20181430 Ver 1_PCN Form Submission_20181019

DWR
MOM— of Water Resources
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
tial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
G Yes r No
Oiange only if needed.
BIMS # Assigned
20181430
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office*
Asheville Regional Office - [phone]
Information for Initial Review
1a. Name of project:
Margaret Pierce Streambank Stabilization Project
1a. Who is the Primary Contact?*
John Vilas
1b. Primary Contact Email:*
[e-mail]
Date Submitted
10/19/2018
Nearest Body of Water
South Toe River
Basin
French Broad
Water Classification
B; Tr; ORW
Site Coordinates
Latitude:
35.8097
FA. Processina Information
County (or Counties) where the project is located:
Yancey
Is this project a public transportation project?*
r Yes r No
Longitude:
-82.1982
1a. Type(s) of approval sought from the Corps:
* Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type (s) of permit(s) do you wish to seek authorization?
rJ Nationwide Permit (NWP)
F- Regional General Permit (RGP)
F Standard (IP)
Version# *
1
What amout is owed?*
r• $240.00
* $570.00
Select Project Reviewer*
Andrew Moore:eads\awmoore3
1c. Primary Contact Phone:*
[phone]

1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
F Non -404 Jurisdictional General Permit
F Individual Permit
03 - Maintenance
r 401 Water Quality Certification - Express
r Riparian Buffer Authorization
1e. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification: r Yes r No
For the record only for Corps Permit: r Yes r No
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
O Yes r No
B. Applicant Information
1d. Who is applying for the permit?
F_ Owner W Applicant (other than owner)
1e. Is there an Agent/Consultant for this project?
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Margaret Booth Pierce
2b. Deed book and page no.:
296/279
2c. Responsible party:
2d. Address
Street Address
P.O. Box 176 (no street address)
Address Line 2
CKY
Micaville
Postal / Zip Cade
28755
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
John Vilas
State / Frovinm / fbgion
North Carolina
Country
United States
2f. Fax Number:

3b. Business Name:
McGill Associates, P.A.
3c. Address
Street Address
1013 State Farm Road
Address Line 2
city
Boone
Fbstal / Zip Code
28607
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(ff appropriate)
1c. Nearest municipality/ town:
Hamrick
2. Project Identification
2a. Property Identification Number:
075600148902000
2c. Project Address
Street Address
7937 Highway 80 South
Address Line 2
cfty
Burnsville
Postal / Zip Code
28714
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
South Toe River
3b. Water Resources Classification of nearest receiving water:*
B; Tr; ORW
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.
060101080201
4. Project Description and History
State / Frwince / Flegion
North Carolina
Country
United States
3e. Fax Number:
2b. Property size:
1.50
State / Fbwince / Piegion
North Carolina
(buntry
United States
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 existing river bank consists of a small dry -laid rock wall, scattered river stones, and woody vegetation. The wasting wall is intended to stabilize the river bank adjacent to a
residential dwelling. In recent years the wall has been damaged by flood events. The land use for the site and adjacent properties is single-family residential.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
f Yes r No r Unknown
4d. Attach an 8 1/2X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
TOPO MAP.pdf 335.68KB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
SOIL MAP.pdf 318.53KB
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:

96
4h. Explain the purpose of the proposed project:*
The purpose of the project is to carry out necessary maintenance and repairs to an existing rock wall damaged during recent flood events. The wall is needed to prevent further erosion
of the stream bank which is near the foundation of a residential dwelling.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project will remove approximately 74 linear feet of existing dry -laid rock wall and replace with large boulders and bedding material. The work will be performed using heavy
construction equipment such as excavators and dump trucks. The work cannot be performed from upland areas because the existing house is too close to the stream bank and blocks
access. Therefore, an unvegetated cobble bar adjacent to the river will be used to access and temporarily station equipment to perform the required work. These activities may impact
the stream, but no excavation or fill will occur within the river bed. Work will only be performed during normal flow. Impacts to water quality associated with the project will be minimized by
the installation of erosion and sediment control measures.
4j. Please upload project drawings for the proposed project.
18-183 Margaret Pierce Streambank Project.pdf 1.98MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No f_ Unknown
Comments:
McGill Associates evaluated the site and found no wetlands. Delineation of ureter of the U.S. on the
property is attached.
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Jonathan M. Herman
Agency/Consultant Company: McGill Associates, P.A.
Other:
5d1. Jurisdictional determination upload
JD PACKAGE.pdf
6. Future Project Plans
1.55MB
6a. Is this a phased project?*
r Yes r 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?
NVA
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
F Wetlands W Streams -tributaries r Buffers
F Open Waters r 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*
i1 Wall Maintenance Temporary Rip Rap Fill South Toe River Perennial::] Both 1;;QE(_1_:)
::
31. Total jurisdictional ditch impact in square feet
0
31. Total permanent stream impacts: 31. Total temporary stream impacts:
0 74
31. Total stream and ditch impacts:
74
3j. Comments:
The stream will be impacted by the addition of temporary gravel or rip rap fill and a temporary construction route/workpad. The location of the existing
dwelling prevents the site from being accessed

E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
This project will involve temporary impacts to the bank and gravel/cobble bar along the South Toe River. No excavation or fill will occur within the
active flow portion of the river bed. These impacts will be minimal and the outcome of this project is meant to improve water quality by mitigating bank
erosion and instability concerns exacerbated by flooding. The proposed work is meant to reduce erosion, increase bank stability, and ensure the
safety of nearby residential dwellings.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Excavation of subgrade for the installation of boulders will be consecutive and continuous. Once each section of boulder installation begins, it will be
completed by the end of the work day. Disturbed areas of the streambank will be stabilized with permanent native seed mix immediately following
grading work.
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?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
There will be no permanent impacts to waters of the US.
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?
r Yes r No
If no, explain why:
The project is located within the French Broad watershed which does not have NC Riparian Buffer Protection Rules. However, the South Toe River is a designated Trout water so Trout
buffers apply.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
Comments:
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?*
r Yes r 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 (15ANCAC 2B.0200)?*
r Yes
r No
I Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes
r No
3b. If you answered "no," provide a short narrative description.
The project only involves maintenance and repair of an existing wall.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor 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?
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
r Yes r No
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
Sh. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
r 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.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS Critical Habitat Mapper for Threatened & Endangered Species Map (https://Ns.maps.arcgis.corr✓home/vvebmap/vievver.html?
webmap=9d8de5e265ad4fe09893cf75b8dbfb77); USFWS ECOS-IPaC website (https://ecos.fvr.govlipact)
Consultation Documentation Upload
Species List_ Asheville Ecological Services Field Office.pdf 551.8KB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA Essential Fish Habitat Mapper - https://www.habitat.noaa.gov/protection/efh/efhmapper/
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?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
North Carolina State Historic Preservation Office HPOWEB GIS Map - http://gis.ncdcr.gov/hpovveb/
7c. Historic or Prehistoric Information Upload
HISTORIC RESOURCES.pdf 104.39KB
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*
r Yes r No
8b. If yes, explain how project meets FEMA requirements:
The project is in a floodway. A No -Impact Certification will be obtained for the project. The project will replace an eAsting rock wall with a new rock wall
in the same location and elevation.
8c. What source(s) did you use to make the floodplain determination?*
FEMA Flood Map Service Center website - https://msc.fema.gov/portal/home
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
PHOTOSHEET.pdf 954.36KB
Signature
*

m By checking the box and signing below, I certify that:
• 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:
Jonathan M. Herman
Signature
Sign
Date
10/19/2018