20191156 Ver 1_NCWRC comments_20190925

Strickland, Bev
From: Andrew Bick <[e-mail]>
Sent: Wednesday, September 25, 2019 10:59 AM
To: Leslie, Andrea J; 'Brandee Boggs'
Cc: Moore, Andrew W; 'Jonathan Hartsell BRRCD'
Subject: [External] RE: Mitchell Br Restoration - NCWRC comments
Attachments: mitchell branch revised sheets 092519.pdf, Mitchell Branch PCN Revision Notes
092519.pdf
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Thanks Andrea.
Brandee and Andrew - as we discussed in the field yesterday, we'd like to extend the project upstream about 20 LF so
we can remove the mid -channel bar and address the left toe erosion upstream of the bridge. I'd also like to add another
riffle between the culverts and some coarse stone to the downstream side of the sewer pipe at the downstream end of
the reach.
Revised plan sheets showing this work are attached along with notes on the PCN. For simplicity's sake I increased the
impact length to 550 LF to cover the entire reach even though there may only be 430 or so LF of work done. If you have
concerns about this approach to permitting the work, please let me know.
Thanks for your time yesterday and for reviewing this new information.
Andrew Bick, PE I Principal Engineer
Headwaters Engineering, PC
45 Lotus Place
Asheville, NC 28804
828.606.0306
www.headwaters-eng.com
From: Leslie, Andrea J <[e-mail]>
Sent: Wednesday, September 25, 2019 9:55 AM
To: Brandee Boggs (Bra [e-mail])<[e-mail]>
Cc: Moore, Andrew W <[e-mail]>; Andrew Bick <[e-mail]>; Jonathan
Hartsell BRRCD ([e-mail]) <[e-mail]>
Subject: Mitchell Br Restoration - NCWRC comments
Hi Brandee-
Attached are NCWRC's comments on the Mitchell Br Restoration project.
Andrea

Andrea Leslie
Mountain Habitat Conservation Coordinator
NC Wildlife Resources Commission
645 Fish Hatchery Rd., Building B
Marion, NC 28752
828-803-6054 (office)
828-400-4223 (cell)
www.ncwildlife.org
Get NC Wildlife Update delivered to your inbox from the N.C. Wildlife Resources Commission.
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.

DWR
mrlslan of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
September 29, 2018 Ver 3
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered.
Also, if at any point you wish to print a copy of the E -PCN, all you need to do is right -click on the document and you can print a copy of the form.
Below is a link to the online help file.
https://edocs.deq. nc.gov/WaterResources/O/edoc/624704/PCN / 2OHelp % 2OFile % 202018-1-30. pdf
A. Processing Information
County (or Counties) where the project is located:*
Yancey
Is this project a public transportation project?*
f Yes r No
This is any publicly funded by rrunicipal,state a federal funds road, rail, airport transportation project.
1a. Type(s) of approval sought from the Corps:*
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
F_ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permits) do you wish to seek authorization?*
P Nationwide Permit (NWP)
r Regional General Permit (RGP)
F- Standard (IP)
This form may be used to initiate the standard/individual permit process with the Corps. Please contact your Corps representative concerning submittals for standard permits. All required items that
are not provided in the E -PCN can be added to the miscellaneous upload area located at the bottom of this form.
1c. Has the NWP or GP number been verified by the Corps?*
r Yes r No
Nationwide Permit (NWP) Number: 27 - Restoration
NWP Numbers (for multiple NWPS):
List all NN numbers you are applying for not on the drop down list.
1d. Type (s) of approval sought from the DWR:*
check all that apply
[7 401 Water Quality Certification - Regular
C Non -404 Jurisdictional General Permit
F Individual Permit
1e. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
r Yes r No
r 401 Water Quality Certification - Express
r Riparian Buffer Authorization
*
r Yes r No
r Yes r No
1g. 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
r Yes r No
Acceptance Letter Attachment
dickthe upload button a drag and drop files here to attach docurrent
FILETYFENI.6TBEFCF
1h. Is the project located in any of NC's twenty coastal counties?*

