20230484 Ver 2_ePCN Application_20230510

DW R
DHlsloo of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 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.
Pre -Filing Meeting Date Request was submitted on:
9/25/2018
BIMS # Assigned
20230484
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Kevin Mitchell: kevin. m itchel [e-mail]
Information for Initial Review
1a. Name of project:
R-5863 (U.S. 64 Business)
1a. Who is the Primary Contact?*
Patrick J. Breedlove
1b. Primary Contact Email: *
[e-mail]
Date Submitted
5/10/2023
Nearest Body of Water
Town Creek
Basin
Hiwassee
Water Classification
WS-Iv
Site Coordinates
Latitude:
35.039686
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Clay
Is this a NCDMS Project
Yes No
Longitude:
-83.823649
Version#*
2
Reviewing Office*
Asheville Regional Office - [phone]
1c. Primary Contact Phone:*
[phone]
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:
R-5863
WBS # (1)
47516.1.1
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
Please provide the date of the previous submission.
3/31 /2023
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
Regional General Permit (RGP) Number:
RGP Numbers (for multiple RGPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
201902350 - Work associated with bridge construction, widening, replacement, and
interchanges
1e. Is this notification solely for 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? *
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)
1e. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
NCDOT Division 14
2b. Deed book and page no.:
401 Water Quality Certification - Express
Riparian Buffer Authorization
*
Yes No
Yes No
2c. Contact Person:

2d. Address
Street Address
253 Webster Road
Address Line 2
City
State / Province / Region
Sylva
North Carolina
Postal / Zip Code
Country
28779
United States
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 / town:
Hayesville
2. Project Identification
2a. Property Identification Number:
2c. Project Address
Street Address
Address Line 2
city
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
Town Creek
3b. Water Resources Classification of nearest receiving water:
WS-Iv
3c. What river basin(s) is your project located in? *
Hiwassee
3d. Please provide the 12-digit HUC in which the project is located.
060200020203
4. Project Description and History
2b. Property size:
State / Province / Region
Country
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: *
Project is located within the city limits of Hayesville, N.C. and is a two-lane paved business route into Hayesville, N.C. The land use is primarily residential with agriculture fields and
maintained lawns with a more urbanized setting on the northwest portion of the project.
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:
0.469
4g. List the total estimated linear feet of all existing streams on the property:
1,146
4h. Explain the purpose of the proposed project:*
The purpose of the project involves minor widening with vertical and horizontal alignment improvements, intersection improvements as well as the construction of a round -about structure
to address the current traffic needs. The work will require stream and wetlands impacts to accommodate fill slopes, construction access, culvert improvement/extension and stream bank
stabilization.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The NCDOT contractor will remove any trees within the project impact footprint and install erosion and sediment control measures. NCDOT contractor will install diversion/dewatering
devices at Site #1 and Site #4 and complete culvert extensions, outlet protection and bank stabilization. Once culvert work is complete, streams will be placed back into culverts.
Streambank matting and seeding will commence once final grading allows. NCDOT contractor will then commence to complete roadway grading, cross-section widening, intersection
improvements and round -about construction. NCDOT contractor will pave roadbed and install guardrail and roadway signage. The project will utilize the following equipment: excavator,
grader, paving equipment, pumps and hand tools.
O

5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?"
Yes No Unknown
Comments:
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):
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?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries O Buffers
Open Waters Pond Construction
2. Wetland Impacts
v
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W. *
2d. W. name
2e. Forested*
2f. Type of Jurisdicition *
2g• Impact
area *
Site 2 (WC)
Roadway Fill
P
mland Hardwood Forest
ff
Wetland C
I
No
Both
]
0.016
(acres)
Site 2A (WC)
Construction Access
T
ffornland Hardwood Forest
Wetland C
No
Both
0.001
(acres)
Site 3 (WB)
Roadway Fill
P
ff0mland Hardwood Forest
Wetland B
No
Both
0.058
(acres)
Site 3A (WB)
Silt Fence
T
ffornland Hardwood Forest
WetlandB
t-A
Both
0.063
(acres)
2g. Total Temporary Wetland Impact
0.064
2g. Total Wetland Impact
0.138
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.074
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*
Ilength*
31
Site 1 - 54" CMP Culvert
Permanent
Culvert
UT to Town Creek
Perennial
Both
71
Extension
Aveage (feet)
(linear feet)
S2
Site 1A -Outlet Protection
Permanent
Rip Rap Fill
UT to Town Creek
Perennial
Both
15
Average (feet)
(linear feet)
S3
Site 1 B -
Temporary
Dewatering
UT to Town Creek
Perennial
Both
150
Diversion/Dewatering
Aveage (feet)
(linear feet)

