20201444 Ver 1_401 Application_20201007

DWRIr.il
Division of Water Resources
Pre-Construction Notification (PCN) Form
September 1,2020 Ver 3.2
Initial Review
Has this project met the requirements for acceptance in to the review process?*
6 Yes
✓ No
Is this project a public transportation project?*
0 Yes r No
Change only if needed.
BIMS#Assigned* Version#*
20201444 1
Is a payment required for this project?*
6 No payment required
✓ Fee received Reviewing Office*
✓ Fee needed-send electronic notification Asheville Regional Office-[phone]
Select Project Reviewer*
Kevin Mitchell:eads\rkmitchell
Information for Initial Review
1a.Name of project:
Lincoln Avenue damaged box culvert replacement
1a.Who is the Primary Contact?*
J.Brant Sikes
lb.Primary Contact Email:* 1c.Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
10/7/2020
Nearest Body of Water
Youngs Fork
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.68060 -82.00277
LA. Processing Information
County(or Counties)where the project is located:
McDowell
Is this a NCDMS Project
✓ Yes G No
Is this project a public transportation project?*
6 Yes r No
Is this a NCDOT Project?*
✓ Yes f No
1a.Type(s)of approval sought from the Corps:
17 Section 404 Permit(wetlands,streams and waters,Clean Water Act)
1 Section 10 Permit(navigable waters,tidal waters,Rivers and Harbors Act)

lb.What type(s)of permit(s)do you wish to seek authorization?
r7 Nationwide Permit(NWP)
r Regional General Permit(RGP)
r Standard(IP)
1c.Has the NWP or GP number been verified by the Corps?
✓ Yes r No
Nationwide Permit(NWP)Number: 03-Maintenance
NWP Numbers(for multiple NWPS):
Id.Type(s)of approval sought from the DWR:
17 401 Water Quality Certification-Regular n 401 Water Quality Certification-Express
✓Non-404 Jurisdictional General Permit r Riparian Buffer Authorization
r Individual Permit
le.Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification: r Yes 6 No
For the record only for Corps Permit: r 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 rNo
Acceptance Letter Attachment
I h.Is the project located in any of NC's twenty coastal counties?
✓ Yes f No
1j.Is the project located in a designated trout watershed?
✓ Yes t7 No
B. Applicant Information
1d.Who is applying for the permit?
r Owner fJ Applicant(other than owner)
le.Is there an Agent/Consultant for this project?*
6' Yes CNo
2.Owner Information
2a.Name(s)on recorded deed:
City of Marion,NC
2b.Deed book and page no.:
2c.Responsible party:
2d.Address
Street Address
P.O.Box 700
Address Line 2
Coy State/Rovince/Region
Marion NC
FDstal/Zip Code Country
28752 USA
2e.Telephone Number: 2f.Fax Number:
[phone]
2g.Email Address:*
[e-mail]

3.Applicant Information(if different from owner)
3a.Name:
J.Brant Sikes
3b.Business Name:
Public Works Director,City of Marion,NC
3c.Address
Street Address
P.O.700
Address Line 2
(Sty State/Province/Region
Marion NC
Postal/Zip Code Country
28752 USA
3d.Telephone Number: 3e.Fax Number:
[phone]
3f.Email Address:*
[e-mail]
4.Agent/Consultant(if applicable)
4a.Name:
John Thomas
4b.Business Name:
Gannett Fleming
4c.Address
Street Address
Suite 900 One Glenwood Avenue
Address Line 2
Oty State/Bovine/Region
Raleigh NC
Postal/Zip Code Country
27603 USA
4d.Telephone Number: 4e.Fax Number:
[phone]
4f.Email Address:*
[e-mail]
Agent Authorization Letter*
Lincoln Agent Authorization_.pdf 392.69KB
Lc. Project Information and Prior Project History
1. Project Information
lb.Subdivision name:
Of appropriate)
1c.Nearest municipality/town:
Marion,NC
2. Project Identification
2a.Property Identification Number: 2b.Property size:
0.25 acre
2c.Project Address
Street Address
139 Lincoln Avenue
Address Line 2
Cy State/Province/legion
Marion NC
Postal/Zip Code Country
28752 USA
3.Surface Waters

