20090682 Ver 1_401 Application_20090609

Q9-0682
o??F W ATF9OG
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PCN Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the
Corps:
®Section 404 Permit ? Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number:
__T 1 c. Has the NWP or GP number been verified by the Corps? ? Yes ® No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
If. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Dulin/Flora Project
2b. County: Ashe
R
2c. Nearest municipality / town: LZI
Jefferson, NC
U AN 1
2d. Subdivision name: 0 2009
Bent River Estates
2e. NCDOT only, T.I.P. or state
project no: DENR-WATER QUALITY
NA WETLANDS AND STQRIAWATER BRANCH
3. Owner Information
3a. Name(s) on Recorded Deed: Martin and Faye J Dulin (Two owners. See attached for second owner information.)
3b. Deed Book and Page No. 251, p 0706
3c. Responsible Party (for LLC if
applicable): Martin Dulin
3d. Street address: 7217 Leesburg Road
3e. City, state, zip: Charlotte, NC 28215
3f. Telephone no.: 704-536-2952
3g. Fax no.:
3h. Email address: [e-mail]
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name: Lynn Caldwell
5b. Business name
(if applicable): National Committee for the New River
5c. Street address: PO Box 1480
5d. City, state, zip: West Jefferson, NC 28694
5e. Telephone no.: 336-982-6267
5f. Fax no.: 336-982-6433
5g. Email address: [e-mail]
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 18294-050-002
Latitude: 36.490289 Longitude: -
1 b. Site coordinates (in decimal degrees): 81.437272
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 0.48 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to North Fork New River
proposed project:
2b. Water Quality Classification of nearest receiving water: C:+
2c. River basin: New
3. Project Description
3a. 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 is located in a developed residential area of medium density detached dwellings. The North Fork New
River is a linear drainage water body with unmanaged herbaceous cover on the streambank. The majority of the bank is
covered with grasses, briars, and some native woody shrubs. A one-lane gravel road runs between the houses and the
top of the steep bank. Sediment deposits in the middle of the North Fork New River at the site have directed the thalwag
close to the bank.The bank is undercut in this area with moderate erosion.
3b. List the total estimated acreage of all existing wetlands on the property:
0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Dulin: 85 feet; Flora: 60 feet for total 145 feet
3d. Explain the purpose of the proposed project:
To repair and stabilize eroding streambanks by reestablishing proper bank profiles through bank reshaping and with in-
stream structures, to improve water quality, to improve habitat for aquatic fauna and to improve the overall condition of
the riparian area along this section of the North Fork New River.
3e. Describe the overall project in detail, including the type of equipment to be used:
The riparian zone will be improved with a number of practices. Disturbed streambank sites will be reshaped to
approximately 2:1 slope. Bank sloping will reduce undercutting, improve the ability of vegetation to cover the slope, and
increase the stability of the bank. Two rock vanes will be constructed (see aerial map) to direct flow away from the bank
and toward the middle of the river.
During construction, equipment will access the stream only when absolutely necessary. For this project, it is anticipated
that most of the track hoe work can be accomplished from the top of the bank. However, equipment may need access the
stream during the construction when no other construction alternative exists.
After construction the streambank will be reseeded with a native all-purpose grass seed mix at the rate of 10 lb/acre.
Woody vegetation, including live stakes and rooted trees, will be planted along all disturbed areas and selected from a
mountain region species list. Native small tree/shrub species such as silky willow Salix sericea, silky dogwood Corpus
amomum, and elderberry Sambucus canadensis will be planted along sloped streambanks. On the upper banks native
rhododendron, mountain laurel, tag alder and river birch will be planted. There is no room for larger trees between top of
bank and road.
Disturbance of soils will be limited to what work can be accomplished and stabilized on a daily basis. After seeding, the
surface of the sloped bank will be covered with excelsior erosion control matting and anchored in place with wooden
survey stakes and landscape staples. Disturbed areas on level ground will be seeded and mulched with straw.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Comments: JD submitted to Army Corps of Engineers

