20220529 Ver 1_ePCN Application_20220403

DWR
Division of Water Resources
Pre-Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
December 6,2021 Ver 4.2
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.
BIMS#Assigned* Version#*
20220529 1
Is a payment required for this project?*
No payment required Reviewing Office*
Fee received Winston-Salem Regional Office-(336)776-
Fee needed-send electronic notification 9800
Select Project Reviewer*
Dave Wanucha:eads\djwanucha
Information for Initial Review
1a.Name of project:
Old Shulls Mill Intersection Improvement
la.Who is the Primary Contact?*
Kevin Hining-NCDOT
1 b.Primary Contact Email:* 1c.Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
4/3/2022
Nearest Body of Water
Watauga River
Basin
Watauga
Water Classification
B;Tr,HQW
Site Coordinates
Latitude: Longitude:
36.171953 -81.749143
A. Processing Information
County(or Counties)where the project is located:
Watauga
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
Is this a NCDOT Project?*
Yes No
(NCDOT only)T.I.P.or state project number:

WBS#(')
48844
la.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
1 b.What type(s)of permit(s)do you wish to seek authorization?
Nationwide Permit(NWP)
Regional General Permit(RGP)
Standard(IP)
lc.Has the NWP or GP number been verified by the Corps?
Yes No
Regional General Permit(RGP)Number: 201902350-Work associated with bridge construction,widening,replacement,and
interchanges
RGP Numbers(for multiple RGPS):
Id.Type(s)of approval sought from the DWR:
401 Water Quality Certification-Regular 401 Water Quality Certification-Express
Non-404 Jurisdictional General Permit Riparian Buffer Authorization
Individual 401 Water Quality Certification
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
lf.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
lh.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
ld.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:
NCDOT
2b.Deed book and page no.:
2c.Contact Person:

2d.Address
Street Address
801 Statesville Road
Address Line 2
City State/Province/Region
North Wilkesboro NC
Postal/Zip Code Country
28659 USA
2e.Telephone Number: 2f.Fax Number:
[phone]
2g.Email Address:*
[e-mail]
C. Project Information and Prior Project History
1.Project Information
1b.Subdivision name:
(if appropriate)
1c.Nearest municipality I town:
Foscoe
2.Project Identification
2a.Property Identification Number: 2b.Property size:
2c.Project Address
Street Address
Address Line 2
City State/Province/Region
Postal/Zip Code Country
3. Surface Waters
3a.Name of the nearest body of water to proposed project:*
Watauga River
3b.Water Resources Classification of nearest receiving water:*
B;Tr,HQW
3c. What river basin(s)is your project located in?*
Watauga
3d.Please provide the 12-digit HUC in which the project is located.
060101030301
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:*
Primarily open field/grassed flat land with limited trees at the site.Land use in the surrounding area is a mix of businesses,golf course,residential,and wooded lots.
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:
0.27
4g.List the total estimated linear feet of all existing streams on the property:
250
4h.Explain the purpose of the proposed project:*
Improve the intersection of HWY 105 and Old Shulls Mill(SR1568).This project was originally proposed to be part of a larger project(R-2566B)that was to involve the widening of HWY
105.However,that project is still several years off,and their is uncertainty about the final scope of the project.The intersection of HWY 105 and Old Shulls Mill is badly skewed,making it
dangerous for drivers.The issue has led to frequent congestion and persistent complaints from residents and local municipalities.Given the uncertainty of the R-2566B project and
immediate safety issues with the Old Shulls Mill intersection,it was decided to move ahead with this intersection improvement as a single and complete project,which will not require
additional work to occur/force the R-2566B project.All jurisdictional impacts proposed for this project are completely separate from those proposed for R-2566B,and only impacts directly
required to improve the intersection have been included.In fact,stream sections and wetland areas between this proposed project and R-2566B have been left intact/unimpacted,to show
and maintain regulatory separation between this project and R-2566B.

4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:*
The project involves 0.3 miles of roadway work,centered around a new alignment of Old Shulls Mill Rd at it's intersection with HWY 105.Two streams and a small wetland will be
impacted.While one of the impacts will involve piping a 90'section of stream,a portion of this same stream that is piped under the existing/current alignment(40')will be removed and
daylighted.A total of 0.05 acres of wetlands will be filled to allow for the new alignment.Additional impacts include the use of rip rap at two locations to stabilize embankments to prevent
erosion from stormwater flows(20'),as well as rip rap in the streambed at two locations to maintain channel stability and reduce scour from the new pipe installation(10').
5. Jurisdictional Determinations
5a.Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
PJD included with PCN materials
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): NCDOT staff
Agency/Consultant Company:
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?
No
D. Proposed Impacts Inventory
1. Impacts Summary
la.Where are the impacts associated with your project?(check all that apply):
Wetlands Streams-tributaries Buffers
Open Waters Pond Construction
2.Wetland Impacts
2a.Site#*(?) 2a1 Reason(?) 2b.Impact type*(?) 2c.Type of W.* 2d.W.name* 2e.Forested* 2f.Type of Jurisdicition*2g.Impact
(?) area*
2 ditch excavation P Seep WBZ No Both 0.009
(acres)
2 mechanized clearing T Seep WBZ No Both 0.010
(acres)
3 18"pipe/fill P Seep WBZ No Both 0.050
(acres)
3 mechanized clearing T Seep WBZ No Both 0.009
(acres)
2g.Total Temporary Wetland Impact 2g.Total Permanent Wetland Impact
0.019 0.059
2g.Total Wetland Impact
0.078
2i.Comments:
3. Stream Impacts
3a.Reason for impact(?) 3b.Impact type* 3c.Type of impact* 3d.S.name* 3e.Stream Type* 3f.Type of 3g.S.width* 3h.Impact
(?) Jurisdiction* length*

