20231435 Ver 1_ePCN Application_20231019

DW R
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:
5/8/2023
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 *
20231435
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Winston-Salem Regional Office - (336) 776-
9800
Information for Initial Review
la. Name of project:
Bean Shoals Horne Creek Restoration & Crossing Improvements
1a. Who is the Primary Contact?*
Jennings Environmental, PLLC, David Brown
1b. Primary Contact Email:
[e-mail]
Date Submitted
10119/2023
Nearest Body of Water
Horne Creek & UT Horne Creek
Basin
Yadkin-PeeDee
Water Classification
WS-Iv
Site Coordinates
Latitude:
36.26504
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Surry
Longitude:
-80.48909
Version#*
1
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Rebecca Chandler:rebecca.chandler
1c. Primary Contact Phone:*
[phone]
$570.00
$767.00
0
V

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: 27 - Restoration
Nationwide Permit (NWP) Number: 14 - Linear transportation
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
1e. 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
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)
1e. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Pilot Mountian State Park
2b. Deed book and page no.:
2c. Contact Person:
Jason Anthony
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
O

2d. Address
Street Address
1792 Pilot Knob Park Road
Address Line 2
City
Pinnacle
Postal / Zip Code
27043-9090
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Chris Knopf, County Manager
3b. Business Name:
Surry County
3c.Address
Street Address
P.O. Box 1467
Address Line 2
city
Dobson
Postal / Zip Code
27017
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
David Brown, PG
4b. Business Name:
Jennings Environmental, PLLC
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 / town:
Pinnacle
2. Project Identification
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
O

2a. Property Identification Number:
Parcel ID 5964 0046 5352
2c. Project Address
Street Address
103 Yadkin River Park Trail
Address Line 2
city
Pinnacle
Postal / Zip Code
27043
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Horne Creek & UT Horne Creek
3b. Water Resources Classification of nearest receiving water:"
WS-IV
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
Upper Yadkin 03040101
4. Project Description and History
2b. Property size:
Project site 6.5 ac portion of larger 2,946.45 ac
tract
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
The site is within the Bean Shoals Access area of Pilot Mountain State Park and is mostly undeveloped wooded tracts with some open areas. The land use in the vicinity of the property is
rural residential, agricultural, and undeveloped forested tracts. The project site consists of an approximate 6.5 acre riparian corridor along Horne Creek adjacent to Yadkin River Park Trial
road. The stream has been impacted by past agricultural and timber cutting practices at the property. The existing stream banks at the project site are incised, eroding, and undercut.
Stream restoration work was conducted along portions of Horne Creek a few years ago. The in -stream structures are failing are casing the channel to widen and erode. The drainage area
at the project site is approximately 2.24 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
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
Corps Action ID SAW-2020-01887
4f. List the total estimated acreage of all existing wetlands on the property:
0.41 ac
4g. List the total estimated linear feet of all existing streams on the property:
3,409 If
4h. Explain the purpose of the proposed project:*
The objectives of the restoration activities is to stabilize stream banks and channel, establish native riparian buffers, construct flood benches, reconnect the stream with the floodplain,
restore aquatic habitat, and to prevent additional soil loss to downstream surface waters. The work includes replacing three existing ford road crossings using bottomless arch culverts.
This will improve the natural ecology of streams, wetlands, and buffers at the project site.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Horne Creek & a UT Horne Creek will be restored using natural channel and bank design techniques. The work will provide a more sustainable riparian ecosystem with natural buffers.
Channel dimension, pattern, and profile will be constructed to a tolerable morphology and held in place with multiple in -stream and bank structures. The channel will be stabilized with
constructed riffles, boulder and/or log steps, boulder and/or log vanes. The historical adjacent floodplain areas along Horne Creek will be improved and restored by constructing low
benches and removing man-made berms.
A minimum 30-ft native herbaceous and woody buffer will be planted in the riparian areas to promote long-term stability, soil strength, and water quality benefits. Mature native trees along
the stream banks will be preserved, when feasible. Disturbed and restored areas of the stream buffer will be replanted using a combination of native riparian seed mix, live stakes, and/or
bare root seedlings. Work will be completed using tracked excavators and dump trucks by a qualified stream restoration contractor. Equipment will be well maintained, cleaned prior to
mobilization, and checked daily for leaks of petroleum products. Fueling operations shall be performed in an area away from all surface waters. See attached plan sheets for additional
details.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No G Unknown
Comments:
A preliminary JD was issued by the Crops in March 2021.
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2020-01887, see attached issued PJD.
5c. If 5a is yes, who delineated the jurisdictional areas?

