Form Wilson -Decker Gravelly Creek Signed.pdf
182.85KB
IPaC_ Explore Location resources.pdf
732.07KB
Parcels Wilosn-Decker-Dotson Tratc Gravelly Creek.pdf
1.69MB
Soil Map.pdf
888.94KB
Wilson -Decker -Dotson Tract Gravelly Creek Site Photos and Figures.pdf
21.69MB
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
USFWS IPaC
NWP 27 Notification to Corps for NRCS Project
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
7/12/2023
a