20240098 Ver 1_ePCN Application_20240110

DW R
DHlsloo 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# *
20240098 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
1a. Name of project:
Living Falls
la. Who is the Primary Contact?*
Sherri Williams
1b. Primary Contact Email:* 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
1 /10/2024
Nearest Body of Water
Unnamed Tributary Cove Creek
Basin
French Broad
Water Classification
C,Tr
Site Coordinates
Latitude: Longitude:
35,60013 83,06143
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Haywood
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
29 - Residential Developments
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:
Steven Cantera Irrevocable Trust
2b. Deed book and page no.:
Book 948, Page 747
2c. Contact Person:
2d.Address
Street Address
42 Living Falls Cove
Address Line 2
city
Waynesville
Postal / Zip Code
28785
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]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Waynesville
2. Project Identification
2a. Property Identification Number:
7699-37-5998
2c. Project Address
Street Address
42 Living Falls Cove
Address Line 2
city
Wanynesville
Postal / Zip Code
28785
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Unnamed Tributary Cove 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.
06010105
4. Project Description and History
2f. Fax Number:
2b. Property size:
48.02
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: *
Many years ago, Haywood County installed a culvert to direct unnamed tributary Cove Creek water beneath Sutton Town Road and onto my property. This culvert directed the tributary
water into my low lying basin which then made a path to the creek below the basin. Over the 8 years we have owned our property the basin became cluttered with fallen trees, branches
and weeds. To insure that the tributary water would reach the the creek, the trees branches and weeds had to be removed from the basin. Substantial erosion fencing was installed along
the creek. To avoid having to repeat this process throughout the years we removed everything cluttering the basin to allow the natural flow of tributary water into the existing creek but the
water would collect in the low end of the clean basin. At this juncture the only remaining choice was to dam around the basin and install an NSF rated pond liner to property collect the
water and insure that the exact amount of water entering the basin was the same amount of water leaving the basin and flowing into the creek.
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:
875
4h. Explain the purpose of the proposed project:*
To insure that the tributary water entering our land from a culvert installed by Haywood County amny years ago would continue to flow into the creek below the cluttered basin on our land.
There is a 10 car garage, a 2 BR/26th guest house and the main house with no source of fire suppressant! The Fire Marshall stated that a small pond is necessary as there no hydrants or
other sources of adequate water supply in case of a fire.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
Many years ago, Haywood County installed a culvert to direct mountain water runoff aka unnamed tributary Cove Creek beneath Sutton Town Road and onto my property. This culvert
directed the tributary water into my low lying basin which then made a path to the creek below the basin. Over the 8 years we have owned our property the basin became cluttered with
fallen trees, branches and weeds. To insure that the tributary water would reach the the creek, the trees branches and weeds had to be removed from the basin - with a trackhoe -
Substantial erosion control fencing was installed along the creek.To avoid having to repeat this process throughout the years we removed everything cluttering the basin to allow the
natural flow of tributary water into the existing creek but the water would collect in the low end of the clean basin. An NSF rated pond liner was installed and a small dam was built to insure
that the pond would properly collect the water and insure that the exact amount of water entering the basin was the same amount of water leaving the basin and flowing into the creek.The
only impact on the land was to restore an unencumbered flow of the tributary into the creek as it was originally designed by Haywood County. Neither the tributary nor the creek were
disturbed.
O

5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No
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?
Unknown
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?
NO
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
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
To restore flow
Permanent
Stabilization ]ffrek
Perennial
DWR
3
Average (feet)
5
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
5 0
3i. Total stream and ditch impacts:
5
3j. Comments:
Neither the unnamed tributary nor the nearby creek were touched or disturbed during the process of cleaning out the cluttered basin. We had to build a
dam (so the water would not become stagnant in the low end of the basin) to restore the flow of the tributary into the creek as it was originally intended.
This should explain the answers below.
5. Pond or Lake Construction
5a. Pond ID number 5b. Proposed use or purpose of 5c. Wetland
pond impacts
(acres)
Flooded Filled
P1 Other
P2
5d. Stream
impacts (feet)
Excavated Flooded Filled Excavated
60 0 0
5f. Total:0 60 0 0
5e. Upland
(acres)

5g. Comments:
Neither the tributary nor the creek were disturbed in process of cleaning out the basin.
5h. Is a dam high hazard permit required?
Yes No
If yes, permit ID no:
51. Expected pond surface area (acres): 5j. Size of pond watershed (acres):
.041 .0025
5k. Method of construction:
Removed debris from basin and backfilled surrounding walls
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:
The cluttered basin was converted to a pond to insure that the same amount of water from the unnamed tributary formerly entering the basin was leaving
the basin and entering into the creek as it had before.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Neither the tributary or the creek were disturbed. As a precaution a Y shaped culvert was installed at the mouth of the unnamed tributary Cove Creek
entering the basin as a failsafe.
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:
Haywood County created this issue by terminating the culvert carrying the tributary water into a basin on private land. This basin became clogged with dead trees, branches and
overgrowth. Clearing the basin and creating a small pond insured that the same amount of water entering from the tributary was again entering the creek.
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:
Does not apply
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?
Yes No
N/A - project disturbs < 1 acre
Comments:
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
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
O
a

2b Provide an explanation of the violation(s):
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 can be done as the purpose of the project was simply to restore tributary water flow to the creek.
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?
https://www. ncwild life.org/Portals/0/Conserving/documents/Protected-W i ldl ife-Species-of-N C. pdf
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?
https://www. ncwi Id I ife.org/Portals/0/Conserving/documents/Protected-W i ldl ife-Species-of-N C. pdf
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?
https://www.hpo.nc.gov/about-historic-preservation-commissions
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?
https://msc.fema.gov/portal/search
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
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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:
Sherri Elaine Williams
Signature
Date
1/10/2024