20231030 Ver 1_ePCN Application_20230721

DW R
DHlsloo 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:
3/23/2023
BIMS # Assigned
20231030
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:
Town of Maggie Valley WWTP Levee Repair
1a. Who is the Primary Contact?*
Rick Toone
1b. Primary Contact Email: *
[e-mail]
Date Submitted
7/21/2023
Nearest Body of Water
Jonathan's Creek
Basin
French Broad
Water Classification
C;Tr
Site Coordinates
Latitude:
35.598509
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Haywood
Is this a NCDMS Project
Yes No
Longitude:
-83.006175
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Joey Winston:Joey.Winston@ncdencgov
1c. Primary Contact Phone:*
[phone]
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: 03 - Maintenance
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
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:
Town of Maggie Valley
2b. Deed book and page no.:
379-55
2c. Contact Person:
Mike Mehaffey
2d. Address
Street Address
3987 Soco Road
Address Line 2
City State / Province / Region
Maggie Valley NC
Postal / Zip Code Country
28751 USA

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Rick Trone
4b. Business Name:
WithersRavenel
4c.Address
Street Address
115 MacKenan Drive
Address Line 2
City
Cary
Postal / Zip Code
27511
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:
Maggie Valley
2. Project Identification
2a. Property Identification Number:
8609-96-4882
2c. Project Address
Street Address
5320 Jonathan Creek Road
Address Line 2
city
Maggie Valley
Postal / Zip Code
28751
3. Surface Waters
3a. Name of the nearest body of water to proposed project: "
Jonathan's Creek
3b. Water Resources Classification of nearest receiving water:
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.
060101060204
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
5
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 consists of an oxbow to Jonathan's Creek that is located alongside an existing access road set atop of a FEMA-certified levee. The road provides access to the Wastewater
Treatment Plant. The site is located between interstate 40 and highway 276.
a
General land use in the vicinity of the project is residential with some light commercial activities nearby.

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
4g. List the total estimated linear feet of all existing streams on the property:
500
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project consists of the replacement of the failing FEMA-certified levee that provides protection to the WWTP from an oxbow of Jonathan's Creek.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:"
The existing levee was built into the stream bank and is experiencing significant erosion. In past years streamflow, has been greatest in the main channel of Jonathan's Creek however,
recent flooding and storm events has shifted a greater volume of streamflow into the oxbow and against the levee located immediately adjacent to the WWTP and access road. This
greater flow volume has resulted in significant erosion at the base of the levee. This erosion became more evident following the passing of remnants of Hurricanes Michael and Florence in
short succession that flooded Jonathan's Creek.
The levee is built into the existing streambanks and is part of the WWTP property. The repair of the levee is critical in safeguarding the plant and its continued operation, as well as
protection of the water quality of Jonathan Creek, which is classified as Trout water. Should the levee fail during a flood event, the entire WWTP would be flooded, resulting a release of
raw sewage into Jonathan Creek. The town proposes to stabilize the base of the levee and stabilize the streambanks using boulder toe, vegetated soil lifts, and rip rap. These methods
have been successfully deployed in streams throughout North Carolina and combine a nature -based approach to mimic natural stream structures that resist erosive flows.
The proposed activities will occur within an area of the levee that has historically been lined with filter fabric and covered with a variety of riprap (see attached photo documentation). There
is no substantial woody vegetation growing within the project area. The proposed activities will only result in the removal of one potential tree currently growing along the stream. The
proposed planting of the soil lifts will provide vegetative stabilization that doesn't exist now, which is an overall improvement to the existing conditions.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No O Unknown
Comments:
WR concedes the oxbow off Jonathan's Creek is jurisdictional to both USAGE and NCDWR.
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?
No
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
F I
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
3f. Type of
3g. S. width
3h. Impact
?)
Jurisdiction*
length*
S1
Construction Access
Temporary
Dewatering
Jonathans Creek
Perennial
Both
20
191
Aveage (feet)
(linear feet)
g2
Bank Stabilization
Permanent
Stabilization
Jonathans Creek
Perennial
Both
20
102
Aveage (feet)
(linear feet)
S3
Riprap Stabilization
Permanent
Rip Rap Fill
Jonathans Creek
Perennial
Both
20
95
Average (feet)
(linear feet)