? Yes ®No ? Unknown
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
? Preliminary ? Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Agency/Consultant Company:
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? ? Yes ® No ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands ® Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404 width (linear
Temporary (T) (INT)? ,
other) (feet) feet)
S1 ®P ? T Rock Vane North Fork New ® PER ® Corps 93 30
River ? INT ? DWQ
S2 ®P ? T Rock Vane North Fork New ® PER ® Corps 93 30
River ? INT ? DWQ
S3 EDP[] T Bank sloping North Fork New ® PER ® Corps 93 85
River ? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 145
3i. Comments:
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4E Total open water impacts 0
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.

Pond ID
Proposed use or purpose Wetland Impacts (acres) Stream Impacts (feet) Upland

b (acres)
num
er of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total 0
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ®No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, the n complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number- Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required.
B1 ?P?T ?Yes
? No
B2 ? P ? T ? Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The proposed work and associated impacts are intended to stabilize eroding streambanks on 145 linear feet of the Dulin and
Flora property on the North Fork New River. The stabilization was designed to do most of the work from the top of bank,
keeping equipment out of the river as much as possible.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
During construction, equipment will access the stream only when absolutely necessary. For this project, it is anticipated that
most of the track hoe work can be accomplished from the top of the bank. However, equipment may need access the stream
during the construction when no other construction alternative exists.
After construction the streambank will be reseeded with a native all-purpose grass seed mix at the rate of 10 lb/acre. Woody
vegetation, including live stakes and rooted trees, will be planted along all disturbed areas and selected from a mountain
region species list.
Disturbance of soils will be limited to what work can be accomplished and stabilized on a daily basis. After seeding, the
surface of the sloped bank will be covered with excelsior erosion control matting and anchored in place with wooden survey
stakes and landscape staples. Disturbed areas on level ground will be seeded and mulched with straw.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ? Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
? Mitigation bank
2c. If yes, which mitigation option will be used for this
project?
? Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 11
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no
explain why.
,
Comments: ? Yes ? No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? %
2b. Does this project require a Stormwater Management Plan? ? Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties

4a. Which of the following state-implemented stormwater management programs apply ? HQW
? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
1 b. 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 ? Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
NA
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ® Yes ? No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. El Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
US Fish and Wildlife Service website:http://www.fws.gov/nc-es/es/countyfr.html
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
hftp://ocean.floridamarine.org/efh_coral/ims/viewer.htm
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 ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
National Register of Historic Places athttp://www.hpo.ncdcr.gov/nrlist.htm;
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? -E-Dyes No
8b. If yes, explain how project meets FEMA requirements: It is shown on the map as a floodplain
8c. What source(s) did you use to make the floodplain determination? http://ashegis.ashecountygov.com/webgis/
Lynn Caldwell

Restoration Director, NCNR June 8, 2009
Applicant/Agent's Printed Name pplicant/Agent's Signature
(Agent's sign r is valid only N an authorization letter from the applicant Date
is provided.)
Page 11 of 11
PCN Form - Version 1.3 December 10, 2008 Version
John B and Judy R Flora
Deed Book and Page number: 338, p 0458
Responsible party: John B Flora
Subdivision Name: Bent River Estates
Address: 135 Frissell Drive, Whitsett, NC 27377
Telephone: [phone]
Fax: [phone]
Email: Ibenflora(a?gmail.com
Tax PIN: 18294-050-001
Property size: 0.45
T7 n a'l l ,0 esi ,:ate, Lynn Caldwell of-he National CanlTitoe
nor ih, i',vx River (NC:t R) to act as ray dudly authorized age:?t cc?t?ces,? ing aii ?f
-ALm-iy Cog* of Engincers and'NC TIE R pInniting regar&gg?th, st.re urban
,,storatio n project an Irsy p-,opeeny an n_ rre x7.1
Nl atn ;

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Army Corps of Engineers and NC DEN IR permitting regarding the streambank
restoration project on my property on name of stream in h? ( counts,
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