20240286 Ver 1_ePCN Application_20240215

i DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 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.
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned Version# *
20240286 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Asheville Regional Office - [phone]
Information for Initial Review
la. Name of project:
Rhoda Street Culvert Replacement and Flood Damage Repair project
1a. Who is the Primary Contact?*
Jonathan Herman
1b. Primary Contact Email: *
[e-mail]
Date Submitted
2/15/2024
Nearest Body of Water
Un-named Tributary to
Basin
French Broad
Water Classification
C
Site Coordinates
Latitude:
35.5212
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:
-82.8335
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Joey Winston:Joey.Winston
1c. Primary Contact Phone:*
[phone]
$570.00
$767.00
Is this project a public transportation project?*
Yes No

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
Nationwide Permit (NWP) Number: 03 - Maintenance
Nationwide Permit (NWP) Number: 13 - Bank Stabilization
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular 401 Water Quality Certification - Express
Non-404 Jurisdictional General Permit Riparian Buffer Authorization
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification: Yes No
For the record only for Corps Permit: Yes No
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 forthe permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
N/A - Drainage Easement
2b. Deed book and page no.:
N/A - Drainage Easement
2c. Contact Person:
Nick Scheuer, Town Manager
2d.Address
Street Address
85 Summer Street
Address Line 2
city
State / Province / Region
Canton
North Carolina
Postal / zip Code
Country
28716
United States

2e. Telephone Number:
[phone]
2g. Email Address:'
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Nick Scheuer, Canton Town Manager
3b. Business Name:
Town of Canton
3c.Address
Street Address
85 Summer Street
Address Line 2
City
Canton
Postal / Zip Code
28716
3d. Telephone Number:
[phone]
3f. Email Address:"`
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Jonathan Herman
4b. Business Name:
McGill Associates, P.A.
4c.Address
Street Address
1240 19th Street Lane NW
Address Line 2
City
Hickory
Postal / Zip Code
28601
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
2f. Fax Number:
State / Province / Region
North Carolina
Country
United States
3e. Fax Number:
State / Province / Region
North Carolina
Country
United States
4e. Fax Number:
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality I town:
Canton, North Carolina
2. Project Identification
2a. Property Identification Number: 2b. Property size:
2c. Project Address
Street Address
Address Line 2
City State / Province / Region
Postal / Zip Code Country
3. Surface Waters

3a. Name of the nearest body of water to proposed project:
Un-named Tributary to
3b. Water Resources Classification of nearest receiving water:"
C
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.
060101060104
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: *
The Pigeon River Tributary in the Town of Canton, North Carolina is a Federal Emergency Management Agency (FEMA) regulated stream that drains to the Pigeon River. The Pigeon
River Tributary makes a sharp bend crossing under Rhoda Street through an arched corrugated metal pipe (CMP)/culvert. A single span bridge (a privately owned driveway) is located
immediately upstream of the culvert. In August 2021, intense flooding associated with Tropical Storm Fred resulted in widespread damage throughout the Town including damages to
Rhoda Street at this culvert. Flooding damages reported at Rhoda Street included severe washout of soil backfills adjacent to and atop the culvert ends. The damages extended to cause
massive erosion to channel banks of the Pigeon River Tributary downstream and upstream of the culvert. On September 8, 2021, a major disaster declaration was issued for seven
impacted counties in North Carolina including Haywood County. The land use in the project vicinity is single family residential.
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:
0
4g. List the total estimated linear feet of all existing streams on the property:
386
4h. Explain the purpose of the proposed project: *
The purpose of this project is to repair damages caused by the storm and to reduce potential for future damage by increasing the conveyance capacity of the Rhoda Street culvert, and to
stabilize the eroded banks. The existing culvert causes a sharp change in the channel flow direction and is undersized to handle a 10-year 24-hour storm per FEMA Effective Model. The
10-year storm is the minimum required storm for roads in Haywood County Subdivision and Pre -Development Ordinance § 152A.41 and is a typical minimum design storm used for
roadway drainage.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The existing culvert will be replaced with a 3-sided ("bottomless") box culvert set on bedrock. Channel erosion upstream and downstream of the culvert will be repaired by a combination of
gabion walls and vegetative bank stabilization. Gabion walls are required due to the limited space between the stream and the nearby roadway and structures. The project will temporarily
impact 338 linear feet and permanently impact 26 linear feet of stream channel. No indirect impacts are anticipated as a result of the project. Equipment anticipated to complete project
work including excavators, skid steers, front end loaders, and dump trucks.
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): Alex Lowdermilk
Agency/Consultant Company: McGill Associates, P.A.
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
F
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
Bank Stabilization
Temporary
Bank Stabilization J
UT -Pigeon River
Perennial
Both
13
46
Average (feet)
(linear feet)
S2
Culvert Replacement
Temporary
Culvert
UT -Pigeon River
Perennial
Both
48
Aveage (feet)
(linear feet)
S3
Culvert Replacement
Permanent
Culvert
UT -Pigeon River
Perennial
Both
12
26
Average (feet)
(linear feet)
gq
Bank Stabilization
Temporary
Bank Stabilization J
UT -Pigeon River
Perennial
Both
18
244
Average (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
26
3i. Total stream and ditch impacts:
364
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
338
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The upstream end of the proposed culvert was shifted to align more closely with the natural stream channel. A 3-sided ("bottomless") box culvert over
bedrock is proposed to mimic a natural channel bottom. Due to the spatial constraints of the site gabion walls are proposed in some locations along
streambanks to prevent future bank failure and erosion. Turf reinforced matting is proposed to stabilize upper streambank areas.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
A temporary stream bypass will be used so instream work can occur in the dry. Silt fence will be installed around the perimeter of disturbed areas to
prevent sediment migration. A native riparian seed mix will be applied to streambank areas.
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:
As per conditions of NWP #3 and #13, the proposed impacts do not exceed thresholds requiring compensatory mitigation.
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 located within the French Broad river basin which has no 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?
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
O
O
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
Comments: *
It is my understanding the federal FEMA funding was appropriated for damage caused by Tropical Storm Fred. It is assumed the project is statutorily
excluded from NEPA requirements.
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 involves replacement of an undersized culvert and stabilization of an eroded streambank. The new culvert would not allow for a wider road
with additional lanes or promote land development.
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
What Federal Agency is involved?
FEMA
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
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?
USFWS Information for Planning and Consultation tool
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 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?"
North Carolina State Historic Preservation Office
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:
A floodplain development permit will be obtained from the Town of Canton. McGill Associates engineers certified that the proposed project will not
increase the base flood elevations or increase the non -encroachments widths of the tributary (i.e. "No -Rise" Certification).
8c. What source(s) did you use to make the floodplain determination?
FEMA FIRM Map Panel #8656 (see Appendices)
Miscellaneous U
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
22.3002-Appendices final.pdf 15.59MB
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:
Jonathan M. Herman
Signature
Date
2/15/2024
U