3i. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts:
197
3i. Total stream and ditch impacts:
388
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
191
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Proposed impacts for the repair of the existing and failing levee are necessary to protect the WWTP and water quality of Jonathan Creek and therefore
are unavoidable. Without corrective actions to repair the levee, the WWTP that serves 1,905 customers is at risk of flooding and becoming inoperable,
as well as polluting Jonathan Creek. Additionally, the levee protects the access road to the plant and is itself at risk by being located along the top of the
structure. It is impracticable to not make the repairs as the integrity of the levee is increasingly vulnerable. The methods chosen to repair the levee have
been successfully deployed in streams throughout North Carolina and combine a nature -based approach to mimic natural stream structures that resist
erosive flows and minimize stream channel impacts.
Construction activities requiring construction equipment to operate within the oxbow will be minimized to only 2-3 days. Matting will be placed on the
oxbow bed to minimize disturbance to the substrate within the bed of the oxbow. Upon completion of construction, the matting will be removed and any
disturbed areas within the stream bed will be restored to pre -construction grades, and the coffer dams will be removed to restore flow. It is estimated that
construction will take no more than 2 weeks, with dewatering of the oxbow only being 2-3 days.
Construction will be scheduled during a period with no forecasted rainfall. In the event of an unexpected storm event during construction, the contractor
has committed to stop construction activities and implement temporary stabilization to prevent loss of sediment.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Access during construction will occur from the existing access road and temporary easement areas. Additionally, sediment and erosion control measures
will be installed prior to construction. Work within the stream channel will not occur during the trout moratorium period from October 15-April 15. Lastly,
disturbed non -riparian areas will be seeded with fast growing grasses for stabilization while riparian areas will be seeded with a riparian seed mix where
appropriate.
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 proposed project will result in 0.039 acres and 197 linear feet of permanent stream/streambank impacts. These impacts are below mitigation thresholds; therefore, the applicant does
not propose mitigation. Additionally, the proposed activities will eliminate the current erosion issues, thereby eliminating sediment input into Jonathan Creek and improving the overall water
quality.
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 INC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
Project is not located within a buffered river 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:
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?'
O
u
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 does not meet the requirements for preparation of an environmental document pursuant to NEPA/SEPA.
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.
Proposed project will not result in any additional development.
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 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?
On 6/19/2023, WR generated an official species list using USFWS' Information form Planning and Consultation (IPaC), located at
https:/Iipac.ecosphere.fws.gov/ which is attached. The IPaC Species List identified Gray Bat (endangered), Indiana Bat (endangered), Northern Long -
Eared Bat (endangered), Tricolored Bat (proposed endangered), Small Whorled Pogonia (threatened), and Rock Gnome Lichen (endangered) as
potentially occurring within the vicinity of the project. The IPaC did not identify any critical habitat within the proposed project.
WR submitted a project review request to the NCNHP through their Data Explorer webpage, located at: https://ncnhde.natureserve.org/, to identify
known occurrences of federally listed threatened or endangered species within 1.0 mile of the review area. The 6/19/2023 NCNHP Project Review Letter
identified one federally listed species, Gray Bat, within 1.0 miles of the Project.
The project site consists of an existing levee and a gravel access road. Vegetation on the levee consists of a few scattered medium sized trees. The
levee is lined with boulders and other rocks. Gray Bats prefer caves, culverts, bridges, mines, etc. for habitat. No suitable habitat is located on the
project site for Gray Bats and no existing structures will be removed.
The Indiana Bat hibernates in caves and mines in winter. These bats forage and roost in forested areas. The bats maternity habitat consists of wooded
areas that are completely forested or fragmentary in nature. The NCNHP data did not identify any occurrences of Indiana Bat within 1.0 miles of the
project area. The project area does not contain caves and the project area consists of only a few scattered medium-sized trees.