gq
S5
Site 4 - 2 @ 7'x7' RC BC
Extension
Site 4A - Bank Stabilization
Permanent
Permanent
Culvert
Bank Stabilization
Town Creek
Town Creek
Perennial
Perennial
Both
Both
Average (feet)
Aveage (feet)
98
(linear feet)
72
(linear feet)
S6
Site 4B -
Diversion/Dewatering
Temporary
Dewatering
Town Creek
Perennial
Both
Average (feet)
160
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
256
3i. Total stream and ditch impacts:
566
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
310
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The existing roadway is being slightly widened, along the same current alignment within the same relative disturbed location. The road improvement was
designed utilizing the minimum criteria to ensure the safe conveyance of traffic on the business route.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The on -site streams (Town Creek & UT to Town Creek) will be temporarily diverted/dewatered while the culvert work occurs. Erosion and sediment
control measures will be installed prior to ground disturbance. Both of these measures will aid in the prevention of sediment of sediment into downstream
habitats. All tree removal will occur during the winter clearing season (October 16th - March 31st) to limit potential impacts to tree dwelling bat species.
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
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested:
(linear feet)
169
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested:
(acres)
0.0138
4h. Comments
4c. If using stream mitigation, what is the stream temperature:
cool
4e. Riparian wetland mitigation requested:
(acres)
4g. Coastal (tidal) wetland mitigation requested:
(acres)
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
Q
V
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
Yes No
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?
Yes No

If no, explain why:
Project is not located within a N.C. Riparian Buffer Protection Area.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
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
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)?*
Yes No
1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?
Yes No
Comments:*
NCDOT MCDC Attached.
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.
The project is only to slightly widen roadway, improve intersections and control traffic with the round -about structure and does not increase the capacity
of the roads in the area.
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?
U.S. Fish & Wildlife - ECOS - Online Mapper.
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.
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 Culture Resource Specialist.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
Yes No
8b. If yes, explain how project meets FEMA requirements:
NCDOT FEMA - NCPM MOU.
8c. What source(s) did you use to make the floodplain determination?
N.C. Flood Maps - Flood Risk Information System.
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
R-5863 - Clay County - GIS Map.pdf
7.08MB
R-5863 - Clay County - USGS Map.pdf
5.13MB
R-5863 - Clay County - Vicinity Map.pdf
198.68KB
R-5863 - Clay County - NRCS Soil Survey.pdf
737KB
R-5863 - Clay County - Permit Plans 5.2.2023 (Final Revised).pdf
5.75MB
R-5863 - Clay County - Historic Architecture No Effects.pdf
2.28MB
R-5863 - Clay County - No Eligible Archaeological Present.pdf
5.07MB
R-5863 - Clay County - PJD (March 2023).pdf
5.26MB
R-5863 - Clay County - Hydro Report.pdf
5.46MB
R-5863 - Clay County - SMP (Final).pdf
2.97MB
R-5863 - Clay County - NC Natural Hertiage Program.pdf
3.95MB
R-5863 - Clay County - MCDC Consultation.pdf
10.31MB
R-5863 - Clay County - NCWRC comments.pdf
92.82KB
R-5863 - Clay County - RGP 50 Cover Letter (Revision).pdf
88.81 KB
File must be PDF or KMZ
Comments
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 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:
Patrick Jeremy Breedlove
Signature
?1tio of"laY
a

Date
5/10/2023