20231675 Ver 1_ePCN Application_20231206

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.
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# *
20231675 1
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:
UT to Three Top Creek Restoration Project
la. Who is the Primary Contact?*
Laura Fogo, US Fish and Wildlife Service
1b. Primary Contact Email:
[e-mail]
Date Submitted
12/6/2023
Nearest Body of Water
UT Three Tap Creek
Basin
New
Water Classification
C; Tr, ORW
Site Coordinates
Latitude:
36.363347
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Ashe
Is this a NCDMS Project
Yes No
Longitude:
-81.583818
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Rebecca Chandler:rebecca.chandler
1c. Primary Contact Phone:*
[phone]
$570.00
$767.00
a

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
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
401 Water Quality Certification - Express
Riparian Buffer Authorization
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:
Ronald L. Rognstad, Shari A. Rognstad
2b. Deed book and page no.:
00424/2359
2c. Contact Person:
Shari A. Rognstad

2d. Address
Street Address
665 William T. Calloway Road
Address Line 2
City
Todd
Postal / Zip Code
28684
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Narri on recorded deed:
Nature Conservancy
2b. Deed book and page no.:
00451/1171
2c. Contact Person:
Brian Parr
2d.Address
Street Address
334 Blackwell Suite 300
Address Line 2
City
Durham
Postal / Zip Code
27701
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Laura Fogo, Fish and Wildlife Biologist
3b. Business Name:
USFWS Asheville Ecological Services
3c.Address
Street Address
160 Zillicoa St. Ste. B
Address Line 2
City
Asheville
Postal / Zip Code
28801
3d. Telephone Number:
[phone]
3f. Email Address:
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Laura Fogo, USFWS Asheville Ecological Services
4b. Business Name:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:

4c. Address
Street Address
160 Zillicoa St. Ste. B.
Address Line 2
City
Asheville
Postal / Zip Code
28801
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality I town:
Todd
2. Project Identification
2a. Property Identification Number:
Parcel ID# 03118162, Parcel ID# 03118103,
ParcelID# 03118134,03155014
2c. Project Address
Street Address
665 William T. Calloway Road
Address Line 2
city
Todd
Postal / Zip Code
28684
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
UT Three Top Creek
3b. Water Resources Classification of nearest receiving water:'
C; Tr, ORW
3c. What river basin(s) is your project located in?*
New
3d. Please provide the 12-digit HUC in which the project is located.
050500010101
4. Project Description and History
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
Approximately 8.4 AC in action area
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: *
In 1978, a company mined this portion of Buff Valley for gravel (personal conversation with the original developer). Streams and wetlands were destroyed and ponds were created within
this portion of the the valley. The UT of Three Top Creek was pushed to the western edge and were stabilized with artificial berms. The purpose of this project is to stabilize severely
eroding stream banks, conduct in -stream grade control, and re -vegetate and protect 50-foot riparian buffers to prevent it from migrating back into the valley where the second highest
population of Southern bog turtles in NC inhabit the wetlands. If this restoration project does not take place it will potentially destroy high priority meadow bogs that reformed after the
mining impacts. It would Cause severe erosion and head -cutting throughout the valley. This PFW project is in partnership with two landowners, Blue Ridge Resource Conservation and
Development, NC Division of Water Resources, and the NC Land and Water Fund. The land use is rural/residential and permanent conservation lands to protect rare habitats and species.
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:
approximately 2 acres
4g. List the total estimated linear feet of all existing streams on the property:
approximately 2,126 LF