C Yes
r No
1j. Is the project located in a designated trout watershed?*
IT Yes r No
You must submit a copyof the appropriate Wildlife Resource Commission Office.
Link to trout information: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program Agency-Coordination/Trout.aspx
B. Applicant Information
1a. Who is the Primary Contact?*
Andrew Bick
2. Owner Information
2a. Name(s) on recorded deed:*
1c. Primary Contact Phone:*
1 b. Primary Contact Email: *
(xxx)xxx-xxxx
[e-mail]
[phone]
1d. Who is applying for the permit?*
R Owner
r Applicant (other than owner)
(Check all that apply)
1e. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:*
Yancey County
2b. Deed book and page no.:
179/279;114/516
2c. Responsible party:
(for Oxporations)
Ms. Lynn Austin
2d. Address*
Street Address
110 Town Square
State / Rwince / legion
Address Line 2
NC
Room 11
Country
Cty
State / Rwince / Fbgion
Burnsville
NC
Postal / Zip Cade
Country
28714
USA
2e. Telephone Number:*
(xxx)xxx-xxxx
[phone]
2f. Fax Number:
[phone]
(xxx)xxx-xx)0(
2g. Email Address:*
Lyn [e-mail]
4. Agent/Consultant (if applicable)
4a. Name:*
Andrew Bick
4b. Business Name:
(d applicable)
Headwaters Engineering, PC
4c. Address*
Street Address
45 Lotus Place
Address Line 2
Cty
State / Rwince / legion
Asheville
NC
Postal / Zip Code
Country
28804
USA

4d. Telephone Number:*
[phone] 4e. Fax Number:
( ) (xxx)xxx-xxxx
4f. Email Address:*
andrew@headw,aters-eng.com
Agent Authorization Letter*
Pease provide the Agent Authorization Letter if you are sulxritting this docunent.
signed agent form 082219.pdf 26.71 KB
FLETYPEN STBEFLF
Fc—.Project Information and Prior Project History
1. Project Information
1a. Name of project:*
Mitchell Branch Restoration
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality/ town:*
Burnsville
2. Project Identification
2a. Property Identification Number:
2b. Property size:
(tax RJ or parcel D)
(in acres)
082010279370000
2.18
2c. Project Address
Street Address
101 Mitchell Branch Road
Address Line 2
aty
State / Province / Region
Burnsville
NC
Postal / Zip Qxde
Oxuntry
28714
USA
2d. Site coordinates in decimal degrees
Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on howthe location was
determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.)
Latitude,* Longitude:*
35.923001 -82.299751
ex: 34.208504 -77.796371
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Mitchell Branch
3b. Water Resources Classification of nearest receiving water:*
C; Tr
Surface Water Lookup
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.*
060101080202
River Basin Lookup
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 reach of Mitchell Branch flows through the county's Ray -Cort Park. The upstream end of the reach is forested, with passive park uses. A footbridge marks the upstream end
of the restoration work. Downstream from the footbridge, park features include a picnic shelter, basketball court, maintenance building and parking lot on the left bank/floodplain. A
playground and skate park are present on the right bank/floodplain. Two eldsting culverts cross the creek over the downstream half of the reach. Mitchell Branch at the site drains a
440 -acre watershed with mainly forest and low density residential land uses.
l^J

4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r 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)
dick the upload button a drag and drop files here to attach docurrent
Burnsville 2016 Quad.pdf 295.77KB
File type must be pdr
4e. Attach an 81/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Qick the upload button a drag and drop files here to attach docurrent
Ray -Cort _Soil_Map.pdf 658.4KB
File type rrust be pdf
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
(intermittent and perennal)
770
4h. Explain the purpose of the proposed project:*
The objectives of the project include:
Restoring the channel profile where space allows in order to improve aquatic habitats;
• Removing a levee on the left bank in order to promote stream to floodplain connections;
Establishing native riparian trees and shrubs on the banks and in buffers to reinforce the bank soils and provide shade on the stream; and
Providing an environmental education opportunity for the community.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The proposed restoration project, detailed in the attached plans, involves the following:
• Construction of about 200 LF of new, off-line stream channel with grade control structures and bioengineering bank protection;
Bank sloping and installation of in -stream grade control structures elsewhere on the project reach where the channel will remain in its current alignment; and
• Buffer planting where space allows.
A pump -around flowdiversion will be used to de -water the channel when in -stream work in ongoing and when flow is turned from the original channel to the new, off-line channel.
Equipment to be used will include track mounted excavators, dump trucks, hand tools, and the diversion pump and associated hoses and coffer dams. Work will be performed from the
top of bank as much as possible. The existing culvert near station 13+80 will be used as an equipment crossing.
The length of the stream impact is estimated at 400 LF
4j. Please upload project drawings for the proposed project.
Uickthe upload button a drag and drop files here to attach docurrent
mitchell branch restoration plans for permits 082919.pdf 9.55MB
File type mist be pdf
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No O Unknown
Comments:
no wetlands were observed and soils map does not indicate hydric soils on-site
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:
Exarrple: SAW -2017-99999
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Aggency/Consultant Company:
Other:
5dl. Jurisdictional determination upload
nick the upload button or drag and drop files here to attach document
File type rmst be FDF
6. Future Project Plans
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? This
includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification.
No

