20240035 Ver 1_ePCN Application_20231221

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# *
20240035
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]
Joey Winston:Joey.Winston
Information for Initial Review
la. Name of project:
Bobby N. Setzer State Fish Hatchery Renovations
la. Who is the Primary Contact?*
Jon Swaim
1b. Primary Contact Email: *
1c. Primary Contact Phone:*
[e-mail]
[phone]
Date Submitted
12/21/2023
Nearest Body of Water
Davidson River, Cedar Rock Creek
Basin
French Broad
Water Classification
(WS-V, B; Tr, HOW), (B; Tr, HOW)
Site Coordinates
Latitude: Longitude:
35.284233-82.795754
A. Processing Information O
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Transylvania
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:
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
7 - Outfall Structures/ Intake
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
401 Water Quality Certification - Express
Riparian Buffer Authorization
2a. Name(s) on recorded deed:
N/A
2b. Deed book and page no.:
N/A
2c. Contact Person:
US Forest Service operated by North Carolina Wildlife Resources Commission - Brad Kleinmaier
2d.Address
Street Address
1720 Mail Service Center
Address Line 2
City
State / Province / Region
Raleigh
North Carolina
Postal / Zip Code
Country
27699
United States
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
brad. [e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Jon Swaim
4b. Business Name:
McGill Associates, PA
4c.Address
Street Address
1240 19th Street Lane NW
Address Line 2
City
Hickory
Postal / Zip Code
28601
4d. Telephone Number:
[phone]
4f. Email Address:
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
N/A
1c. Nearest municipality / town:
Brevard
2. Project Identification
2a. Property Identification Number:
9999-99-0154-000
2c. Project Address
Street Address
1401 Fish Hatchery Road
Address Line 2
City
Brevard
Postal / Zip Code
28768
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Davidson River, Cedar Rock Creek
3b. Water Resources Classification of nearest receiving water:
(WS-V, B; Tr, HQW), (B; Tr, HQW)
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.
060101050202
4. Project Description and History
2f. Fax Number:
State / Province / Region
North Carolina
Country
United States
4e. Fax Number:
2b. Property size:
36.56
State / Province / Region
North Carolina
Country
United States
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 Setzer Hatchery is located off of U.S. Hwy 276, about 12 miles from Brevard and 37 miles from Asheville, North Carolina. Setzer is a Coldwater rearing facility which produces North
Carolina Wildlife Resources Commission rainbow, brook and brown trout. Constructed in 1957, the hatchery is comprised of a hatchery building and 24 outdoor rearing raceways. The
hatchery was acquired from the U.S. Forest Service (USFS) in 1983. The hatchery is located within the Pisgah National Forest.
a

4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
O Yes OO No O Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.062 Acres
4g. List the total estimated linear feet of all existing streams on the property:
4.778 acres
4h. Explain the purpose of the proposed project:
The primary limitation of current production capability and efficiency results from the inability to effectively and consistently utilize the production volume with the current raceway layout.
Available water supplies are inconsistent, unfiltered, and utilization is limited by the existing piping. Seasonal water flow variations and temperatures will continue to exist and while water
supplies can be enhanced, the existing concrete raceways present severe production challenges and need to be reconfigured. Based on volume alone, the existing raceway production
could approach 500,000 lbs. However, within the existing raceways, water exchange rates are consistently too slow and oxygenation capacity is insufficient to utilize the full volume of the
system.
The proposed improvements to the hatchery have the desired goal of replacing the dated and failing infrastructure, while improving operational efficiency and healthy yield of the fish. This
will be accomplished by improving the water supply reliability, improving the water quality, rehabilitating the existing process components that are to remain, constructing new raceways,
constructing a new hatchery building and restricting predatory wildlife access.
The proposed new raceway layout will allow for enhanced and better oxygenation capacity and control, effective waste management, and the ability to fully utilize the production volume
within the system. Site and water limitations preclude substantial increases in production tank volume; however, the proposed improvements will allow full and efficient volume utilization.
Additionally, the proposed new raceway layout will add six broodstock tanks to the system, freeing production tank volume and satisfying the projected need to hold 10,000 to 11,000
pounds of broodstock.
