20230795 Ver 1_ePCN Application_20230606

DWR
Division 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:
4/29/2022
BIMS # Assigned
20230795
Is a payment required for this project? *
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Kevin Mitchell:[e-mail]
Information for Initial Review
la. Name of project:
US 19/129 improvements from the Georgia Border to US 64174
1a. Who is the Primary Contact?*
Patrick Breedlove
1b. Primary Contact Email: *
[e-mail]
Date Submitted
6/6/2023
Nearest Body of Water
Cobb Creek, Gold Branch, Rominger Creek
Basin
Hiwassee
Water Classification
C
Site Coordinates
Latitude:
35.012387
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Cherokee
Is this a NCDMS Project
Yes No
Longitude:
-84.085337
Version#*
1
Reviewing Office*
Asheville Regional Office - [phone]
1c. Primary Contact Phone: *
[phone]
a
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-5861
WBS # (1)
47427.1.1
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
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
le. 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)
le. Is there an AgentlConsultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
NCDOT Division 14
2b. Deed book and page no.:
2c. Contact Person:
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No

2d. Address
Street Address
253 Webster Road
Address Line 2
City
Sylva
Postal / Zip Code
28779
2e. Telephone 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:
Murphy
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:
Cobb Creek, Gold Branch, Rominger Creek
3b. Water Resources Classification of nearest receiving water:
C
3c. What river basin(s) is your project located in? *
Hiwassee
3d. Please provide the 12-digit HUC in which the project is located.
060200020601.060200020603
4. Project Description and History
State / Province / Region
NC
Country
USA
2f. Fax Number:
[phone]
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: *
US 19-129 is a two-lane paved road with substandard travel lane and shoulder widths. Land use in the project vicinity is mostly rural and consists of residential, forested, agricultural fields,
and small businesses.
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:
1.54
4g. List the total estimated linear feet of all existing streams on the property:
16,111
4h. Explain the purpose of the proposed project:*
The purpose of the project is to improve traffic flow and safety by correcting roadway deficiencies, constructing turn lanes, and constructing a climbing lane to enable motorists to safely
pass slower -moving cars or trucks. The work will require stream and wetland impacts to accommodate fill slopes, construction access, culvert improvements/extensions 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. The proposed project will widen US 19-129 travel lanes
and shoulders, with curb and gutter along the developed properties near the intersection with US 64. US 19-129 will be realigned in several areas to reduce sharp curves or steep grades
(hills/crests and valleys/sags). A temporary onsite detour will be utilized.
The proposed project will utilize the following equipment: excavator, grader, paving equipment, pumps and hand tools

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:
SAW-2020-00534
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Hal Bain and John Merritt
Agency/Consultant Company: RK&K
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
A PJD was issued by the USACE on August 2, 2022.
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
la. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Q Buffers
Open Waters Pond Construction
2. Wetland Impacts
Multiple
2al Reason (?)
See tables
2b. Impact type* (?)
P
2c. Type of W. *
Headwater Forest
2d. W. name
See tables
2e. Forested*
Yes
2f. Type of Jurisdicition *
(?)
Both
�2g. Impact
area
0.118
(acres)
Multiple
See tables
P
[bdplain Pool
See tables
Yes
Both
0.162
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.280
2g. Total Wetland Impact
0.280
21. Comments:
Specific proposed impact details are provided in the cover letter and attached permit drawings.
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
F
?)
Jurisdiction*
length*
S1
See tables
Permanent
Fill
See tables
Perennial
Both
2,685
Average (feet)
(linear feet)
g2
See tables
Temporary
Fill
See tables
Perennial
Both
746
Average (feet)
(linear feet)
S3
See tables
Permanent
Fill
See tables
Intermittent
Both
562
Average (feet)
(linear feet)
S4
See tables
Tem ora
P ry
Fill
See tables
Intermittent
Both
7
131
Average (feet)
(linear feet)

3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
3,247
31. Total stream and ditch impacts:
1441
3j. Comments:
Specific proposed impact details are provided in the cover letter and attached permit drawings.
4. Open Water Impacts
3i. Total temporary stream impacts:
877
4a. Site #
4a1. Impact Reason 11
4b. Impact type
4c. Name of waterbody
4d. Activity type :114e.
Waterbody type
4f. Impact area
Multiple
See tables
P
See tables
Fill
Pond
0.14
Multiple
See tables
T
See tables
Fill
Pond
0.04
4g. Total temporary open water Impacts: 4g. Total permanent open water impacts:
0.04 0.14
4g. Total open water impacts:
0.18
4h. Comments:
Specific proposed impact details are provided in the cover letter and attached permit drawings.
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:
Where excavation is necessary, coir fiber matting and rip -rap were utilized for bank stabilization in an attempt to reduce sediment transport and
streambank erosion. Measures have been taken, including reduction of pipe slopes, to lower velocities at jurisdictional features to non -erosive, including
the use of drop structures in some pipe systems. In an effort to minimize impacts to the project, the team used 2:1 side slopes with guardrail in stream
areas where feasible.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Best Management Practices (BMPs) will be utilized during construction to attempt to reduce the stormwater impacts to receiving streams and wetlands
due to erosion and runoff. All pipes will be buried 20 % or 1ft. if culvert diameter is greater that 48 inches. Energy dissipater riffles will be utilized.
Ditches/pipes slopes will be flattened wherever possible.
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)
6,026
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested:
(acres)
4h. Comments
4c. If using stream mitigation, what is the stream temperature:
cool
4e. Riparian wetland mitigation requested:
(acres)
0.56
4g. Coastal (tidal) wetland mitigation requested:
(acres)
O
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR

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:
The project is not within one of the regulated NC Riparian Buffer Basins.
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
1a. 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
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.
Due to the minimal transportation impact resulting from the project, this project will neither influence nearby land uses nor stimulate growth. Therefore, a
detailed indirect or cumulative effects study will not be necessary.
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
5e. Is this a DOT project located within Division's 1-8?
Yes No
Unknown

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
5L 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 IPaC- Online Mapper, NC Natural Heritage Data, field surveys.
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 EFH Mapper
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 Historic Architecture and Archaeology staff assessments. See attached letter and survey findings.
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?
FEMA Floodplain Mapping
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-5861 - Cherokee County - RGP 50 Cover Letter (Signed).pdf
3.18MB
R-5861 - Cherokee County - GIS Map.pdf
5.67MB
R-5861 - Cherokee County - USGS Map.pdf
1.6MB
R-5861 - Cherokee County - Vicinity Map.pdf
799.89KB
R-5861 - Cherokee County - NRCS Soil Survey.pdf
657.14KB
R-5861 - Cherokee County - Permit Plans (Final).pdf
33.66MB
R-5861 - Cherokee County - No Archaeological Survey Required.pdf
5.27MB
R-5861 - Cherokee County - Historic Architecture No Effect.pdf
4.56MB
R-5861 - Cherokee County - SAW-2020-00534 PJD Approval.pdf
18.35MB
R-5861 - Cherokee County - NC Hertiage Program.pdf
2.24MB
R-5861 - Cherokee County - Type III CE.pdf
21.02MB
R-5861 - Cherokee County - NCWRC Comments.pdf
64.32KB
R-5861- Cherokee County - USFWS Concurrence Request.pdf
9.94MB
R-5861 - Cherokee County - SMP Cover Sheets.pdf
733.33KB
R-5861 - Cherokee County - Erosion Control Plans.pdf
File must be PDF or KMZ
44.38MB
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
4uln6070t e a"
Date
6/6/2023