20240056 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# *
20240056
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:
Veterans Park Streambank Restoration
1a. Who is the Primary Contact? *
Taylor Kiker, PWS
1b. Primary Contact Email: * 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
12/21/2023
Nearest Body of Water
Swannanoa River
Basin
French Broad
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.608464-82.335777
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
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
Please provide the date of the previous submission.'
3/22/2021
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
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
fig. 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:
Town of Black Mountain
2b. Deed book and page no.:
2c. Contact Person:
Josh Harrold
2d.Address
Street Address
160 Midland Ave
Address Line 2
City
Black Mountain
Postal / Zip Code
28711
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:*
josh. ha [e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Taylor Kiker
4b. Business Name:
Kimley-Horn and Associates
4c.Address
Street Address
200 South Tryon St
Address Line 2
Suite 200
city
Charlotte
Postal / Zip Code
28206
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Black Mountain
2. Project Identification
2a. Property Identification Number:
2b. Property size:
060983208900000
6.7
2c. Project Address
Street Address
Address Line 2
City
State / Province / Region
Postal / Zip Code
Country
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Swannanoa River
3b. Water Resources Classification of nearest receiving water:
C
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.
060101050602
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 project area is immediately adjacent to Veterans Park in Black Mountain, Buncombe County, North Carolina. Existing land use in the vicinity of the project includes a recreational park,
undeveloped forested land, Interstate 40, U.S. Highway 70, and single-family residences.
The original restoration project was designed and completed in July 2021 (SAW-2021-00704). In August 2021, Tropical Storm Fred damaged most of the recently completed project. This
application aims to repair the damage that occurred.

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).
SAW-2021-00704
4f. List the total estimated acreage of all existing wetlands on the property:
4g. List the total estimated linear feet of all existing streams on the property:
2005
4h. Explain the purpose of the proposed project: *
The overall goal of this project is repair damage done to the original restoration project.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
To meet the goals and objectives of the Veterans Park Streambank Restoration, stream enhancement and restoration activities will be conducted, resulting in 635 LF of permanent impacts
to non -wetland waters of the United States (WOTUS).
General construction equipment including bulldozers, excavators, front-end loaders, etc. will be used for construction purposes.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No 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:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: Clear Water Environmental Consultants
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?
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
u
F
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*
g1
Impact 1 - S1
Permanent
Other
Swannanoa River
Perennial
Both
35
215
Average (faeQ
(linear feet)
gp
Impact 2 - S1
Permanent
Other
Swannanoa River
Perennial
Both
35
30
Average (feet)
(linear feet)
S3
Impact 3 - S1
Permanent
Other
Swannanoa River
Perennial
Both
35
190
Average (feet)
(linear feet)
S4
Impact 4 - S1
Permanent J
Other
Swannanoa River
Perennial
Both
35
200
Aveage (feet)
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0

3i. Total permanent stream impacts:
635
3i. Total temporary stream impacts:
0
3i. Total stream and ditch impacts:
635
3j. Comments:
-Permanent Impact 1 — 215 linear feet (LF) to Stream 1 results from adding 165 LF of rock toe, reshaping the thalweg using existing material, and bank
grading.
-Permanent Impact 2 — 30 LF to Stream 1 results from adding a log sill to an existing log vane.
-Permanent Impact 3 — 190 LF to Stream 1 results from stabilizing an existing riffle, reshaping the thalweg using existing material, bank grading, and
adding 250 square feet (SF) of Class II rip rap for bank stabilization.
-Permanent Impact 4 — 200 LF to Stream 1 results from resetting a log vane slope, bank grading, and adding log sills to existing log vanes.
To meet the goals and objectives of the Veterans Park Streambank Restoration, stream enhancement and restoration activities will be conducted,
resulting in 635 LF of permanent impacts to non -wetland waters of the United States (WOTUS).
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:
All impacts are associated with stream restoration activities and will follow specific restoration protocols.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
practicable to reduce the overall impacts on the aquatic environment while staying within nationwide permit thresholds. The final plan demonstrates
maximum avoidance and minimization efforts. Impact Sites 14 were identified as those areas that demonstrate the largest failures and support the
greatest rehabilitation potential in lieu of a complete reconstruction of the project.
All sediment and erosion control measures will be removed upon completion of construction and the temporary areas of disturbance will be stabilized
and restored to pre -construction contours. The temporary haul road stream crossings will be integrated into the stream restoration activities and will be
removed upon completion of the construction project.
Authorization is requested under NWP 27 to allow stream restoration activities to be conducted "in the wet." Rock silt checks will be utilized at the
downstream end of every construction area to minimize downstream sediment transportation. Construction will occur only in areas no larger than what
can be stabilized in one day.
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:
Compensatory mitigation is not required under NWP 27.
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:
This site does not include nor is it adjacent to protected riparian buffers identified within one of the NC 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:
This project does not require a stormwater management plan.
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
O
N

Comments:*
This project utilizes local funds, and does not use federal or state land.
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.
The project is conducting stream restoration activities, all of which will improve the aquatic environment. The proposed activities will not result in any
additional development which might impact nearby downstream waters.
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?
A review of the North Carolina Natural Heritage Program (NCNHP) database on October 19, 2023, did not indicate known occurrences of threatened or
endangered species within the project boundary. A concurrence request letter was submitted to the USFWS on October 25, 2023. USFWS responded
on November 21, 2023, and concurred with "may affect, not likely to adversely affect" for NLEB. Additionally, USFWS considered Section 7 consultation
to be complete at that time and required no further information.
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?
North Carolina Natural Heritage Program Database
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?
Kimley-Horn consulted the North Carolina State Historic Preservation Office (SHPO) HPOWEB GIS service on October 30, 2023. No documented
architectural or historic sites of significance within the project boundary were identified.
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:
Fill is being removed along a berm outside of the stream and all FEMA requirements are being met.
8c. What source(s) did you use to make the floodplain determination?"
FIRM Panel 0609 (Effective January 6, 2010); Flood Risk Information System (FRIS)
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
_20231218_Veterans Park Streambank Restoration (SAW-2021-00704)_NWP 27.pdf 19.7MB
File must be PDF or KMZ
Comments
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:
Taylor Kiker
Signature
Date
12/21/2023
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