20240015 Ver 1_ePCN Application_20231219

i 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# *
20240015
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:
UT Rock House Creek Restration
1a. Who is the Primary Contact?*
Jennings Environmental, PLLC, David Brown
1b. Primary Contact Email: * 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
12/19/2023
Nearest Body of Water
UT Rock House Creek
Basin
French Broad
Water Classification
C: Tr
Site Coordinates
Latitude: Longitude:
35.88189-82.06811
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Mitchell
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
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
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
fig. 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:
Dana Brown
2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
73 Morris Street
Address Line 2
City
Asheville
Postal / Zip Code
28806
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]
2a. Name(s) on recorded deed:
Deborah Lynn Lawrrence, Et Al
2b. Deed book and page no
2c. Contact Person:
2d. Address
Street Address
506 Rock House Creek Road
Address Line 2
city
Spruce Pine
Postal / Zip Code
28777
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Jonathan Hartsell
3b. Business Name:
Blue Ridge Resource Conservation & Development
3c.Address
Street Address
P.O. Box 782
Address Line 2
city
Spruce Pine
Postal / Zip Code
28777
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]
2f. Fax Number:
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:

C. Project Information and Prior Project History
O
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Spruce Pine
2. Project Identification
2b. Property size:
2a. Property Identification Number: Project site is 2.82 ac portion of larger 25.5 ac
PINS 0798-00-194203 and 0798-00-19-0973 tract
2c. Project Address
Street Address
506 Rock House Creek Road
Address Line 2
City
State / Province / Region
Spruce Pine
NC
Postal / Zip Code
Country
28777
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
UT Rock House Creek
3b. Water Resources Classification of nearest receiving water:
Q 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.
Nolichuky 06010108
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 property is in agricultural use. The land use in the vicinity of the property is rural residential, commercial, agricultural, and undeveloped forested tracts. The project site consists of an
approximate 2.82-acre corridor along UT Rock House Creek and two impoundments of the UT. The project site is currently comprised of pasture, two ponds, and a sparsely wooded
riparian buffer. The majority of the site is two farm ponds and the area around the ponds is currently used as pasture for cattle and has previously been used for growing Christmas trees.
Most of the UT in the project area is impounded or piped. The drainage area at the project site is approximately 0.04 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
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:
310 (existing stream channel not piped at dams or impounded)
4h. Explain the purpose of the proposed project: *
The objectives of the restoration activities is to remove the two dams and associated piping, construct a stream channel within the pond footprints, establish a native riparian buffer,
construct flood benches, and establish wetlands within the pond footprints by grading and planting. The proposed stream restoration project will restore 470 If of UT Rock House Creek.
This will improve the natural ecology of the stream and buffer.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
After removing the dams and draining the ponds, the new stream channel will be constructed 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, and an adjacent floodplain area. Most of the footprint of the ponds will be graded
and planted with a wetland seed mix. A new wet ford will be constructed in the UT above the ponds in order to provided access to the upper pastures. This will impact 15 feet of the UT.
Discharges to the UT for the ford will not require a permit and are considered exempt since the ford is for a farm/silviculture road stream crossing.
A minimum 35-ff native herbaceous and woody buffer will be planted in the riparian area to promote long-term stability, soil strength, and water quality benefits. Mature native trees along
the upper stream bank 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
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 determine proposed impacts to these aquatic features. Jennings Environmental is not
requesting the Corps make a jurisdiction determination of the aquatic features in the project area. The
upper pond (35.88199,-82.06803) is 0.84 ac in size and the lower pond (35.88177,-82.06732) is
0.74 ac in size. The ponds are impoundments of the UT.
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?
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
3. Stream Impacts
O
F
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*
S1
Stream restoration
Permanent
Other ]ffZck
House Creek
Perennial ]Both
Average (feet)
95
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
95 0
3i. Total stream and ditch impacts:
95
3j. Comments:
The 95 If feet of proposed stream impacts will occur to portions of the existing UT that is not impounded. The project will construct 470 If of new stream
channel.
4. Open Water Impacts
4a. Site #
Upper Pond
4a1. Impact Reason
Pond abandonment &
riparian restoration
4b. Impact type
t
4c. Name of waterbody
Upper Pond
4d. Activity type �114e.
Other
Waterbody type
Pond
4f. Impact area
0.84
Lower Pond
Pond abandonment &
riparian restoration
t
Lower Pond
Other
Pond
0.74
4g. Total temporary open water Impacts: 4g. Total permanent open water impacts:
0.00 1.58
4g. Total open water impacts:
1.58

4h. Comments:
The proposed 1.59 ac of impacts to open waters is for abandoning the two existing farm ponds and restoring the footprint of the ponds to natural riparian
conditions. Approximately 470 If of new stream channel will be constructed in the SW portion of the pond footprints with a planted riparian buffer. The
remaining pond footprints will be graded and planted with a wetland seed mix.
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.
All the new channel will be built offline and will be stabilized before turning the water into the new channel sections. Work will be conducted utilizing a
pump or pipe around system in order divert flows away from active work areas. Also, construction impacts will be minimized by limiting 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. 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 construct a more natural functioning stream system in the footprint of two farm ponds. 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
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 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.
a
O
n

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
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 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 sizable 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. There are forested areas within the project area. However, trees will be removed/cut for this project.
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
UT Rockhouse Creek Permit Drawing 2023-12-18.pdf 14.65MB
UT Rock House Creek Restoration Supporting Documents.pdf 8.33MB
File must be PDF or KMZ
Comments
Supporting Attachments:
Agent Authorization Form
Permit Design Drawings/Plans
Site Photographs and Figures
USGS StreamStats
Soil Map
Parcel Maps
USFWS IPaC
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
Date
12/19/2023
O