20210392 Ver 1_ePCN Application_20210406

I I DWR
Division of Water Resources
Pre-Construction Notification (PCN) Form
October 26,2020 Ver 3.3
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#*
20210392 1
Is a payment required for this project?*
✓ No payment required Reviewing Office*
6 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:
SR1137/Justus Road Improvement Project
1a.Who is the Primary Contact?*
NCDOT-Kevin Hining Div 11 DEO
lb.Primary Contact Email:* 1c.Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
4/6/2021
Nearest Body of Water
Clark Creek
Basin
Watauga
Water Classification
Class C
Site Coordinates
Latitude: Longitude:
36.181277 -81.778175
Pre-Filing Meeting Information
ID# Version
20210392 1
Pre-fling Meeting or Request Date*
3/15/2021
Attach documentation of Pre-Filing Meeting Request here:*
DWR Pre-Filing Meeting Request Form.pdf 56.77KB
A. Processing Information C^U
County(or Counties)where the project is located:
Watauga

Is this a NCDMS Project
✓ Yes r No
Is this project a public transportation project?*
✓ Yes r No
Is this a NCDOT Project?*
✓ Yes r No
(NCDOT only)T.I.P.or state project number:
WBS#(2)
11C.095108
1a.Type(s)of approval sought from the Corps:
fJ Section 404 Permit(wetlands,streams and waters,Clean Water Act)
r Section 10 Permit(navigable waters,tidal waters,Rivers and Harbors Act)
Has this PCN previously been submitted?*
✓ Yes
r No
lb.What type(s)of permit(s)do you wish to seek authorization?
fJ Nationwide Permit(NWP)
r Regional General Permit(RGP)
r Standard(IP)
1c.Has the NWP or GP number been verified by the Corps?
C Yes rNo
Nationwide Permit(NWP)Number: 14-Linear transportation
NWP Numbers(for multiple NWPS):
Id.Type(s)of approval sought from the DWR:
17 401 Water Quality Certification-Regular r 401 Water Quality Certification-Express
r 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 r No
For the record only for Corps Permit: r Yes r No
If.Is this an after-the-fact permit application?*
✓ Yes rNo
1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts?
CYes rNo
1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts?
✓ Yes rNo
Acceptance Letter Attachment
lh.Is the project located in any of NC's twenty coastal counties?
CYes rNo
1j.Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
Id.Who is applying for the permit?
7 Owner r Applicant(other than owner)
le.Is there an Agent/Consultant for this project?*
✓ Yes r No
2.Owner Information
2a.Name(s)on recorded deed:
NCDOT

2b.Deed book and page no.:
2c.Responsible party:
2d.Address
Street Address
801 Statesville Road
Address Line 2
Oty State/Rovince/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
lb.Subdivision name:
(if appropriate)
1c.Nearest municipality I town:
Boone
2. Project Identification
2a.Property Identification Number: 2b.Property size:
2c.Project Address
Street Address
Address Line 2
Qly State/Rovince/Ftgion
Postal/Zip Code Country
3.Surface Waters
3a.Name of the nearest body of water to proposed project:*
Clark Creek
3b.Water Resources Classification of nearest receiving water:*
Class C
3c. What river basin(s)is your project located in?*
Watauga
3d.Please provide the 12-digit HUC in which the project is located.
060101030303
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:*
Justus Rd.is best described as a narrow,dirt/gravel road,that is very steep in certain portions.The land use is a fairly even mix of forested hardwoods and residential.The road
extends up a mountain side to a large,private development that is on top of the mountain.Justus Road is the only way to access this development.As a result of the shear volume of
houses,and limited access to them,the road receives a surprisingly high level of traffic.Also,due to the steep grade and gravel/dirt substrate,the streams paralleling the road contain
a high volume of gravel and fine particulates.There is also a fair amount of runoff from a couple small impoundments,residential driveways,etc.that frequently runs onto and across
the road,furthering potential impacts from fine sediments.
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 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site.(for DWR)
SR 1137 Justus Rd(Watauga Co)Topo Map.pdf 181.92KB
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)
4f.List the total estimated acreage of all existing wetlands on the property:

4g.List the total estimated linear feet of all existing streams on the property:
4h.Explain the purpose of the proposed project:*
Purpose of project is to widen and pave Justus Road.The project will also involve a partial re-alignment of Justus Rd at the lower end.This realignment will allow the main volume of
traffic to bypass a tight constriction in the road,where the road is pinched between a manmade rock wall and a house.The portion of Justus Road that will be routed around with the
new alignment will be improved as a dead end road,providing access to several residential dwellings.As a result,the project is composed of a L line(newly aligned lower end of Justus
Road coupled with the existing upper portion),as well as a Y line(the lower end of the current Justus Road,that will be improved up to a point in the road where state maintenance will
end).
This work will improve motorist safety,and reduce overall maintenance needs.The project should also have a positive impact on aquatic resources by reducing the runoff of fine
sediments from the gravel/dirt road substrate,and increasing buffers between the road and stream.The work will also allow us to upgrade several old culverts.Finally,there is a fair
amount of water that consistently runs along,on,and across the road(primarily from residential driveways,two large roadside impoundments,and a leaking waterline).Taking this
runoff and piping it into the stream will get it off the road,lessening potential sediment impacts and thermal heating.
41.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:*
The project will realign the lower portion of Justus Road,leaving a 0.1 mile Y-line section of the existing Justus Road that will dead-end,but provide an access to several houses.A new
portion of Justus Road will cut through a hillside and then rejoin the existing Justus Road.This new alignment section of Justus Road will be 0.3 miles in length.The project will continue
up Justus Road from the intersection with the new alignment to the end of state maintenance,0.9 miles up the road.
The Y-line work will involve filling a small portion of an existing wetland(fill<0.01 acres),extending a pipe that carries seepage from this same wetland,and improving stormwater
measures to better handle runoff,as well as leakage from an adjacent pond and waterline that are currently running alongside the gravel road.
The newly aligned section of Justus Road will involve placing fill in a small portion of an existing wetland(0.01 acres;the same wetland impacted by the Y-line).No other jurisdictional
impacts will occur,but clearing and grading of the hillside will be required in order to create this new section of road.
The upper portion of Justus Road,from the new alignment section to the end of road maintenance,will involve the replacement of 7 pipes that carry jurisdictional waters(6 carry
perinneal streams and 1 carries seepage from a wetland),as well as the replacement of 150'pipe system with a 151'pipe system that feeds a private impoundment.This 151'pipe
system upgrade will also help collect stormwater that currently flows over the road.This section of road improvement will also involve the replacement and upgrade of several
stormwater and driveway pipes.
Overall,the work will involve the disturbance and clearing of approximately 9 acres of land.Typical road building equipment such as dump trucks,dozers,and paving equipment will be
used.Percussion equipment,and possibly explosives,will be used to break and excavate rocky hillsides when needed.
4j.Please upload project drawings for the proposed project.
5.Jurisdictional Determinations
5a.Have the wetlands or streams been delineated on the property or proposed impact areas?*
✓ Yes 0' No C Unknown
Comments:
5b.If the Corps made a jurisdictional determination,what type of determination was made?*
✓ Preliminary r Approved r Not Verified r Unknown P N/A
Corps AID Number:
5c.If 5a is yes,who delineated the jurisdictional areas?
Name(if known):
Agency/Consultant Company:
Other:
5d1.Jurisdictional determination upload
6. Future Project Plans
6a.Is this a phased project?*
✓ Yes n 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
1a.Where are the impacts associated with your project?(check all that apply):
17 Wetlands 17 Streams-tributaries r Buffers
r Open Waters r Pond Construction
2.Wetland Impacts

