20181252 Ver 2_ePCN Application_20230713

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:
9/13/2018
BIMS # Assigned
20181252
Is a payment required for this proi
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer's
Kevin Mitchell:[e-mail]
Information for Initial Review
la. Name of project:
R-5735 RAB
1a. Who is the Primary Contact?*
Patrick J. Breedlove
1b. Primary Contact Email:
[e-mail]
Date Submitted
7/13/2023
Nearest Body of Water
Hiawassee River
Basin
Hiwassee
Water Classification
Class C
Site Coordinates
Latitude:
35.076640
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:
-84.043583
Version#*
2
Reviewing Office*
Asheville Regional Office - [phone]
1c. Primary Contact Phone: x
[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-5735
WBS#M
50193.1.1
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:
Hiawassee River
3b. Water Resources Classification of nearest receiving water:
Class C
3c. What river basin(s) is your project located it *
Hiwassee
3d. Please provide the 12-digit HUC in which the project is located.
060200020702
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 area is an urban strip adjacent to a 4-lane highway (U.S. 19/64/74/129) with center turn lane divided on the western portion of the town of Murphy
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 Project Number: SAW-2018-02070
NCDWR Project Number: 20181252
The above permit was issued for the 4-lane improvement project which is in the same footprint as the roundabout. The roundabout was determined to be needed after the expiration of the
above permits for traffic safety.
4f. List the total estimated acreage of all existing wetlands on the property:
0.00
4g. List the total estimated linear feet of all existing streams on the property:
500
4h. Explain the purpose of the proposed project: *
The project involves minor widening of the cross -over road between U.S. 19 Business and U.S. 19164/74/129 and the construction of a roundabout structure to provide traffic safety. The
proposed project is located within the cross -over road footprint between the Alpine Animal Hospital & Veterinary Clinic and the Big D Convenience Food Store. Originally, the R-5735
project did not recognize the traffic volume on the cross -over road until the roadway improvements were complete. The roundabout will provide an intersection improvement onto U.S.
19/64/74/129 highway.

4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The NCDOT contractor will install erosion and sediment control devices and the dewatering device in the unnamed tributary (UT) to Hiawassee River. Once the dewatering device is in
place, the 210 linear feet of 60" reinforced concrete pipe (RCP) will be installed as well as the 10 linear feet of riprap bank stabilization. The dewatering device will be removed. Then the fill
slopes and roundabout foundation will be completed. Utility connections will be made, curb and guttering will be constructed, and final paving will be completed. Site will be matted and
seeded as soon as grading activities are complete. Construction equipment are as followed: excavator, compaction equipment, dump trucks, paving equipment, pumps and hand tools. All
construction will be completed at night due to annual daily traffic and to eliminate business impacts due to utility connections.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O 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 Buffers
Open Waters Pond Construction
3. Stream Impacts
O
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
❑
M
Jurisdiction*
liength*
S1
Site 1 (Culvert)
Permanent
Culvert
UT to Hiawassee River (SA)
Perennial
Both
210
Averege (faeQ
(linear feet)
gp
Site 1A (Riprap)
Permanent
Bank Stabilization J
UT to Hiawassee River (SA)
Perennial
Both
10
Average (feet)
(linear feet)
S3
Site 1 B (Dewatering)
Temporary
Dewatering
UT to Hiawassee River (SA)
Perennial
Both
2
218
Averege (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 31. Total temporary stream impacts:
220 218
31. Total stream and ditch impacts:
438
3j. Comments
E. Impact Justification and Mitigation
1. Avoidance and Minimization
0
u

1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The fill slopes for the roundabout structure have been designed for the minimum slope criteria to establish the roundabout foundation. The unnamed
tributary impacts have been limited to the extent possible to keep roundabout in the cross -over road alignment.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The on -site stream (UT to Hiawassee River) will be temporarily diverted/dewatered while the reinforced concrete pipe (RCP) is installed. Erosion and
sediment control measures will be installed prior to ground disturbance. Both of these measures will aid in the prevention of sediment into downstream
habitats.
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)
210
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:
cold
4e. Riparian wetland mitigation requested:
(acres)
49. Coastal (tidal) wetland mitigation requested:
(acres)
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
Ga. 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
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: *
NCDOT MCDC Completed.
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 adding capacity or providing access to current undeveloped areas.
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?
USFWS iPAC
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?
The R-5735 project was reviewed and cleared by the NCDOT Human Environment Staff in consultation with Cherokee Tribes. The roundabout is located
within the APE that was previously reviewed.
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?"
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-5735 RAB - Cherokee County - Cover Letter RGP 50.pdf
93.18KB
R-5735 RAB - Cherokee County - Topo Map.pdf
1.84MB
R-5735 RAB - Cherokee County - Vicinity Map.pdf
409.8KB
R-5735 RAS - Cherokee County - NRCS Soil Map.pdf
1.21 MB
R-5735 RAB - Cherokee County - Permits Drawings (Final).pdf
4.42MB
R-5735 RAB - Cherokee County - Site Photos.pdf
3.57MB
R-5735 - Cherokee County - Architecture No Historic Properties Present or Affected.pdf
6.9MB
R-5735 - Cherokee County - Archaeology No Survey Required Addendum.pdf
480.37KB
R-5735 RAB - Cherokee County - PJD (Final).pdf
1.04MB
R-5735 RAB - Cherokee County - Mitigation Acceptance Letter.pdf
230.31 KB
R-5735 RAB - Cherokee County - Botanical Survey (2023).pdf
47.37KB
R-5735 RAS - Cheorkee County - SMP.pdf
113.03KB
R-5735 RAB - Cherokee County - N.C. Hertiage Progranrl
1.91 MB
R-5735 RAB - Cherokee County - Farmland Classification.pdf
364.91 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
Date
7/13/2023
L