20211241 Ver 2_ePCN Application_20230711

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:
8/13/2021
BIMS # Assigned
20211241
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
1a. Name of project:
B-3186 and B-5898 Intersection & Bridges
1a. Who is the Primary Contact?*
Patrick J. Breedlove
1b. Primary Contact Email: *
[e-mail]
Date Submitted
7/11/2023
Nearest Body of Water
Richland Creek
Basin
French Broad
Water Classification
Class B
Site Coordinates
Latitude:
35.518404
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Haywood
Is this a NCDMS Project
Yes No
Longitude:
-82.967715
Version#*
2
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:
B-3186 and B-5898
WBS#M
38332.11.FS1 and 48030.1.FS1
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.
9/19/2021
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
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 / town:
Waynesville
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:"
Richland Creek
3b. Water Resources Classification of nearest receiving water:
Class B
3c. What river basin(s) is your project located in? *
French Broad
3d. Please provide the 12-digit HUC in which the project is located.
060101060300
4. Project Description and History
State / Province / Region
North Carolina
Country
United States
2f. Fax Number:
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: *
The site is the existing infrastructure for interchange of U.S. 23, 74, 19 and bridges 430155, 430158 and 430168 in Haywood County, North Carolina. General land use is developed urban
interstate with scattered residences.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
UASCE Action ID: SAW-2021-02027
NCDWR DWR: 20211241
4f. List the total estimated acreage of all existing wetlands on the property:
0.10
4g. List the total estimated linear feet of all existing streams on the property:
3000
4h. Explain the purpose of the proposed project: *
The project purpose is to replace deteriorating bridges and also modify the existing unsafe highway interchange.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The project involves constructing detour bridges across Richland Creek and temporarily piping into the UT to Richland Creek for a traffic detour. Then traffic will be switched in stages at
the U.S. 23/74/19 interchange while the 3 bridges are replaced and/or widened. Construction equipment will include the following: crane, excavator, dump truck, paving equipment and
other conventional heavy construction equipment will be utilized.
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
f a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters 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
F
?)
Jurisdiction*
length*
S1
Dewatering
Temporary
Dewatering
Richland Creek
Perennial
Both
50
115
Average (feet)
(linear feet)
S2
Temp. Bridge
Temporary
Dewatering
Richland Creek
Perennial
Both
50
80
Averege (feet)
(linear feet)
S3
Detour (SA)
Temporary
Dewatering
UT to Richland Creek
Perennial
Both
10
Average (feet)
(linear feet)
S4
Stabilization (SA)
Permanent
Stabilization
UT to Richland Creek
Perennial
Both
1,006
—]
Averege (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 3i. Total temporary stream impacts:
1,006 205
3i. Total stream and ditch impacts:
206
3j. Comments:
The stabilization design has been discussed previously with the USACE and DEQ representatives.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
f a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The large permanent impact has been modified in consultation with the USACE and DEQ to provide some uplift of the poor -quality affected stream
following removal of the temporary impacts. Also, the new paired bridges over Richland Creek will completely span the creek and have a larger hydraulic
capacity than the existing structure. Stormwater discharge from the new bridges will not directly discharge into the surface waters.
Q

1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Excavation will be avoided in flowing water. Effective sediment and erosion control devices will be utilized to minimize off -site impacts.
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 permanent impacts will not cause a loss and the remaining impacts will provided some uplift, including water quality and reduce scour.
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 located within an applicable 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
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
Comments:*
This project qualified for a Federal CE that was signed on September 17, 2021, and a CE Consultation will be completed prior to construction.
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 not a linear transportation project that will allow development of surrounding areas or open access to a current undeveloped 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
O
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
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
5g(1). If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.?
Yes No
If you answered "Yes" to 5g(1), did you discover any signs of bat use?
Yes No Unknown
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
Unknown
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?
Site surveys and available NHP data. A brown bat colony was found on Bridge 430107, however, the bridge will not be impacted with revised project
design.
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?
NMFS Website.
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?
The project was reviewed under the PA agreement with the USACE. The determination was also coordinated with the 5 Federally Recognized Tribes.
One correspondence is include in the application.
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:
The project was coordinated with the N.C. Floodplain Management Office and is covered by the MOA for NCDOT projects. The project will not
necessitate a CLOMR.
8c. What source(s) did you use to make the floodplain determination?
Consultant submittals and N.C. Floodmaps.
Miscellaneous 8

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
B-3186_B-5898 - Haywood County - RGP 50 Cover Letter (Revision 7.11.23).pdf
37.7KB
B-3186_B-5898 - Haywood County - Section 7 Concurrence (Reconsultation).pdf
506.1KB
B-3186_B-5898 - Haywood County - USGS Map.pdf
1.6MB
B-3186_B-5898 - Haywood County - Vicinity Map.pdf
868.05KB
B-3186_B-5898 — Haywood County - Vascular Plant Survey.pdf
54.12KB
B-3186_B-5898 - Haywood County - Mussel Survey.pdf
5.48MB
B-3186_B-5898 - Haywood County - Architecture Assessment of Effects.pdf
1.5MB
B-3186_B-5898 - Haywood County - No Archaeology Survey Required Form.pdf
2.64MB
B-3186_B-5898 - Haywood County - SMP-EC Plans.pdf
19.2MB
B-3186_B-5898 - Haywood County - Tribal 106 Report Transmittal (Original).pdf
3.24MB
B-3186_B-5898 - Haywood County - Muscogee Comments.pdf
69.32KB
B-3186_B-5898 - Haywood County - PJD (Signed).pdf
21.16MB
B-3186_B-5898 - Haywood County - N.C. Hertiage Program.pdf
3.13MB
B-3186_B-5898 - Haywood County - NRCS Soil Survey.pdf
530.3KB
B-3186_B-5898 - Haywood County - Farmland Classification.pdf
367.76KB
B-3186_B-5898 - Haywood County - NCWRC Comments.pdf
113.64KB
B-3186_B-5898 - Haywood County - Permit Drawings 5.31.23 (Revised).pdf
13.02MB
B-3186_B-5898 - Haywood County - NCDWR 401 Certification (Orginal).pdf
472KB
B-3186_B-5898 - Haywood County - USACE RGP 50 (Original).pdf
File must be PDF or KMZ
15.13MB
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
Date
7/11/2023
O