Hatchery building enhancements will also contribute to improving facility management, fish production efficiency, and consistency. The Hatchery Building will be made up of three main
areas: administration, production, and production support. The administration areas will be located closest to the raceways and site entrance, with production and production support areas
located at the rear of the building. A mezzanine area for water treatment and distribution will be provided that is open to the main tank room.
The proposed improvements to the hatchery have the desired goal of replacing the dated and failing infrastructure, while improving operational efficiency and healthy yield of the fish. This
will be accomplished by improving the water supply reliability, improving the water quality, constructing a new hatchery building, constructing new raceways and cover structures, and
rehabilitating existing process components that are to remain.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The reliability and volume of the water supplies and water quality to the raceways will also be improved as part of this project due to the multiple modifications. These modifications include
intake rehabilitations and improvements, transmission line improvements, heavy grit separators, increased water reuse from the hatchery building, water blending for a more consistent
supply quality, and increased capacity in the recirculation system.
The existing hatchery building will be demolished and replaced with an updated hatchery building with new administration, production, and production support areas. The new building will
come equipped with additional tankage, which will allow for an extended growth period for fingerling trout. The improved layout which more efficiently connects operations and personnel
facilities will increase staff efficiency and biosecurity within the hatchery. The building will also house the new water treatment equipment. This includes a new water chiller for improved
temperature control for the hatching trays, a new degassing tower for removal of carbon dioxide (CO2) and nitrogen from the groundwater, a new drum screen for sediment control in the
fingerling tanks and a new UV disinfection system to neutralize pathogens.
The proposed new raceway layout will allow for enhanced and better oxygenation capacity and control, effective waste management, and the ability to fully utilize the production volume
within the system. Limited space and the hydraulic conditions of the site preclude substantial increases in production tank volume, but improvements to the raceways and flow rates will
allow for more efficient volume utilization. The new raceways will have more and improved low head oxygenators (LHOs) which will increase production capacity. They will also have
increased settling, otherwise known as quiescent zones within the tanks, which will improve water quality for downstream raceways by limiting carry over of food and fish waste. The waste
collected in these zones will then be directed to a gravity drain system for flow to the effluent waste treatment system. The effluent waste treatment system will consist of a pump station,
building, and filtration system to remove fish waste prior to discharge to the river.
The broodstock fish, which is the group of mature individuals used for breeding purposes by the hatchery, are currently housed in the production raceways. As part of this project, new
broodstock raceways will be constructed in order to create more room in the production raceways for trout that will be stocked. The proposed new broodstock raceway layout will add six
broodstock tanks to the system, freeing production tank volume and satisfying the projected need to hold 10,000 to 11,000 pounds of broodstock. This will also allow the tanks to be
specifically designed for housing broodstock, since they have different requirements than production fish.
Both the new production and broodstock raceways will have a steel cover structure with metal roofing that will drastically reduce heat gain in the summer and early fall when source water
temperatures are at their highest. This is imperative for fish health during these months. Working conditions for hatchery staff will also be improved by these cover structures. The sides of
the structure will be secured with chain -link fencing from the eve of the structure to the ground to prevent predation and control access.
The two primary components that will remain in place and be upgraded will be both intake structures and the recirculation system. The intakes will undergo miscellaneous structural repairs
and will be fitted with new screens. The capacity of the recirculation system will increase, and a new line will be added to deliver water just downstream of the Davidson River dam as
needed.
All temporary impacts (S1, S2, S4, S6) are associated with flow diversion for outfall pipe and precast concrete headwall installation so that all instream work can occur in the dry. Flow will
be diverted using temporarily placed aqua dams, coir logs, concrete barriers, or other engineer approved material. Special care to be taken during placement and removal to reduce
stream bed impacts. Any impacted stream bed areas to be returned to original conditions using native material.
Impact S3 will result in 170 square feet (20 linear feet) of permanent stream impacts to the Davidson River. A 36-inch DIP wastewater discharge pipe and precast concrete headwall is
proposed to be installed into the river bank and river bed. Impact S5 will result in 34 square feet (15 linear feet) of permanent stream impacts to the Davidson River. A 30-inch HDPE
stormwater discharge pipe and precast concrete headwall is proposed to be installed into the river bank and river bed. Headwalls have been designed to sit into the stream and river bank
as much as practical to limit bed impacts and have been set at an invert elevation to match ordinary high water preventing bed scour.