4h. Explain the purpose of the proposed project: *
The Partners for Fish and Wildlife Program has partnered with Blue Ridge Resource Conservation and Development, two private landowners, NC Division of Water Resources, and NC
Land and Water Fund to restore an unnamed tributary of Three Top Creek located near 665 William T. Calloway Road, approximately 5 miles north of Todd, NC within the North Fork of the
New River Basin, in Ashe County, NC. The goal and purpose of this project is to restore severely eroding streambanks, install in -stream natural channel design structures for grade control,
and re-establish the riparian buffers. These restoration actions are funded in part under the PFW program are committed to voluntarily assist private landowners to restore habitat for
federally listed bats, the (T- S/A)at-risk Southern bog turtle, SR plant species, and Southern Appalachian brook trout.
The UT of Three Top Creek has been experiencing significant bank erosion that have increased during recent climate related events that lead to downstream sedimentation, loss of trees,
and some steep mudslides. The landowners want to restore the stream as close to it's natural condition as possible and to prevent further erosion. These actions will help to prevent a
potential future breach of this tributary into the valley and Southern Appalachian Mountain bog.
The adjacent, separated from the stream contains a protected and managed Southern Appalachian Mountain as mentioned, and occupied by the Southern bog turtle. No disturbance will
occur in any wetlands. It will continue to be avoided and remain protected by the landowner. By stabilizing the stream it will further protect the adjacent bog habitat and bog turtle
population from future threats. This project will lead to long-term protection, via conservation easements of 50-foot buffers along the creek, and permanent protection of the bog in the
future.
On a landscaped scale, upstream the Nature Conservancy protects the 3,300-acre Bluff Mountain Preserve. Surrounding land and parcels include rural homes, forest, and agriculture
along Three Top Creek. This parcel and other nearby properties have been prioritized for protection by conservation partners for many years.
The Partners for Fish and Wildlife Program has partnered with Blue Ridge Resource Conservation and Development, two private landowners, NC Division of Water Resources, and NC
Land and Water Fund to restore an un-named tributary of Three Top Creek located adjacent to William T. Calloway Road, approximately 5 miles north of Todd, NC within the North Fork of
the New River Basin, in Ashe County, NC. The goal of this project is to restore severely eroding streambanks, install natural channel design structures, and re-establish the riparian buffers.
These restoration actions funded in part under the PFW program are committed to voluntarily assist private landowners for the recovery of listed, threatened, and aid in preventing the
need to list at -risk species.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Details: Restore UT Three Top Creek by installing natural channel design structures along a 2,126 (If) reach to include: 636 linear feet (If) of stream restoration, 765 (If) of stream
enhancement, 574 (If) of biostabilization of eroding streambanks, install 5 J-hook vanes, install 475 (If) of boulder revetment, 165 (If) of rootwad revetment, and 35 (If) toewood revetment.
Streambank grading and stabilization restoration will be conducted along 2,138 (LF) and 3,964 live stakes will be planted in biodegradable geotextile fabric to provide shade and erosion
control with native plant materials. Please see attached design. Fifty -foot riparian buffers will be protected in a permanent conservation easement with NC Land and Water Fund and held
by the The Nature Conservancy. In -direct impacts may include temporary sediment instream during construction. The construction will be implemented by a medium, 300 series caterpillar
track -hoe to lift 1-2 ton boulders. Two existing access roads will be utilized to gain access to the stream, avoiding any additional impacts to streams and wetlands.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
No
Comments:
See attached restoration design
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?*
Unknown
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, this is one proposed project planned at this time for two landowners with dedicated federal and state non -mitigation funds.
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
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❑
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
3f. Type of
Jurisdiction
3g. S. width
r3h.mpact
h*
S1
restoration
Temporary
Stabilization
in -stream
Perennial
Corps
15
Averege (feet)
636
(linear feet)