Name (if known): Eric Black
Agency/Consultant Company: Scenic Consulting Group
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
March 2021
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?
N/A
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
2. Wetland Impacts
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W. *
2d. W. name
2e. Forested"
2f. Type of Jurisdicition *
?)
2g• Impact
area
WE
Riparian restoration
P
Seep
WE
Yes
Corps
0.010
(acres)
WD
Riparin restoration
P
Seep
WD
Yes
Corps
0.004
(acres)
E��±Iparian
restoration
P
Seep
WG �Ye=Corips
0.010
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.024
2g. Total Wetland Impact
0.024
21. Comments:
The proposed restoration project will impact 0.024 acres of the existing wetlands. These impacts include grading for floodplain benches. The grading of
floodplain benches will not result in a loss of wetland area. The impacted wetlands in the floodplain benches will be restored.
Hydric soils from the disturbed wetland area(s) will be stockpiled separate from other stockpiled soils at the site. These soils will be placed within
restored wetland areas and/or placed within constructed wetland areas. Restoration design will enhance existing wetland hydrology and disturbed
wetland areas will be seeded with a native wetland mix and where available the seed mix will include herbaceous wetland pollinator species.
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
Stream restoration
Permanent
Other
Horne Creek
Perennial
Both
10
2,662
Average (feet)
(linear feet)
S2
Stream Restoration
Permanent
Other
UT Horne Creek
Perennial
Corps
253
Averege (feet)
(linear feet)
S3
Road crossing improvements
Permanent
Other
Horne Creek
Perennial
Both
10
40
1
Average (feet)
(linear feet)
S4
Road crossingim rovement
P
Permanent
Other
Horne Creek
Perennial
Both
10
40
2
Averege (feet)
(linear feet)
SS
Road crossing improvement
Permanent
Other
Horne Creek
Perennial
Both
h;;near
3
q
(lifeet)
3i. Total jurisdictional ditch impact in square feet:
0