[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
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted.
"S" will be used in the table below to represent the word "stream".
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
M Jurisdiction* length*
S1
restoration Permanent Bank Stabilization J
Mitchell Branch Perennial Both 12 400 Average (feet) (lin�rfeet)
** All Perennial or Intermittent streams must be verified by DWR or delegated local government.
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
400
3i. Total temporary stream impacts:
0
3i. Total stream and ditch impacts:
400
3j. Comments
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:*
The impacts will benefit the aquatic resources at the site. The restoration measures were designed based on natural channel design techniques and
make use of natural materials, biodegradable coir fiber matting and native plant species.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:*
All construction equipment and materials (stone, seed and coir matting) will be mobilized to the site before work begins. Equipment will be maintained
to be free of leaks and fueling will be performed well away from the stream. Base flowwill be diverted using a pump -around in order to limit
downstream turbidity, and work will be staged during times of lowflow. Work will also be staged such that no more stream bank and bed are disturbed
than can be fully stabilized by the end of that work day.
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:
The proposed impacts are beneficial to the natural resources.
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
*** Recent changes to the stormwater rules have required updates to this section .***
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
For a list of options to meet the diffuse flow requirements, click here.
If no, explain why:
the site is not located in an area with buffer protection rules.

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
To lookup low density requirement click here 15A NCAC 02H.1003(2).
Comments:
A SMP is not required and antidegradation calcs are not required because the work will not add impervious area to the site.
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
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)?*
r Yes r No
Comments:*
If required, a categorical exclusion can be prepared.
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)?*
r^ Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) 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 proposed restoration work is expected to benefit downstream water quality.
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
What Federal Agency is involved?
USFWS
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?*
Yes r No
Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf
Sh. Does this project involve the construction/installation of a wind turbine(s)?**
r Unknown

C Yes r 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.?*
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 staff are performing Section 7 consultation.
Consultation Documentation Upload
Click the upload button or drag and drop files here to attach docurent
File type rust be FDF
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 fisheries website.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/
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 (e.g., National Historic
Trust designation or properties significant in North Carolina history and archaeology)?*
r Yes
r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NC SHPO website. Plans have been submitted to NC SHPO for review.
7c. Historic or Prehistoric Information Upload
Click the upload button or drag and drop files here to attach docurrent
File crust be PCF
8. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search
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:
A no -rise flood study is being performed.
8c. What source(s) did you use to make the floodplain determination?*
NC FRIS website
F_
Miscellaneous
Comments
Geomorphic data from a topographic survey in May 2019 are attached along with channel sizing calculations and site photos.
Miscellaneous attachments not previously requested.
Click the upload button a drag and drop files here to attach docurent
supporting data Mitchell Branch Restoration.pdf 1.05MB
ray cort photos.pdf 574.42KB
File rust be PCF or KKE
Signature
W 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:*
Andrew Bick
Signature

o/mA,71. oe?.6
Date
8/29/2019

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IMPACT S1: 550 LF , - J
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_ W H U
TEMPORARY TROUT BUFFER IMPACTS - 2 (/1 I z
LEFT BANK: 400 1 U Lu
RIGHT BANK: 400 LF00
DATE: AUGUST 2019
SCALE: AS SHOWN
CONSTRUCTION
STAGING PLAN &
IMPACT MAP
SHEET 4 OF 8