All disturbed river banks to be returned to original contours and elevations and stabilized with native riparian seed mix, native live stakes, and fully biodegradable matting. Plantings will be
allowed to naturalize.
Typical earth moving and hauling equipment such as dump trucks, front end loaders, and excavators will be used for project work. See attached plan set for erosion and sediment control,
stormwater, and grading plans. See notes and details for construction sequencing and planting specifications.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No O Unknown

Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
N/A
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Jon Swaim/Alex Lowdermilk
Agency/Consultant Company: McGill Associates, PA
Other: 4/18/2023
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?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
F 1
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
Flow Diversion
Temporary
Workpad/Causeway
Cedar Rock Creek
Perennial
Both
12
50
Average (feet)
(linear feet)
gy
Flow Diversion
Temporary
Workpad/Causeway
Davidson River
Perennial
Both
25
108
Averege (feet)
(linear feet)
S3
Headwall
Permanent
Fill
Davidson River
Perennial
Both
25
20
Averege (feet)
(linear feet)
S4
Flow Diversion
Temporary
Workpad/Causeway
Davidson River
Perennial
Both
25
56
Average (feet)
(linear feet)
S5
Headwall
Permanent
Fill
Davidson River
Perennial
Both
25
15
Averege (feet)
(linear feet)
S6
Flow Diversion
Temporary
Workpad/Causeway J
Davidson River
Perennial
Both
25
118
Averege (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
35 332
3i. Total stream and ditch impacts:
367
3j. Comments:
See attached Impact Maps.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Project was designed to utilize existing hatchery infrastructure and limit ground disturbance to previously disturbed areas. No wetland impacts
associated with project. Stream impacts limited to new and existing stream outfall locations. Outfalls designed to be installed within streambank and
situated to release flow downstream. Concrete headwalls designed to withstand high flow events and reduce bank erosion.
0
`I

1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
All instream work to be completed in the dry using approved flow diversion techniques which can be removed from the stream bed with minimal
disturbance. Impacted stream banks to be returned to original contours and elevations and stabilized with native herbaceous and woody vegetation, and
allowed to naturalize.
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 does not exceed thresholds requiring compensatory mitigation for Nationwide Permit 7.
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 River Basin which is not subject to Riparian Buffer Protection Rules.
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:
E&SC, NPDES, and Stormwater Plans currently under review by NCDEQ.
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:*
NEPA/SEPA environmental documentation in process by NCWRC and US Forest Service.
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.
No additional development anticipated as a result of the proposed work.
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
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
Unknown
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?
USFWS Information for Planning and Consultation tool. The majority of the land disturbance associated with the proposed project consists of existing
infrastructure or previously disturbed and maintained turf grass areas. Areas of mature hardwood tree species which may provide roosting habitat for
listed bat species are planned to be removed. No iPAC species list species occurrence was found during site surveys November 2022 and April 2023.
No wetland impacts are planned for the project. Stream impacts associated with new pipe outfall and headwall construction are minimal.
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 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?"
http://gis.ncdcr.gov/hpoweb/
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:
The Transylvania county ordinance does not require a no -rise study or hydraulic model for these
improvements since a floodway or non -encroachment zone does not exist. We anticipate
providing a narrative letter, detailed plans, a no -impact certification, and a floodplain
development permit application for this project. No further hydraulic or hydrologic modeling is
anticipated for this project. The Transylvania County Planning Department has reviewed the
conceptual plans and permitting approach and concurs with the permitting steps required. The
United States Forest Service Special Use Administrator has stated that USFS does not have any
additional flood related permitting requirements.
8c. What source(s) did you use to make the floodplain determination?"
https://fris.nc.gov
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
Selzer Fish Hatchery Heavy Sediment Removal System Memo (06-16-2023).pdf 1.84MB
Appendices.pdf 68.73MB
PreFile Request - Bobby N Setzer State Fish Hatchery - Renovation Project.pdf 169.83KB
File must be PDF or KMZ
Comments
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:
Jon Swaim
Signature
Date
12/21/2023