20240305 Ver 1_ePCN Application_20240220

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# *
20240305
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
Seren Homer:Seren.Homer
Information for Initial Review
la. Name of project:
Vanderpool Creek Restoration
la. Who is the Primary Contact?*
Adam Williams
1b. Primary Contact Email: * 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
2/20/2024
Nearest Body of Water
Vanderpool Creek
Basin
Watauga
Water Classification
C
Site Coordinates
Latitude:
Longitude:
36.261693°
-81.755712'
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
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:
Vanderpool Farms, LLC (Marjorie Hrozencik)
2b. Deed book and page no.:
1839/690
2c. Contact Person:

2d. Address
Street Address
885 Vanderpool Road
Address Line 2
City
Vilas
Postal / Zip Code
28692
2e. Telephone Number:
[phone]
2g. Email Address:"
[e-mail]
2a. Narri on recorded deed:
Miller, Ryan Arthur; Miller, Carrie Annette
2b. Deed book and page no.:
1950/235
2c. Contact Person:
2d.Address
Street Address
338 Vanderpool Rd.
Address Line 2
City
Vilas
Postal / Zip Code
28692
2e. Telephone Number:
[phone]
2g. Email Address:
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Adam Williams
3b. Business Name:
Brushy Fork Environmental Consulting, Inc.
3c.Address
Street Address
10565 US Hwy 421 South
Address Line 2
City
Trade
Postal / Zip Code
37691
3d. Telephone Number:
[phone]
3f. Email Address:"`
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Adam Williams
4b. Business Name:
Brushy Fork Environmental Consulting, Inc.
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
Watauga
2f. Fax Number:
State / Province / Region
TN
Country
USA
3e. Fax Number:

4c. Address
Street Address
10565 US Hwy 421 South
Address Line 2
City
Trade
Postal / Zip Code
37691
4d. Telephone Number:
[phone]
4f. Email Address:"
[e-mail]
C. Project Information and Prior Project History
1. Proiect Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality I town:
Vilas, NC
2. Project Identification
2a. Property Identification Number
1982857928000,1982669177000,
1982658298000,1982669412000,
State / Province / Region
TN
Country
USA
4e. Fax Number:
1982846474000, 1982647449000,
2b. Property size:
1982764134000
140.15
2c. Project Address
Street Address
338, 394, and 476 Vanderpool Rd.
Address Line 2
City
State / Province / Region
Vilas
NC
Postal / Zip Code
Country
28692
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
Vanderpool Creek
3b. Water Resources Classification of nearest receiving water:
C
3c. What river basin(s) is your project located in?"
Watauga
3d. Please provide the 12-digit HUC in which the project is located.
060101030302
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 site (36.261693°,-81.755712°) consists of six (7) parcels, totaling 140.15 ± acres of privately -owned hayfield property and one residential parcel along Vanderpool Road and
Charlie Thompson Road in Vilas, NC (Watauga County). In the immediate vicinity of the project site, primary land -use includes hayfields, pasture and rural residential property. Vanderpool
Creek (3825 ± LF) runs southeast to northwest, continues west past the Subject Property to its convergence with Cove Creek along Old US Hwy 421. Within the extent of the Subject
Property, the banks along Vanderpool Creek are poorly vegetated and are experiencing severe erosion, which has led to land -loss and sedimentation. Additionally, there are two unnamed
tributaries to Vanderpool Creek. The first of these (UT 1; 100 ± LF) feeds into Vanderpool Creek on property from underneath Vanderpool Rd., between the upstream bridge and
downstream covered bridge. UT2 (990 ± LF) runs North -South alongside Charlie Thompson Rd. on the Western edge of the property and converges with Vanderpool Creek offsite. No
wetlands are present on the property.
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:
0
4g. List the total estimated linear feet of all existing streams on the property:
4915 ± LF

4h. Explain the purpose of the proposed project:*
The purpose of this project is to restore stream and riparian habitat as well as enhance the project reaches through the implementation of Natural Channel Design. Natural Channel Design
structures will be installed to stabilize areas with increased shear stress, maintain a stable profile with suitable riffle/pool sequences, and create aquatic habitat.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The purpose of this project is to restore stream and riparian habitat and as well as enhance the project reach through the implementation of Natural Channel Design. Natural Channel
Design structures will include J Hooks, cross vanes, root -wad and boulder revetments, rock sill/steps, and toe -wood. Banks will be sloped back and stabilized using coir matting and live
stakes. A riparian buffer of native tree and shrub species will be planted. Equipment for this proposed construction includes track -hoes, skid -steers, and dump trucks. Only well -maintained
equipment will be used and no leaks will be tolerated.
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:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Adam Williams
Agency/Consultant Company: Brushy Fork Environmental Consulting
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
ta. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
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*
length*
gf
Restoration
Permanent
Bank Stabilization
UT 1
Perennial
Both
13
100
Averege (feet)
(linear feet)
S2
Restoration
Permanent
Bank Stabilization
UT 2
Perennial
Both
10
990
Average (feet)
(linear feet)
S3
Restoration
Permanent
Bank Stabilization
Vanderpool Creek
P
Perennial
Both
18
3,825
Averege (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet
0
31. Total permanent stream impacts: 31. Total temporary stream impacts:
4,915 0
3i. Total stream and ditch impacts:
1093
3j. Comments:
4915 ± LF of total stream impacts are necessary for stream restoration practices.
E. Impact Justification and Mitigation O
1. Avoidance and Minimization

1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The proposed work and impacts are intended to restore approximately 4915 LF of stream bank along Vanderpool Creek and its tributaries while
minimizing impacts to aquatic resources. Design measures to minimize impacts include installation of natural channel design structures that will improve
stream stability and provide habitat. All disturbed buffer areas will be immediately seeded upon completion, matted with coir matting, and stabilized at
the end of each construction day.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
All stream bank disturbances will be stabilized same day, covered with coir matting, and live -staked to reduce sedimentation during construction. Only
well -maintained equipment will be used and there will be no tolerance for leaks. Equipment will work from streambanks whenever possible and from the
channel only when absolutely necessary. Following construction, the banks of the restored channel will be seeded with a native floodplain mix
(permanent seed). Live stakes and matting staples will be used to secure the coir matting in these high -stress areas. The forested riparian buffer will be
planted with a variety of native trees following construction. Boulders will be placed upstream of work areas as to divert direct flow and decrease site
sedimentation.
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:
This project proposes to restore streams and riparian habitat and does not require Compensatory Mitigation.
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:
The proposed project is not located near or adjacent to protected riparian buffers.
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:
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
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.
Additional development is not anticipated at this time.
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?
NRCS is the lead federal agency and will handle the coordination with USFWS.
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?
NRCS is responsible for the Cultural Resources review and consultation.
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?
FEMA Floodplain Mapper
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
Vanderpool Non -Notifying NWP 27_Reduced.pdf 45.13MB
File must be PDF or KMZ
Comments
Appendices to PCN submittal:
1) Agent Authorization Forms
2) Site Maps
3) Construction/Site Plans
4) Site Photosheets
5) NRCS documentation - MOA/CPA-52
6) Wetland Determination
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");
L

• 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:
Adam Williams
Signature
00!i 11111 l%ll�llr WId
Date
2/20/2024