20231390 Ver 1_ePCN Application_20231011

DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 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:
4/21 /2023
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned
Version# *
20231390
1
Is a payment required for this project?*
No payment required
What amount is owed?*
Fee received
$240.00
Fee needed - send electronic notification
$323.00
Reviewing Office*
Select Project Reviewer*
Asheville Regional Office - [phone]
Joey Winston:Joey.Winston
Information for Initial Review
1a. Name of project:
Transylvania County Storm Fred EWP/StRAP
— Headwaters Trout Farm & At the Ridge Campground Sites
1a. Who is the Primary Contact?*
Jennings Environmental, PLLC, David Brown
1b. Primary Contact Email: *
1c. Primary Contact Phone: *
[e-mail]
[phone]
Date Submitted
10/11/2023
Nearest Body of Water
North Fork French Broad River
Basin
French Broad
Water Classification
B; Tr; HOW
Site Coordinates
Latitude:
Headwaters 35.24586, At the Ridge 35.23838
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Transylvania
Longitude:
Headwaters-82.88329, At the Ridge-82.87835
$570.00
$767.00
a
Is this a NCDMS Project
Yes No

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: Multiple NWP #'s (specify below)
NWP Numbers (for multiple NWPS):
NWP 37 - Emergency Watershed Protection & Rehabilitation
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 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:
Rhonda Ziegler Brown & Robert Cilley
2b. Deed book and page no.:
2c. Contact Person:

2d. Address
Street Address
10128 Parkway Road
Address Line 2
City
Balsam Grove
Postal / Zip Code
28708
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
Jaffe Retreat LLC
2b. Deed book and page no
2c. Contact Person:
Jonathan Bigelow
2d.Address
Street Address
1422 South Barton Road
Address Line 2
City
Taylors
Postal / Zip Code
29687
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
Thomas W Johnson & Carrie C Johnson
2b. Deed book and page no
2c. Contact Person:
Tom Johnson
2d.Address
Street Address
153 N. Fork River Road
Address Line 2
city
Balsam Grove
Postal / Zip Code
28708
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Jeff Parker
3b. Business Name:
Transylvania County Soil & Water Conservation District
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
Sc
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:

3c.Address
Street Address
106 East Morgan Street
Address Line 2
Suite 103
city
Brevard
Postal / Zip Code
28712
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
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:
(ifappropriate)
1c. Nearest municipality / town:
Balsam Grove
2. Project Identification
2a. Property Identification Number:
Headwaters Site 8546-07-5032-000 & 8546-
05-8918-000. At the Ridge Site 8546-13-9866-
000
2c. Project Address
Street Address
Headwaters Trout Farm Site - 71 Headwaters Farm Road
Address Line 2
At the Ridge Campground Site - 153 N. Fork River Road
city
Balsam Grove
Postal / Zip Code
28708
3. Surface Waters
3a. Name of the nearest body of water to proposed project: "
North Fork French Broad River
3b. Water Resources Classification of nearest receiving water:"
B; Tr; HQW
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
Headwaters 2.8 ac portion of larger 33.3 ac
tract. At the Ridge 2.54 ac portion of larger
32.4 ac tract
State / Province / Region
NC
Country
USA
a