The Northern Long -Eared Bat (NLEB) uses caves and mines as hibernacula in the winter. During the summer they roost singly in colonies under bark or
in crevices of both live and dead trees typically within the interior of large tracks of mature forest. Rarely, NLEB has been found roosting in structures
such as barns or sheds. The NCNHP data did not identify any occurrences of NLEB within 1.0 miles of the project area. No suitable habitat exists within
the project area for NLEB, and the project will only result in the removal of one tree.
Small whorled pogonia inhabits damp mixed woods with abundant leaf mold and limited shrub and herbaceous cover. Various types of decaying
vegetation are usually found in small whorled pogonia habitat, including fallen trunks and limbs, leaf litter, bark, stumps, and roots of dead trees. It
prefers a habitat with flatter terrain and a canopy with small openings to provide light. The small whorled pogonia flowers from mid -May to early June,
with flowers lasting only a few days to a week. While the small whorled pogonia typically only flowers from May to early June, an over -wintering
vegetative bud may form in late August or September, and the stem of the plant will remain erect and visible up until the first hard frost of the fall
(October— November). The NCNHP project review determined that there are no known occurrences within 1.0 mile of the project area. The project area
was determined not to be suitable habitat for small whorled pogonia because the area consists of a rock lined earthen levee and a gravel access road.
Little to no vegetation is present on the levee, therefore the project area is not considered suitable habitat, due to the lack of damp woods with abundant
leaf litter that creates a canopy with small openings.
Rock gnome lichen occurs in dense colonies of narrow strap -like lobes around 0.04 inches across and 1-2 centimeters long. These lobes are blue -gray
on the terminal upper surface and generally shiny white on the lower surface, grading to black near the base. Fruiting bodies are black and are found
from July through September. Rock gnome lichen is primarily limited to vertical rock faces where seepage of water from forest soils above flows only
during very wet times. The species needs a moderate amount of light but cannot tolerate high -intensity solar radiation. Rock gnome lichen ranges from
the Southern Appalachian Mountains of North Carolina and South Carolina, Tennessee, and Georgia, in areas of high humidity, either at high elevations
where it is frequently bathed in fog, or in deep gorges at lower elevations. The NCNHP project review determined that there no known occurrences
within 1.0 mile of the project area. There are no vertical rock faces in the project area and therefore no suitable habitat. Due to the sparse tree canopy,
the project site receives a high amount of sunlight. Based on a lack of potential habitat and lack of nearby records, the project is anticipated to have no
effect on rock gnome lichen.
The USFWS proposed to list the tricolored bat as an endangered species under the Endangered Species Act on September 13, 2022, largely because
of white -nose syndrome, a disease that affects cave -dwelling bats and is decimating hibernating bat species. There has been no critical habitat
designated for the tricolored bat at this time. The USFWS has no definitive guidance on tricolored bat but are working towards developing guidelines by
the time the listing is finalized. Based on the review of the NCNHP GIS data there are no known occurrences of the tricolored bat within 1.0 miles of the
review area. Suitable habitat for Tricolored Bat (Proposed Endangered) may exist within the project area within the areas of mature trees. There are no
structures culverts, or caves located on the project site. Targeted surveys have not been conducted for tricolored bat. Tree clearing is limited to only one
potential tree and therefore the proposed project will not adversely affect the tricolored bat.
Due to a lack of suitable habitat for the listed species, the project will not adversely affect the Gray Bat, Indiana Bat, Northern -Long Eared Bat, Tricolored
Bat, Small Whorled Pogonia, or the Rock Gnome Lichen.
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?
There is no waters classified as EFH in Haywood County.
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?
WR reviewed the NC State Historic Preservation Offlce's online database, located at: http://gis.ncdcr.gov/hpoweb/, to determine if there were any known
historic or cultural resources within or in the vicinity of the proposed project. The database review did not identify any known resources within or in the
vicinity of the proposed project.
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 wastewater treatment plant is located within an area of reduced flood risk due to the presence of the FEMA-certified levee.
8c. What source(s) did you use to make the floodplain determination?
FEMA flood maps.

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
Cover Letter and Attachments.pdf 30.07MB
File must be PDF or KMZ
Comments
Please see included Cover Letter and attachments.
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:
Rick Trone
Signature
A(fT"M
Date
7/21 /2023
U