3a.Name of the nearest body of water to proposed project:*
Youngs Fork
3b.Water Resources Classification of nearest receiving water:*
C
3c. What river basin(s)is your project located in?*
Catawba
3d.Please provide the 12-digit HUC in which the project is located.
030501010601
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:*
A box culvert carrying flows of an unnamed tributary to Youngs Fork located at 139 Lincoln Avenue,Marion,in McDowell County,North Carolina,was damaged by debris associated
with a flooding event.The box culvert was damaged beyond repair and required replacement of the existing damaged one barrel box culvert.Through traffic on Lincoln Avenue has
been closed due to the damaged box culvert.Lincoln Avenue is located in a community of single family residential homes.Homes are located in each of the four corners adjacent to the
box culvert and other homes are located in either direction leading to and leading away from the box culvert.The box culvert section of the road remains closed with adjacent home
owners having to detour around the closed box culvert to access or leave their homes.
4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?*
✓ Yes r No 6 Unknown
4d.Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site.(for DWR)
Topo map.pdf 266.94KB
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 Survey.pdf 711.84KB
4f.List the total estimated acreage of all existing wetlands on the property:
0.0 acre
4g.List the total estimated linear feet of all existing streams on the property:
50 ft.
4h.Explain the purpose of the proposed project:*
The purpose of the project is to replace a damaged box culvert with a new box culvert within the existing alignment restoring adjacent home owners access to their homes.
4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:*
The existing damaged box culvert will be replaced with a new 12'X9'box culvert within the existing alignment and foot print of the damaged box culvert.There should be no indirect
impacts because the project consist of the replacing of an existing damaged box culvert with a new box culvert without any upgrade to original service associated with the existing
damaged box culvert.The work will be accomplish with the normal back-hoes and other heavy equipment associated with highway construction work.An offsite detour will be maintained
during construction.
4j.Please upload project drawings for the proposed project.
Permit Plan.pdf 838.1KB
5.Jurisdictional Determinations
5a.Have the wetlands or streams been delineated on the property or proposed impact areas?*
f Yes r No C Unknown
Comments:
The jurisdictional stream channel does not show up as a blue line stream on either the USGS Quads
or NRCS Soil Surveys for the site.The jurisdiction was determined by onsite investigation
(1/21/2020)using the COE defined evidence of a normal high water mark and an onsite inspection
completion(1/21/2020)of a NCDWR Stream Identification Form.Copy of the NCDWR Form is
included below in the JD upload.
5b.If the Corps made a jurisdictional determination,what type of determination was made?*
✓ Preliminary C Approved r Not Verified 07' Unknown C N/A
Corps AID Number:
5c.If 5a is yes,who delineated the jurisdictional areas?
Name(if known): John Thomas
Agency/Consultant Company: Gannett Fleming
Other:
5d1.Jurisdictional determination upload
1 21 2020 completed NC DWQ stream ID form.pdf 30.84KB
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,single and complete project to replace existing damaged box culvert with a new new culvert within the existing alignment.
LD. Proposed Impacts Inventory
1. Impacts Summary
1a.Where are the impacts associated with your project?(check all that apply):
1 Wetlands fJ Streams-tributaries r' Buffers
1 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*
S1 replace existing culvert Permanent Culvert trib.to Youngs Fork Perennial Both 9 30
Average(feet) (linear feet)
32 dewatering for construction Temporary Dewatering trib.to Youngs Fork Perennial Both 9 6
Average(feet) (linear feet)
3i.Total jurisdictional ditch impact in square feet:
0
3i.Total permanent stream impacts: 3i.Total temporary stream impacts:
30 6
3i.Total stream and ditch impacts:
36
3j.Comments:
One foot sills are included in culvert to assure stream bed substrate in bottom of culvert.
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 replacement box culvert will be located in the alignment and foot print of the failed box culvert.The project is a replacement of the existing service
of the failed box culvert without any upgrade to the existing service.One foot sills are included in the new culvert to assure stream bed substrate in
bottom of culvert to support aquatic life passage through the culvert.Onsite detours will be maintained during construction.
lb.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The project construction will be conducted in compliance with regional special conditions of Sec 401 and Sec 404 permits including construction
staging on high ground,no construction equipment will be allowed in JD waters,appropriate erosion control devices will be constructed and
maintained,new box culvert will be constructed in"dry"with appropriate dewatering devices being constructed and maintained during
construction,safety fencing will be used to delineate environmentally sensitive areas,etc.Onsite detours will be maintained during construction.
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:
Jurisdictional impacts below thresholds of regional special condition requirements for compensatory mitigation.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) L)
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 any of the NC Riparian Buffer Protection Rules watershed.However,vegetated buffers will be maintained including ground disturbance areas planted with
ground cover adjacent to the project.
2.Stormwater Management Plan
2a.Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*