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.
Upper French Broad 06010105
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 properties are developed residential and commercial tracts. The land use in the vicinity of the properties are rural residential, commercial, and undeveloped forested tracts. The
Headwaters Trout Farm project site consists of approximately 2.8 acres along the North Fork French Broad River. The At the Ridge Campground project site consists of approximately 2.54
acres along the North Fork French Broad River. The stream banks were severely eroded by Storm Fred in August 2021. The existing stream banks at the project sites are incised, eroding,
undercut, exporting sediment to downstream surface waters, and encroaching toward structures and/or access roads/driveways. The drainage area at the Headwaters site is
approximately 11.3 square miles and approximately 12.2 miles for the At the Ridge site. See attached field data report 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:
4g. List the total estimated linear feet of all existing streams on the property:
Headwaters site 1,747 If. At the Ridge site 1,291 If.
4h. Explain the purpose of the proposed project: *
The objectives of the stream bank work is to stabilize the bank; provide protection to property structure(s) and access road/driveway; and to prevent additional soil loss to downstream
surface waters.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Transylvania County Soil and Water Conservation District received funding through the NRCS's Emergency Watershed Protection (EWP) and NC Soil and Water Conservation
Commission Streamflow Rehabilitation Assistance Program (StRAP) programs to conduct the stream bank stabilization activities to protect existing structures damaged or threatened by
stream erosion during Storm Fred. Substantial stream erosion occurred during the storm resulting in unstable stream banks with ongoing bank erosion at the project sites.
We propose to conduct the stream bank work using a combination of stacked boulders, boulder/rock toe with vegetative geo-lifts, and plantings. In areas where there is not enough room
to lay -back the banks or immediately next to a structure the work will involve stacked boulders. In areas where we can lay -back the banks, we will use boulder/rock toe with vegetated geo-
lifts. In areas where the banks are currently at a good grade, we will plant vegetation or add a geo-lift or two with vegetation. Where practical the stream bank will be placed back to pre -
storm alignment and location. See attached plan sheets for additional details.
The stream banks will be planted to promote long-term stability, soil strength, and water quality benefits. Disturbed and restored areas of the stream bank 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
Comments:
A field survey of the project areas 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
areas in order determine proposed impacts to these aquatic features. There are no wetlands within
the project areas. Jennings Environmental is not requesting the Corps to make a jurisdiction
determination of the aquatic features in the project areas.
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
Unknown
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
F
S1
3a. Reason for impact (?)
Bank stabilization
3b.lmpact type*
Permanent
3c. Type of impact*
Bank Stabilization
3d. S. name*
North Fork French Broad
River
3e. Stream Type*
?)
Perennial
3f. Type of
Jurisdictio n*
Both
3g. S. width
35
Average (feet)
3h. Impact
length*
1,595
(linear feet)
S2
Bank stabilization
Permanent
Bank Stabilization
North Fork French Broad
River
Perennial
�_]
Both
t;;J#;J
3i. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts:
2,795
3i. Total stream and ditch impacts:
3i. Total temporary stream impacts:
3j. Comments:
Proposed stream impacts at the Headwaters Trout Farm site is 1,595 If. Proposed stream impacts for the At the Ridge Campground site is 1,200 If.
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 projects are stream bank stabilization projects, 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 property structures and access
roads/driveways.
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. 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 and provide protection to property structures and access roads/driveways. 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
E)
Q

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:
Stream bank stabilization 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
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 change the current property use or 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 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?
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 areas. No listed federally endangered/threatened species were located in/near the project sites and no suitable
habitat exists based upon information submitted to date.
The sites are 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 areas 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 areas. The forested areas of the sites could be used for roosting and/or foraging by northern long-eared bat (Myotis septentrionalis), gray bat
(Myotis grisescens), and tricolored bat (Perimyotis subflavus). Bat species naturally avoid areas where habitat disturbance activities (elevated noise,
etc.) are taking place. There are forested parcels adjacent to the project sites. It is expected any bat species that may be present at the sites will migrate
to forested areas in the vicinity.
No trees will be removed/cut for this project. There could be a minor short term disturbance to the wildlife habitats within the project areas. However, the
project will not destroy or negatively modify the roosting and foraging habitat of the listed bats species.
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
8c. What source(s) did you use to make the floodplain determination?
NCFRIS
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
401 Perfiling Request At the Rdige.pdf
1.01 MB
1908 At the Ridge CG Permit Drawing 2023-10-05.pdf
10.52MB
Agent Authorization At the Ridge Campground.pdf
415.85KB
At the Ridge Campground Parcel.pdf
1.22MB
At the Ridge Campground Soil Map.pdf
1.06MB
IPaC_ Explore Location resources At the Ridge.pdf
689.15KB
Site Photos and Figures At the Ridge Campground.pdf
5.73MB
StreamStats - N Fork French Broad River - At the Ridge Campground.pdf
482.77KB
401 Prefiling Request Headwaters.pdf
1.01MB
1905 Headwaters Permit Drawing 2023-10-05.pdf
12.12MB
Agent Authorization Headwaters Trout Farm.pdf
414.65KB
Headwaters Trout Farm Photos and Figures.pdf
6.42MB
Headwaters Trout Farm Soil Map.pdf
931.79KB
Headwaters Trout Fram Parcels.pdf
2.41 MB
IPaC_ Explore Location resources Headwaters.pdf
688.51KB
StreamStats - N Fork French Broad River - Headwater Trout Farm (1).pdf
File must be PDF or KMZ
482.7KB

Comments
Supporting Attachments for Both Sites:
Agent Authorization Forms
Permit Design Drawings/Plans
Site Figures
USGS StreamStats
Soil Map
401 Pre -filing Meeting Request
Parcel Information
USFWS IPaC
Jennings Environmental is requesting a waiver of the Corps' regional condition A2. This request is being made in order to conduct work in waters at the sites between March 1 and April
15, 2024 and have final grades completed for planting during the dormant period for woody vegetation.
Also, Jennings Environmental is requesting a waiver of the work in the dry condition from DWR since the drainage area is greater than 2 square miles. See Section E, Part 1 b above.
Signature
p 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
i�i4Vl, 11 w"
Date
10/11/2023
O