20240486 Ver 1_ePCN Application_20240327

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# *
20240486 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:
Pigeonroost Pond Modification
la. Who is the Primary Contact?*
David Pedersen
1b. Primary Contact Email:
[e-mail]
Date Submitted
3/27/2024
Nearest Body of Water
Pigeonroost Creek
Basin
Watauga
Water Classification
B
Site Coordinates
Latitude:
36.170799
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:
-81.821523
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: 03 - Maintenance
NWP Numbers (for multiple NWPS):
29
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:
John D. and Andromeda Williams
2b. Deed book and page no.:
2c. Contact Person:

2d. Address
Street Address
8954 Winged Bourne Rd.
Address Line 2
City
Charlotte
Postal / Zip Code
28210
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
David Pedersen
4b. Business Name:
Brushy Fork Environmental Consulting, Inc.
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. Project Information
1b. Subdivision name:
(if appropriate)
Pigeon Roost
1c. Nearest municipality / town:
Banner Elk
2. Project Identification
2a. Property Identification Number:
1869732093000
2c. Project Address
Street Address
1776 Pigeon Roost Rd.
Address Line 2
City
Banner Elk
Postal / Zip Code
28604
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Pigeonroost Creek
3b. Water Resources Classification of nearest receiving water:
B
3c. What river basin(s) is your project located in?
Watauga
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
TN
Country
USA
4e. Fax Number:
2b. Property size:
12.14
State / Province / Region
NC
Country
USA

3d. Please provide the 12-digit HUC in which the project is located.
060101030303
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 (36.170799°,-81.821523°) is located off of Pigeon Roost Rd. in Banner Elk, NC (Watauga County). The land -use in the vicinity of the project is rural -residential with some
hayfields and large forested areas. There are two streams on site: The first is Pigeonroost Creek, which runs SW to NE through the project site for 1,100 ± LF, where it crosses the
property line twice and flows back towards the center of the parcel and off -site to the North. From the pond, Pigeonroost creek splits into 2 channels for a short time after it flows
underground from the pond. The southernmost of these two channels is what was labeled UT2 at the time of the JD. The second stream is Unnamed Tributary to Pigeonroost Creek 1
(UT1), which runs S to N on the East side of the property for 530 ± LF. There are two wetlands on site: The first runs along the driveway and ties to UT1, following it North, a total size of
0.93 ± acres. The second is a 0.06 ± acre linear wetland that connects to Pigeonroost Creek in the center of the property. There is one 0.21 ± acre on-line pond (Pigeonroost Creek)
located near the western parcel boundary SW of the house. Currently, Pigeonroost Creek is degrading, the existing pond has excessive sediment accumulation, and the connected
barrel/riser system is inadequate.
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:
0.99
4g. List the total estimated linear feet of all existing streams on the property:
1630
4h. Explain the purpose of the proposed project:
The purpose of the project is to 1) restore 174 ± LF of Pigeonroost Creek, 2) enhance the existing pond through sediment removal and an auxiliary spillway, replace the pond riser and
extend/line the barrel under the house, and 3) expand the existing driveway while minimizing impacts to aquatic resources.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
f1) The proposed project will impact 147 ± LF of Pigeonroost Creek for stream restoration practices. Natural Channel Design structures will be installed along the Pigeonroost Creek and
degraded streambanks will be benched and planted with native riparian plant species. These practices will improve aquatic habitat, increase streambank stability, and decrease
sedimentation. 2) The pond work will entail: excavation of accumulated sediment, replacement of the degraded riser, slip lining the barrel (which passes under a residential structure),
extension of the barrel 10 feet for stability around footings of residence, and installation of a open channel emergency spillway. This emergency spillway/pipe installation will impact 0.017 ±
acres of Wetland 1 on the Eastern property boundary. The damaged barrel will be extended and lined by Federal EC, LLC. while the riser will be replaced. Excavated pond material will be
placed in the lower field and 0.011 ± acres of Wetland 2 will be impacted . 3) The proposed driveway expansion will involve impacting 0.059 ± acres of the roadside area of wetland 1 to
allow for safe vehicular passage. The heavy equipment used for this project may include skid steers, track hoes, and dump trucks. Only well -maintained equipment will be used.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
Comments:
see attached JD report
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, Caleb Crowell, David Pedersen
Agency/Consultant Company: Brushy Fork Environmental Consulting, Inc.
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
2. Wetland Impacts

2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.
2d. W. name
2e. Forested"
rf.) Type of Jurisdicition *
W1
of driveway
P
Seep
Wetland 1
No
Corps
0(059
sFilling
houlder
)
W1
Spillway Outlet
P
Seep
Wetland 1
No
Corps
0.017
(acres)
W2
Spoils
P
Seep
Wetland 2
No
Corps
0.011
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.087
2g. Total Permanent Wetland Impact
0.087
21. Comments:
0.059 ± acres of Wetland 1 will be impacted for the proposed expansion of a driveway. 0.017 ± acres of Wetland 1 will be impacted for the installation of
the pipe/auxiliary spillway outlet. 0.011 ± acres of Wetland 2 will be impacted to fill the lower field with pond spoils.
3. Stream Impacts
❑
S1
3a. Reason for impact (?)
Restoration/enhancement
3b.lmpact type "
Permanent
3c. Type of impact*
Bank Stabilization J
3d. S. name*
Pigeonroost Creek (UT2)
3e. Stream Type* �[3f.
(?)
Perennial
Type of3h.
urisdiction*
Both
Averge (feet)
Impact
length*
147
(linear feet)
S2
Extension of barrel
Permanent
_]
Culvert
Pigeonroost Creek (UT2)
Perennial
Both
Average (feet)
10
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
157
31. Total stream and ditch impacts:
157
3i. Total temporary stream impacts:
0
3j. Comments:
147 ± LF of Pigeonroost Creek will be impacted for the proposed installation of Natural Channel Design structures and benching of streambanks. 10 LF
of Pigeonroost Creek will be impacted for the extension of the pond barrel.
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:
Pond flow will be diverted around the work area during excavation of accumulated sediment and all riser/barrel retrofitting as well as stream
enhancement. All disturbed areas will be seeded with temporary and permanent cover immediately upon completion (see Plan sheet C10).
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
All pond excavation will be performed in the "dry" with flow diverted around the work area. All in -stream enhancement will be performed with flow
diverted around work area. Heavy equipment will work from the banks whenever possible and will only work in the channel when absolutely necessary.
Only well -maintained equipment will be used and no leaks will be tolerated. All disturbed areas will be immediately seeded upon completion, coir matted,
and stabilized at the end of each construction day. Native riparian livestaking will occur in the stream buffer once completed.
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 is not a mitigation project and no credits are involved.
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
Q
u
If no, explain why:
The project is not located near any protected riparian buffers.

2. Stormwater Management Plan
2a. Is this a NC DOT project subject to compliance with NC DOT'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.
No additional development is 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
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?
USFWS IPaC consultation (online)
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 (online)
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?
NC SHPO (online)
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 FIRMette
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
Pigeonroost_Reduced.pdf 14.26MB
File must be PDF or KMZ
Comments
Attachments:
1) Army Corps Cover Sheet
2) Agent Authorization form
3) Site Maps (Parcel, FIRMette, Topographic, Soils, NC SHPO, and NWI)
4) Site Plans
5) Site Photosheets
6) Jurisdictional Determination Information
7) USFWS Correspondence Letter
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 INC 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:
Adam Williams
Signature
alle1w 9U zwd
Date
3/27/2024
O