3i. Total permanent stream impacts:
3,045
3i. Total temporary stream impacts:
3i. Total stream and ditch impacts:
385
3j. Comments:
Three existing ford road crossing will be replaced with bottomless arch culverts. These impacts will result in permanent impacts to waters with no loss of
waters.
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.
Most of the work will be conducted in sections of existing channel and will utilize a pump or pipe around system in order divert flows away from active
work areas. However, it will not be feasible to pump/pipe around the stream base flow for all the project work. In these areas, 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. In some stream reaches the work involves building a new channel which will be built offline from the existing channel
and will be stabilized before turning the water into the new channel sections. 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. An erosion and sediment control plan will be
submitted to NC DEMLR Wor Surry County for review and approval prior to construction. Some of the 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. Also, three existing ford road crossing will be replaced
with bottomless arch culverts. 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 upper Yadkin basin.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?'�
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
Stream restoration and road crossing improvements project. No impervious area(s) are proposed as part of this project.
G. Supplementary Information
1. Environmental Documentation
a
O
8
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 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
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
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 area. IPaC code 2023-0102444, date July 10, 2023. No listed federally endangered/threatened species were
located in/near project site and no suitable habitat exists based upon information submitted to date. See attached documents from FWS.
The project is not located near any known occurrences of hibernacula or maternity roost sites for listed bat species. Onsite evaluations conducted in
June 2023 indicated there are no caves, no cave like features, no sizeable rock cervices, and no out -buildings within the project area which may provide
roosting habitat.
Consideration of potential effects to listed bats assumes the presence of the species, even though it is not known if the species actually occur in the
project area. The forested areas of the project site could be used for roosting and/or foraging by northern long-eared bat (Myotis septentrionalis), gray
bat (Myotis grisescens), and tricolored bat (Perimyotis subflavus). Bat species naturally avoid areas where habitat disturbance activities (elevated noise,
tree removal, etc.) are taking place. There are forested parcels adjacent to the project site. It is expected any bat species that may be present at the site
will migrate to forested areas in the vicinity.
The stream restoration activities will remove approximately 0.75 acres of trees greater than 3-inch dbh within the riparian corridor. Trees will only be
removed if it hinders the restoration objectives. Where possible large native trees within the riparian buffer will not be cut. Also, trees that contain dead
wood and deep crevices will be avoided when feasible. The stream buffer area will be replanted with native herbaceous, shrub, and tree species.
There will be a minor short term disturbance to the wildlife habitats within the project area. However, the project will not destroy or negatively modify the
roosting and foraging habitat of the listed bats species. Long term this habitat should be improved by the stream restoration actions. Thus, the proposed
project should benefit or aid in the recovery of listed species. This project is expected to result in indirect positive benefits to listed bat species. The direct
effects of this action to bat species are believed to be discountable and the long term and cumulative effects of this action will be beneficial.
The active tree roosting season for northern long-eared bat is April 1 — October 15. Gray bats do not typically roost in trees but may forage and travel in
forested habitats near their roost during their active season (March 15 — November 15). The project schedule calls for tree removal to be conducted
when bats are unlikely to occur on the landscape (November 16 - March 14).
Although use of heavy equipment will be required, no extreme percussive activities (blasting, pile -driving, etc.) will be conducted. Other activities that
produce noise or vibrations are expected to be short-term and would not exceed background conditions (e.g., thunderstorm and daily human activity that
bats are frequently exposed to when present on the landscape).
A survey for of the project site was conducted for Schweinitz's sunflower (Helianthus schweinitz's), a federally listed endangered species. The survey
was in areas identified as suitable habitat for the plant. Schweinitz's sunflower is endemic to the Piedmont region of North and South Carolina. It is most
often found where disturbances have created open areas allowing for partial or full sun exposure, such as roadsides, utility right-of-ways, and forest and
field edges. The preferred habitat generally contains poor soils (sands, gravels, heavy clays, shallow rocky soils, etc.). The sunflower is intolerant of
shade and excessive competition from other plant species.
The surveys did not identify any plants. Although the disturbed areas at the site could provide potential suitable habitat, these areas are regularly
maintained by mowing and this would likely inhibit the successful growth of the plant at the site. Additionally, a review of the most recent NCNHP
database records did not identify known occurrences of Schweinitz's sunflower in or within 1.0 mile of the project site. Due to the lack of known
occurrences, lack suitable habitat that is not maintained, and the lack of observed plants, it has been determined that the proposed project will not affect
Schweinitz's sunflower.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?'�
NOAA EFH Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status? "
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?"
Jennings Environmental has reviewed NCDCR maps and online data. There are no known historic resources identified in the project area.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8b. If yes, explain how project meets FEMA requirements:
A floodplain study is being conducted and will be submitted to Surry County for review and approval.
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
Bean Shoals Horne Creek Restoration Species List— Asheville Ecological Services Field Office.pdf
794.74KB
401 Pre -filing Request.pdf
1.01MB
1109_HORNE_CREEK_PERMIT_DRAW ING.pdf
12.28MB
2020-11-02 - USFWS correspondence.pdf
419.99KB
2021-03-17 - Prelim JD_Signed _2020-01887-Horne Creek.pdf
1.16MB
Agent Authorization Signed Aug 2023.pdf
286.56KB
Bean Shoals Horne Creek Restoration NLAA Consistency Letter_ Northern Long-eared Bat Rangewide Determination
352.61 KB
Key 2023-07-10.pdf
Bean Shoals_Culvert _PGD.pdf
667.3KB
BeanShoals_SchweinitzsSunflower_Memo_20221103.pdf
1.9MB
Parcel Map.pdf
476.51KB
Re_ Re_ [EXTERNAL] Re_ Horne Creek Restoration, Surry County - Log 4-2-21-004 USFWS.pdf
1.12MB
Site Photos and Figures.pdf
19.51MB
Soil Map.pdf
663.4KB
StreamStats downstream 2.2 sgmi.pdf
265.47KB
File must be PDF or KMZ
Comments
Supporting Attachments:
Agent Authorization Form
Permit Design Drawings/Plans
Site Photographs and Figures
USGS StreamStats
Soil Map
Stream and Wetlands Map
401 Pre -filing Meeting Request
Parcel Maps
USFWS IPaC, D-key letter, emails, Schweinitzs sunflower survey
March 2021 PJD
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 1b above.
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
OJ4Vl* 11 M"
Date
10/19/2023
O