( Yesr No
Comments:
Project is not located within any of the NC Riparian Buffer Protection Rules watershed.However,vegetated buffers will be maintained including ground disturbance areas planted with
ground cover adjacent to the project.Project is being built in compliance with NCDOT standards.
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 f 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(NEPAISEPA)?*
✓ Yes ( No
Comments:*
The project was reviewed and found in compliance with NCDOT Minimum Criteria Determination Checklist(MCDC)standards for public transportation
projects.
MCDC available on request.
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.
Project is located in an existing built-out residential community.There are no service upgrades to this project.The project restores existing service of
the existing failed box culvert.
4.Sewage Disposal(DWR Requirement)
4a.Is sewage disposal required by DWR for this project?*
✓ Yes ( No r 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 rNo
5b.Have you checked with the USFWS concerning Endangered Species Act impacts?*
( Yes r No
5c.If yes,indicate the USFWS Field Office you have contacted.
Asheville
5d.Is another Federal agency involved?*
( Yes r No r Unknown
What Federal Agency is involved?
FEMA grant to repair storm damaged box culvert.
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&FWS ECOS species profiles:Carolina Northern Flying Squirrel"Glaucomys sabrinus coloratus",Endangered-->Carolina northern Flying
Squirrels are found in high elevation mixed red spruce—northern hardwood spruce-fur forest.Field inspections conducted on January 21,2020
confirmed no referenced species habitat is located within the project area(i.e.no habitat).No Effect//Gray Bat"Myotis grisescens",Endangered-->
Gray bats live in caves year-round.During the winter gray bats hibernate in deep,vertical caves.In the summer,they roost in caves which are
scattered along rivers.FWS Environmental Conservation Online System(ECOS)current range maps show Marion is outside the limits of the
documented range for Gray Bats.Field inspections conducted on January 21,2020 confirmed no referenced species habitat is located within the
project area(i.e.no habitat).No Effect//Northern Long-eared Bat"Myotis septentrionalis",Threatened-->NLEB occurs in the mountains of North
Carolina,with scattered records in the Piedmont and Coastal Plain.In western North Carolina,NLEB spend winters hibernating in caves and mines.
Marion falls outside the areas for McDowell County(County map attached)that may be subject to restrictions related to maternity and hibernation
sites.Project meets the criteria for the 4(d)rule.Field inspections conducted on January 21,2020 confirmed no evidence of bat activity within the
failed box culvert.No Effect//Bog Turtle"Clemmys muhlenbergii",Similarity of Appearance(Threatened)-->The Bog Turtle is the smallest turtle in
North America,rarely exceeding three or four inches in length and weighing only about four ounces.It's orange to yellow patch on either side of the
neck easily distinguishes it from other turtles.Bog turtles live in mud,grass and sphagnum moss of bogs,swamps,and marshy meadows.Field
inspections conducted on January 21,2020 confirmed no jurisdictional wetlands including mountain bog habitat is located within the project area(i.e.
no habitat).No Effect//Mountain Golden Heather"Hudsonia montana",Threatened-->There is final critical habitat for this species.The project is
outside the critical habitat.Mountain Golden Heather is a tiny,needle-leaved shrub with yellow flowers that usually grows about 6 inches tall,in clumps
from 4-8 inches across the base.It usually grows on exposed quartzite cliffs at elevations of 2800 to 4000 feet.Field inspections conducted on
January 21,2020 confirmed no referenced species habitat is located within the project area(i.e.no habitat).No Effect//Small Whorled Pogonia
"Isotria medeoloides",Threatened-->The Small Whorled Pogonia orchid has a greenish-white stem that grows to between 3 and 13 inches tall.
Although widely distributed,the small-whorled pogonia is rare.Populations are typically small with less than 20 plants.Commercial and residential
development have encroached upon populations and eliminated what once was productive habitat.The built-out residential development and the
urbanized disturb soils of the project site eliminated any potential habitat for the species.Field inspections conducted on January 21,2020,confirmed
no referenced species habitat is located within the project area(i.e.no habitat).No Effect//White Irisette"Sisyrinchium dichotomum",Endangered-->
White Irisette is a perennial herb.The dichotomously branching stems grow approximately 11 to 20 centimeters tall.The species occur on rich,basic
soils probably weathered from amphibolite.It grows in clearings and the edges of upland woods.Commercial and residential development have
encroached upon populations and eliminated what once was productive habitat.The built-out residential development and the urbanized disturb soils
of the project area eliminated any potential habitat for the species.Field inspections conducted on January 21,2020,confirmed no referenced
species habitat is located within the project area(i.e.no habitat).No Effect
Consultation Documentation Upload
FWS IPac TE Lists updated.pdf 424.88KB
NLEB-4DRule_McDowell.pdf 684.8KB
6. Essential Fish Habitat(Corps Requirement)
6a.Will this project occur in or near an area designated as an Essential Fish Habitat?*
✓ Yes (7 No
6b.What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
Essential Fish Habitat GIS
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 r No
7b.What data sources did you use to determine whether your site would impact historic or archeological resources?*
NC SHPO concurrence
7c.Historic or Prehistoric Information Upload
20200611 EHP 4393-02087 P1479106 SHPO Consult Confirmation.pdf 95.12KB
8. Flood Zone Designation(Corps Requirement)
8a.Will this project occur in a FEMA-designated 100-year floodplain?*
✓ Yes 6 No
8c.What source(s)did you use to make the floodplain determination?*
FRIS
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
Signature
*
7 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:
John Thomas
Signature
Date
10/7/2020