3i. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts:
3i. Total stream and ditch impacts:
636
3j. Comments:
Natural channel design methodology will be used.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
636
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The restoration design was planned over a 3 year period with an experienced engineer. Changes in the stream overtime were re -accounted for and
revised in the final 100 % design. This includes adding an additional landowner in the upper reach which is critical to include and will be beneficial to
lessen impacts downstream. Un-necessary disturbance to stream and river banks will be avoided to maintain existing vegetation and sedimentation.
Existing access roads will only be used for ingress and egress. Work will primarily be conducted from the upland berm, and in -stream as shown. Dead
and fallen trees will be utilized within the restoration and removed during the non -active bat season (Intra-Service Section 7). Materials will be staged on
uplands.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
During project implementation, best management practices (BMP's)/conservation measures will be implemented to reduce sedimentation into Three Top
Creek and the North Fork of the New River watershed. One of the purposes of the project is to stabilize and reduce existing sources of sediment. It is
expected that any project related effects of sedimentation will be insignificant in relation to existing input, and the overall long-term effect of the project
will be beneficial to all rare species. The design attempts to minimize sediment and other potentially negative impacts through the following practices:
• The contractor will be required to mobilize all equipment and materials necessary for stabilization work before beginning any stream work. The
contractor will also be required to stage and store equipment and materials outside of the riparian buffers (100 linear feet from top of banks). Equipment
will be well maintained, cleaned prior to mobilization, and checked daily for leaks of petroleum products. Fueling will be performed in a contained area at
least 200 feet from surface waters. An emergency spill plan will be required. A contingency plan will be developed for the use of all hazardous materials,
including spill containment, clean up, and notification of the appropriate regulatory agencies and water purveyors in the event of a problem. Spill kits,
sorbents, and containers for disposal should be retained on the site. The installation of erosion control measures and practices will occur prior to land
disturbing activities. Sediment fence will be installed on the streamside of stockpiles and staging areas. Sediment fence will be installed along the toe of
the slope of disturbed areas within the stream channel as needed to control siltation into surface waters. The engineer will be required to stage work
such that disturbed areas will be stabilized with seeding, mulch and biodegradable (coir) erosion control matting (where appropriate) prior to the end of
each workday. No erosion control matting, or blankets will contain synthetic (netting) materials. Selection of temporary seed mixture species to plant
shall be according to optimal planting dates, and a combination of heat and cold tolerant species to maximize germination rates. Permanent seed
mixtures will include those species native to the area and suitable for riparian plantings and site conditions and will be broadcast at recommended
application rates. Selection of species for permanent seed mixture shall include optimal planting dates and soil drainage adaptation. Selection of native
woody plants (live stakes and seedlings) will include those adapted to site conditions.
All trees, utilities and other site features will be protected unless marked for removal or relocation. All work in or adjacent to stream waters will be
conducted in a dry work area to the extent possible. Sandbags, cofferdams, bladder dams, or other diversion structures should be used to prevent
excavation in flowing water. These diversion structures will be removed immediately after the instream work is finished. A pump around operation will be
used to divert flow during construction when practical.
Construction will be timed to occur during low water events for the channel.
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:
This is a voluntary habitat restoration project funded by the USFWS Partners for Fish and Wildlife Program, NC DWR, and NC Land and Water Fund.
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:
It is privately owned properties and not located within the protected riparian buffer protection areas.
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
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
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Yes No
N/A - project disturbs < 1 acre

3. Stormwater Requirements
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of
downstream surface waters.*
Stormwater Management Plan Antidegradation Calculations
Comments:
This is a habitat stream restoration project, not a development project. It will not include housing structures. The stream will remain where it is located currently. A stormwater management
plan is not included and do not believe it is required. If additional information or Antidegradation calculations we will work with you and the engineer.
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
1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?
Yes No
Comments: *
The federal NEPA rules are required and fulfilled by USFWS. Please find NEPA compliance checklist from USFWS attached.
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.
We are hopeful this stream restoration project will remain resilient and stay in -place permanently without the need of future repairs. The additional
planting of riparian buffers will enhance and stabilize the banks and shade the trout stream.
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
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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?
IPAC, DKEY, USFWS Asheville ESFO. The Intra-Service Section 7 is completed and will be sent the the Corps representative. Determination NA- not
likely to adversely affect species reviewed with conservation measures.
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?
Essential Fish habitat is not shown on the NOAA Essential Fish Habitat 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? *
2/6/2023 ER-23-0168 INC Department of Natural and Cultural Resources review of the project are aware of no historic resources which would be
affected by the project.
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?"
NFIP FIRM Flood Insurance Rate Map NC Map No. 3710292600J, Effective Date 11/4/2009.
Miscellaneous
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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
BRRCD_Small Streams NEPA checklist signed.pdf
2.95MB
03.10.2023 3TC Design 100%.pdf
11.32MB
Agent Authorization form_Rognstad to USFWS.pdf
15.65MB
The Nature Conservancy(TNC)_AGENT _AUTHORIZATION_FORM_UT Three Top Creek_Ashe Go_signed_MNS.pdf
38.52KB
File must be PDF or KMZ
Comments
We propose to conduct construction to take place before April 1, 2024, and propose to minimize impacts. We will work with NCWRC to minimize impacts to trout and other aquatic species.
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:
Laura Fogo
Signature
Date
12/6/2023
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