20240175 Ver 1_ePCN Application_20240124

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# *
20240175
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*
Winston-Salem Regional Office - (336) 776-
Select Project Reviewer*
9800
Saran Homer:Seren.Homer
Information for Initial Review
la. Name of project:
Mouth of Hardin Creek Restoration
la. Who is the Primary Contact?*
Jennings Environmental, PLLC, David Brown
1b. Primary Contact Email: *
[e-mail]
Date Submitted
1/24/2024
Nearest Body of Water
South Fork New River and UTs South Fork New River
Basin
New
Water Classification
C; +
Site Coordinates
Latitude:
36.21219
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Watauga
Is this a NCDMS Project
Yes No
Longitude:
-81.64937
1c. Primary Contact Phone:*
[phone]
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:
Watauga County
2b. Deed book and page no.:
2c. Contact Person:
Deron Geouque, County Manager

2d. Address
Street Address
814 West King Street
Address Line 2
City
Boone
Postal / Zip Code
28607
2e. Telephone Number:
[phone]
2g. 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]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Boone
2. Project Identification
2a. Property Identification Number:
Parcel ID 2910883456000
2c. Project Address
Street Address
300 Go Pioneers Drive
Address Line 2
City
Boone
Postal / Zip Code
28607
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
South Fork New River and UTs South Fork New River
3b. Water Resources Classification of nearest receiving water:
C; +
3c. What river basins) is your project located it *
New
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
9 ac portion of larger 88 ac tract
State / Province / Region
NC
Country
USA

3d. Please provide the 12-digit HUC in which the project is located.
Upper New 05050001
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 developed recreational and undeveloped open and wooded tracts. The land use in the vicinity of the property is residential, commercial, recreational, and undeveloped
open and forested tracts. The project site consists of an approximate 9 acre riparian corridor along a UT of the South Fork New River (locally called Hardin Creek). Hardin Creek has been
historically altered by past agricultural use and municipal development (utility/sewer easement and greenway). The existing stream banks at the project site are incised, eroding, and
undercut. The drainage area at the project site is approximately 1.44 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:
2.634
4g. List the total estimated linear feet of all existing streams on the property:
4,025
4h. Explain the purpose of the proposed project: *
The objectives of the restoration activities is to stabilize stream banks and channel, establish native riparian buffers, construct flood benches, reconnect the stream with the floodplain,
restore aquatic habitat, and to prevent additional soil loss to downstream surface waters. This will improve the natural ecology of streams, wetlands, and buffers at the project site.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Hardin Creek will be restored 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. The historical adjacent floodplain areas along Hardin Creek will be improved and restored by constructing low benches and removing
man-made berms. An existing piped stream crossing for the greenway on Hardin Creek will be removed and replaced with a bridge that will span the new stream channel.
A minimum 75-fit native herbaceous and woody buffer will be planted in the riparian areas to promote long-term stability, soil strength, and water quality benefits. Mature native trees along
the stream banks 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
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. See
the attached delination of wetlands and waters and the stream and wetlands map.
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
Unknown
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
2. Wetland Impacts

2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W."
2d. W. name
2e. Forested"
r(". Type of Jurisdicition *
)
2g• Impact
area's
W2
restoration 1p
Headwater Forest
W2
Yes
Both
0.001
(acres)
W3
restoration
P
Headwater Forest
W3
Yes
Both
1.000
(acres)
W4
restoration 1p
Headwater Forest
W4
Yes
Both
0.098
(acres)
W5
restoration
P
Headwater Forest
W5
Yes
Both
0.131
(acres)
W6
restoration
P
Headwater Forest
W6
Yes
Both
0.250
(acres)
W7
restration
P
Headwater Forest
W7
Yes
Both
0.055
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
1.535
21. Comments:
2g. Total Permanent Wetland Impact
1.535
The proposed restoration project will impact 1.535 acres of the existing wetlands. These impacts include grading for floodplain benches and construction
of a new stream channel. The grading of floodplain benches will not result in a loss of wetland area. The impacted wetlands in the floodplain benches will
be restored. The construction of the new stream channel will convert 0.39 acres of existing wetlands to stream. The project proposes to construction
0.41 acres of new addition wetlands in the riparian corridor.
3. Stream Impacts
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*
Ilength*
gt
Hardin Creek
Permanent
Other
Hardin Creek
Perennial
Both
15
2,380
Aveage (feet)
(linear feet)
S2
UT 1
Permanent
Other
UT 1
Intermittent
Both
2
80
Average (feet)
(linear feet)
S3
UT 2
Permanent
Other
UT 2
Intermittent
Both
60
Average (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts:
2,520
31. Total stream and ditch impacts:
142
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
la. 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.
O