S1 36"x90'RCP-IV Permanent Culvert Site 1-SFU Perennial Both 2 90
Average(feet) (linear feet)
S2 Scour pad at outlet Permanent Fill Site 1-SFU Perennial Both 2 10
Average(feet) (linear feet)
S3 Bank stabilization Permanent Bank Stabilization Site 1-SFU Perennial Both 2 10
Average(feet) (linear feet)
S4 Dewatering for site 1 Temporary Dewatering Site 1-SFU Perennial Both 2 40
Average(feet) (linear feet)
S5 Bank stabilization Permanent Bank Stabilization Site 4-SFV Perennial Both 2 10
Average(feet) (linear feet)
S6 Dewatering for site 4 Temporary Bank Stabilization Site 4-SFV Perennial Both 2 20
Average(feet) (linear feet)
3i.Total jurisdictional ditch impact in square feet:
0
3i.Total permanent stream impacts: 3i.Total temporary stream impacts:
120 60
3i.Total stream and ditch impacts:
180
3j.Comments:
S4 involves removal of 18"x40'CMP and daylighting this stream section.To ensure stability of newly opened stream section,a rock bottom standard
base ditch will be added where the pipe existed.
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:
All work will be done in the dry,and no direct discharge of sediment will occur into streams or wetlands.
1 b.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
All Best Management Practices will be adhered to and design standards for sensitive watersheds will be employed
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:
The project will involve 100 feet of new stream fill by the addition of a new pipe(90')and scour pad at new pipe outlet(10').However,the new work is needed to ensure safer roadway
condition(both roadway and road shoulder will be widened).It is expected that both the new pipe outlet scour pad and rock lined portion of newly daylighted 40'stream channel(where old
18"CMP will be removed),will eventually naturalize with upstream sediments.Likewise,it is expected that new wetland habitats will form within the proposed swales and ditches that will
be built.As a result,NCDOT is requesting approval from USACE to do the work without being charged mitigation credits.However,if mitigation is required,then NCDOT will obtain the
necessary mitigation needs.
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:
Not in the Catawba Basin
2. Stormwater Management Plan
2a.Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
Yes No
Comments:
NPDES records will be completed weekly,and after each rain event of 1"or more.Project will include design standards for sensitive watersheds.
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?*
Yes No

lb.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)?*
Yes No
lc.If you answered"yes"to the above,has the document review been finalized by the State Clearing House?*
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.
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
What Federal Agency is involved?
FHWA
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?
IPaC,attached FONSI,and USFWS Concurrence
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
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?*
NCDOT Human Resource Team(reviews are within the FONSI)and SHPO

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?*
FRIS website
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
Old Shulls Mill Intersection Improvement PCN letter.pdf 163.01KB
Old Shulls Mill Permit Drawings.pdf 4.11MB
R2566B_PrelimJDPackage.pdf 12.87MB
R-2566B FONSI-Approved.pdf 20.87MB
R-2566B_Consultation.pdf 1.91MB
USFWS Concurrence Letter.pdf 1.78MB
Tribal letters-NCDOT SR1568 intersection improvement.pdf 460.22KB
NCWRC trout moratorium waived.pdf 152.44KB
File must be PDF or KMZ
Comments
I have provided several attachments for this project,many of which were originally compiled for the R-2566B project-which has a much larger project area,but includes all of the project
area in this project.The attachments include:
1)Project summary letter
2)Permit Drawings
3)PJD for R-2566B-the 4 jurisdictional sites are highlighted in red in the table on pages 15(2 streams)and 18(2 wetlands,but only one is impacted),and refer to Figures 2.1 and 3.1 for
the project study area.
4)FONSI,which includes Architecture and Archaeology reviews in Appendix D,pages 54-58;I can send more info if needed
5)Construction Consultation for R-2566B
6)USFWS Concurrence info for R-2566B
7)Tribal letters specific to the Old Shulls Mill Intersection Improvement project
8)NCWRC email indicating no trout moratorium
Signature u'
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");
• 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:
Kevin Hiving
Signature �7/
sL'y�'c tiY-1
Date
4/3/2022