2a.Site#*(?) 2a1 Reason(?) 2b.Impact type*(?) 2c.Type of W.* 2d.W.name* 2e.Forested* 2f.Type of 2g.Impact
Jurisdicition*(?) area*
W1 Fill for L line road P Unknown no name No Both 0.010
widening (acres)
W2 Fill for Y1 road widening P Unknown no name No Both 0.006
(acres)
W2A pipe extension P Seep no name No Both 0.001
(acres)
W2A pipe extension T Seep no name No Both 0.001
(acres)
W3 Reconstructing the ditch P Unknown no name No Both 0.020
it is in (acres)
W3A pipe extension P Seep I no name No Both 0.001
(acres)
W3A pipe extension T Seep no name No Both 0.001
(acres)
2g.Total Temporary Wetland Impact 2g.Total Permanent Wetland Impact
0.002 0.038
2g.Total Wetland Impact
0.040
2h.Comments:
The wetland areas marked as W1 and W2 will result in a total loss.Both areas are part of a larger wetland,totaling 1/4 acre in size,which will remain
intact.Seepage from W2 flows into a pipe that will be replaced and extended.Total new permanent and temporary impacts from this pipe replacement
are<0.001 acres.W3 is currently sitting in a roadside ditch that cars frequently drive into.We will better define this ditch and buffer it from the new
roadway.The wetland will hopefully reestablish itself after the project is completed.Seepage from W3 flows into a pipe that will be replaced and
extended.Total new permanent and temporary impacts from this pipe replacement are<0.001 acres.The pipes at W2A and W3A will not be buried,
since they contain seepage from a wetland and burying the pipes may lead to a headcut.Furthermore,both are fairly steep(3.8%and 4.0%,
respectively).
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 pipe replacement Permanent Fill UT1 Perennial Both 1 3
Average(feet) (linear feet)
S2 pipe replacement Temporary Dewatering UT1 Perennial Both 1 20
Average(feet) (linear feet)
S3 pipe replacement Permanent Fill UT2 Perennial Both 4 20
Average(feet) (linear feet)
S4 pipe replacement Temporary Dewatering UT2 Perennial Both 4 20
Average(feet) (linear feet)
S5 pipe replacement Permanent Fill UT3 Perennial Both 1 -1
Average(feet) (linear feet)
S6 pipe replacement Temporary Dewatering UT3 Perennial Both 1 10
Average(feet) (linear feet)
37 pipe system replacement Permanent Fill UT3 Perennial Both 1 1
Average(feet) (linear feet)
38 pipe system replacement Temporary Dewatering UT3 Perennial Both 1 10
Average(feet) (linear feet)
S9 pipe replacement Permanent Fill UT2 Perennial Both 3 14
Average(feet) (linear feet)
010 pipe replacement Temporary Dewatering UT2 Perennial Both 3 20
Average(feet) (linear feet)
011 pipe replacement Temporary Dewatering UT2 Perennial Both 2 20
Average(feet) (linear feet)
S12 pipe replacement Temporary Dewatering UT4 Perennial Both 1 20
Average(feet) (linear feet)
3i.Total jurisdictional ditch impact in square feet:
0
3i.Total permanent stream impacts: 3i.Total temporary stream impacts:
37 120

3i.Total stream and ditch impacts:
157
3j.Comments:
None of these pipes will be buried,as all are>4.0%slope,with several>7.5%slope.In addition,the majority are laid over bedrock.Due to the
amount of rock in the stream,we will be able to place the outlet of all pipes onto existing rock,to help ensure scouring of the streambed doesn't occur.
We will dewater for all wet pipe replacements.An impervious sandbag dike will be constructed upstream of the existing pipes to create a small pool.
Clean water will temporarily be pumped around the construction areas and will be discharged downstream.Any dirty water located inside of the
construction areas will be pumped into a silt bag if necessary.Once the new pipes are in place,the impervious dikes will be removed and
preconstruction streambed elevations will be restored.When possible,we will dewater 10'at the inlet and outlet of each pipe.However,we will only be
able to dewater on the inlet side of two of the pipes(S6 and S8 on the impact summary table),as the pipe outlet discharges directly into a receiving
stream.In these areas,we will pump the clean water directly into the receiving stream.
E. Impact Justification and Mitigation u
1.Avoidance and Minimization
la.Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Proposed pipe replacements and extensions have been reduced to the shortest possible design to adequately construct the roadway.While these
pipe extensions will increase the length of the stream piped,it will also increase the buffer between the roadway and the stream.In addition,the
roadbed will be shifted away from the stream,which will also improve the buffer width between the roadway and the stream.The increased length of
stream being piped could,in some cases,impede aquatic passage.However,all of these streams are very steep,so hopefully the increase in pipe
lengths will not significantly handicap aquatic passage.Also,the most recent NCWRC fish surveys(2012)suggested that the majority of the waters
impacted by the project are fishless.
lb.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
All appropriate BMP's will be used during construction.Work will occur in a linear fashion,and completed portions of the project will be stabilized as
quickly as possible as the job progresses.
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?
C Yes f• No
2b.If this project DOES NOT require Compensatory Mitigation,explain why:
Our hopes are that mitigation is not needed for this project.The wetland impacts are very small(<1/10 an acre),and all permanent impacts are being limited to the amount necessary
to construct the roadway.Currently,the stream is full of gravel from the roadway and there are little to no buffers between adjacent wetlands and streams.The new permanent impacts
are needed to improve the stream quality by adding additional buffers between the roadway and adjacent jurisdictional resources.Furthermore,paving the roadway will eliminate the
constant source of gravel and gravel dust that runs into the creek after each moderate to heavy rain.
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?
C Yes F. No
If no,explain why:
Not a protected area with regard to the NC Riparian Buffer Protection Rules
2.Stormwater Management Plan
2a.Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
6 Yes CNo
Comments:
NPDES forms will be completed weekly,or within 24hrs of any 1"rain event.Agency Roadside Environmental Staff and the Division Environmental Officer will visit the project at least
once a month to look for any environmental issues and to ensure all erosion control methods are being properly installed,monitored,and maintained.
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?*
6 Yes CNo
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)?*
cYes CNo
1c.If you answered"yes"to the above,has the document review been finalized by the State Clearing House?*
s Yes C No
NEPA or SEPA Final Approval Letter

