20231642 Ver 1_ePCN Application_20231130

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.
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# *
20231642
1
Is a payment required for this project?*
No payment required
What amount is owed?*
Fee received
$240.00 $570.00
Fee needed - send electronic notification
$323.00 $767.00
Reviewing Office*
Select Project Reviewer*
Asheville Regional Office - [phone]
Andrew Moore:andrew.w.moore
Information for Initial Review
la. Name of project:
EWP Storm Fred Buncombe County - Valerie Allen Site
1a. Who is the Primary Contact?*
Jennings Environmental, PLLC, David Brown
1b. Primary Contact Email: *
[e-mail]
Date Submitted
11/30/2023
Nearest Body of Water
South Hominy Creek
Basin
French Broad
Water Classification
C; Tr
Site Coordinates
Latitude: Longitude:
35.50496-82.71364
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
Is this project a public transportation project?*
Yes No
1c. Primary Contact Phone:*
[phone]
O

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:
NWP Numbers (for multiple NWPS):
NWP 37 - Emergency Watershed Protection and Rehabilitation
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
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:
Valerie Allen
2b. Deed book and page no.:
2c. Contact Person:
2d.Address
Street Address
17 Delova Lane
Address Line 2
Apartment403
city
Swannonoa
Postal / Zip Code
28778
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Jennifer Harrison
3b. Business Name:
Buncombe County Soil & Water Conservation District
3c. Address
Street Address
49 Mount Carmel Road, Suite 101
Address Line 2
City
Asheville
Postal / Zip Code
28806
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:
Candler
2. Project Identification
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
2a. Property Identification Number: Project area is 0.33 ac portion of lager 3.27
PIN 8695-49-7519 acre tract

2c. Project Address
Street Address
23 Janet Road
Address Line 2
city
Candler
Postal / Zip Code
28715
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
South Hominy 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.
Upper French Broad 06010105
4. Project Description and History
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 developed residential and undeveloped wooded tracts. The land use in the vicinity of the property is residential, commercial, agricultural, and undeveloped forested tracts.
The project site consists of approximately 0.33 acres along South Hominy Creek. The stream banks were severely eroded by Storm Fred in August 2021. The existing stream banks at the
project site are incised, eroding, undercut, exporting sediment to downstream surface waters, and encroaching toward structures and/or access roads/driveways. The drainage area at the
project site is approximately 25.9 square miles. 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:
None
4g. List the total estimated linear feet of all existing streams on the property:
300
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:
Buncombe 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 (SCRAP) 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 site.
We propose to conduct the stream bank work using a combination of stacked boulders with vegetative geo-lifts, and plantings. 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 O Unknown
Comments:
A field 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 proposed impacts to these aquatic features. There are no wetlands within
the project area. Jennings Environmental is not requesting the Corps to make a jurisdiction
determination of the aquatic features in the project area.
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?
None
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
O
F I
3a. Reason for impact ()
3b.lmpact type"
3c. Type of impact*
3d. S. name"
3e. Stream Type*
?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
fl
Stream bank stabilization
Permanent
Bank Stabilization
South Hominy Creek
Perennial
Both
40
Average (feet)
160
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
160
31. Total stream and ditch impacts:
160
3j. Comments:
The width of impacts to the stream is 2-6 ft.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
0
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
As this project is a stream bank stabilization project, it is impossible to completely avoid impacts to waters. However, considerations were made to
minimize disturbance to the extent necessary to provide appropriate functional uplift to aquatic resources and protect 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.
Q
u

F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
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 bank stabilization project. No impervious area(s) are proposed as part of this project.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes No
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 area. No listed federally endangered/threatened species were located in/near the project site and no suitable
habitat exists based upon information submitted to date.
The project is not located near any known occurrences of hibernacula or maternity roost sites for listed bat species. Onsite evaluations indicated there
are no caves, no cave like features, no sizeable rock cervices, and no out -buildings within the project area which may provide roosting habitat.
Consideration of potential effects to listed bats assumes the presence of the species, even though it is not known if the species actually occur in the
project area. 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 subfiavus). Bat species naturally avoid areas where habitat disturbance activities (elevated noise,
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.
No trees will be removed/cut for this project. There could 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.
6. Essential Fish Habitat (Corps Requirement)
Ga. 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 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
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 Permit Pre -filing Request.pdf
1.07MB
Agent Authorization Form Signed July 2023 JH.pdf
340.27KB
IPaC_ Explore Location resources.pdf
649.5KB
Parcel Info.pdf
430.82KB
Site Figures.pdf
2.63MB
Soil Survey.pdf
377.79KB
South Hominy EWP Allen PERMIT DRAWING.pdf
2.99MB
StreamStats.pdf
371.77KB
Valerie Allen FDR.pdf
2.51 MB
File must be PDF or KMZ

Comments
Supporting Attachments:
Agent Authorization Form
Permit Design Drawings/Plans
Site Figures
USGS StreamStats
Soil Map
401 Pre -filing Meeting Request
Parcel Information
USFWS IPaC
EWP Field Data Report
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 site between October and April and
have final grades completed for planting during the dormant period for woody vegetation.
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
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
A4ViA,4�"
Date
11 /30/2023
a