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. Temporary
timber bridges will be used to cross Harden Creek and mud mats will be used when traversing existing wetlands. The areas at the temporary crossings
and mud mats will be restored after their use.
The new channel sections will be built offline from the existing channel and will be stabilized before turning the water into the new channel sections.
Work will be conducted in several sections of existing channel and will utilize a pump or pipe around system in order divert flows away from active work
areas. Also, construction impacts will be minimized by limiting in -channel 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. An erosion and sediment control plan will be
submitted to NC DEMLR for review and approval prior to construction. Erosion and sediment control details are included on the project plans.
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 reach to replace the degraded and unstable stream reach. 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 New River 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.
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? *
O
0
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
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?
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 conducted in
September 2023 indicated there are no caves, no cave like features, no sizeable rock cervices, and no out -buildings within the project area which may
provide roosting habitat. Also, the project area was checked for trees with cavities and/or rough/shaggy bark that could be potential bat roost. These
trees were noted and will be avoided unless they are a hazardous to construction. No evidence of bat use (guano, staining, physical observation, etc.)
was noted at the project area.
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. The forested areas of the project site could be used for roosting and/or foraging by northern long-eared bat (Myotis septentrionalis), gray
bat (Myotis grisescens), tricolored bat (Perimyotis subflavus), and Virginia big -eared bat (Corynorhinus townsendii virginianus). Bat species naturally
avoid areas where habitat disturbance activities (elevated noise, tree removal, etc.) are taking place. There are forested parcels adjacent to the project
site. It is expected any bat species that may be present at the site will migrate to forested areas in the vicinity.
Although use of heavy equipment will be required, no extreme percussive activities (blasting, pile -driving, etc.) will be conducted. Other activities that
produce noise or vibrations are expected to be short-term and would not exceed background conditions (e.g., thunderstorm and daily human activity that
bats are frequently exposed to when present on the landscape).
The stream restoration activities will remove 0.75 acres of trees greater than 3-inch dbh within the riparian corridor. The project schedule calls for tree
removal to be conducted when bats are unlikely to occur on the landscape (November 16 - March 14). Where possible large native trees within the
riparian buffer will not be cut. Also, trees that contain dead wood and deep crevices will be avoided when feasible. The stream buffer area will be
replanted with native herbaceous, shrub, and tree species.
There will be a minor short term disturbance to the wildlife habitats within the project area. However, the project will not destroy or negatively modify the
roosting and foraging habitat of the listed bats species. Long term this habitat should be improved by the stream restoration actions. Thus, the proposed
project should benefit or aid in the recovery of listed species. This project is expected to result in indirect positive benefits to listed bat species. The direct
effects of this action to bat species are believed to be discountable and the long term and cumulative effects of this action will be beneficial.
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
8b. If yes, explain how project meets FEMA requirements:
A no -rise certification has been submitted to Watuga County for review and approval.
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
Hardin Creek Permit Drawing.pdf 9.29MB
Site Information Photos and Figures.pdf 13.75MB
File must be PDF or KMZ
Comments
Supporting Attachments:
Agent Authorization Form
Permit Design Drawings/Plans
Site Photographs and Figures
USGS StreamStats
Soil Map
Stream and Wetlands Delineation and Map
Parcel Map
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
PAvip�"
Date
1/24/2024