SR1137_Justus Road MCDC.pdf 189.96KB
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 P 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 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?*
(r Yes r No
5b.Have you checked with the USFWS concerning Endangered Species Act impacts?*
✓ Yes (7 No
5d.Is another Federal agency involved?*
Yes r No r Unknown
What Federal Agency is involved?
USAGE
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 r 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 6- 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.?
6 Yes r No
If yes,please provide details to include type of percussive activity,purpose,duration,and specific location of this activity on the property.
5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
NC Natural Heritage Program Data Explorer
Consultation Documentation Upload
project report_justusrd maintenance proje2966529665.pdf 3.1MB
6. Essential Fish Habitat(Corps Requirement)
6a.Will this project occur in or near an area designated as an Essential Fish Habitat?*
✓ Yes 6' 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?*
aYes rNo
7b.What data sources did you use to determine whether your site would impact historic or archeological resources?*
NCDOT Human Environment Staff,Historic Preservation Database,Tribal Correspondence.Note-An Effects Required Form/Consultation will be
necessary since the lower portion of the project is within the Clarks Creek Historic Rural District
7c.Historic or Prehistoric Information Upload

SR 1137(Watauga)No Survey form 2020.pdf 2MB
15-10-0030ResubNeedEffects.pdf 379.49KB
NCDOT Catawba notification-Justus Rd,Watauga Co.pdf 22.79KB
NCDOT Cherokee Nation notification-Justus Rd,Watauga Co..pdf 53.77KB
NCDOT EBCI notification-Justus Rd,Watauga Co..pdf 53.73KB
NCDOT Muscogee notification-Justus Rd,Watauga Co..pdf 53.65KB
NCDOT UKBCI notification-Justus Rd,Watauga Co..pdf 53.79KB
Clarks Creek Rural Historical District and location of historical buildings associated with new road alignment.pdf 93.56KB
8. Flood Zone Designation(Corps Requirement)
8a.Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8c.What source(s)did you use to make the floodplain determination?*
NC Flood Risk Information System
Miscellaneous
Comments
Rather than provide station numbers for all of the impacts,I have instead provided notes on the erosion control plans that show the location of the impact and define what the impact is.
I hope this will be more interactive/easier to navigate.Also,since this project requires an effects consultation for historic architecture,the erosion control plans have also been modified
to show all of the historic parcels in relation to the proposed impacts.The erosion control plans do not show the boundaries of the Clark's Creek Rural Historic District,however,I have
attached a separate map that shows those boundaries in relation to the project.Please let me know if you need any additional information,or if you prefer the information in a different
form.
Miscellaneous attachments not previously requested.
Justus Rd PCN letter.pdf 205.92KB
Justus Rd Erosion Control Plans with JS impacts and Sec 106 info.pdf 5.25MB
Signature u
*
IJ 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 mitten signature;AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Kevin Hining
Signature
Date
4/6/2021