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HomeMy WebLinkAbout20210552 Ver 1_ePCN Application_20210916 DWR Division of Water Resources Pre-Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1,2021 Ver4.1 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?* R Yes r No Change only if needed. BIMS#Assigned* Version#* 20210552 1 Is a payment required for this project?* ✓ No payment required 6' Fee received Reviewing Office* ✓ Fee needed-send electronic notification Asheville Regional Office-(828)296-4500 Select Project Reviewer* Kevin Mitchell:eads\rkmitchell 1 Information for Initial Review la.Name of project: Replacement of Bridge No.580084 on SR 1234(Parker Padgett Rd)over 1-40 in McDowell County 1a.Who is the Primary Contact?* NCDOT 1b.Primary Contact Email:* 1c.Primary Contact Phone:* jhemphill@ncdot.gov (919)219-8581 Date Submitted 9/16/2021 Nearest Body of Water Catawba River Basin Catawba Water Classification C Site Coordinates Latitude: Longitude: 35.63641 -82.14360 A. Processing Information L) County(or Counties)where the project is located: McDowell Is this a NCDMS Project ✓ Yes ( 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: BR-0033 WBS#(9) 67033.1.1 Pre-Filing Meeting Information Is this a courtesy copy notification?* ✓ Yes G No ID# Version 20210552 1 Pre-fling Meeting or Request Date 3/10/2021 Attach documentation of Pre-Filing Meeting Request here: Click the upload button or drag and drop files here to attach document BR-0033 Pre-Filing Information.pdf 138.7KB Pie type nest be FCF 1a.Type(s)of approval sought from the Corps: I7 Section 404 Permit(wetlands,streams and waters,Clean Water Act) n Section 10 Permit(navigable waters,tidal waters,Rivers and Harbors Act) Has this PCN previously been submitted?* ✓ Yes ✓ No lb.What type(s)of permit(s)do you wish to seek authorization? fJ Nationwide Permit(NWP) n Regional General Permit(RGP) n Standard(IP) 1c.Has the NWP or GP number been verified by the Corps? G Yes r No 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 n 401 Water Quality Certification-Express n Non-404 Jurisdictional General Permit n Riparian Buffer Authorization n 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: r Yes 6' No For the record only for Corps Permit: r Yes 6 No If.Is this an after-the-fact permit application?* ✓ Yes f 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 lh.Is the project located in any of NC's twenty coastal counties? ✓ Yes 6 No 1j.Is the project located in a designated trout watershed? 6 Yes r No B. Applicant Information 1d.Who is applying for the permit? n Owner 17 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 2b.Deed book and page no.: 2c.Contact Person: 2d.Address Street Address N/A Address Line 2 City State/Province/Region n/a n/a Fbstal/Zip Code Country n/a n/a 2e.Telephone Number: 2f.Fax Number: (919)707-7050 2g.Email Address:* pharris@ncdot.gov 3.Applicant Information(if different from owner) 3a.Name: NCDOT 3b.Business Name: 3c.Address Street Address 1598 Mail Service Center Address Line 2 Cris State/Province/Region Raleigh NC Postal/Zip Code Country 27699-1598 US 3d.Telephone Number: 3e.Fax Number: (919)707-6110 3f.Email Address:* jhemphill@ncdot.gov C. Project Information and Prior Project History 1. Project Information lb.Subdivision name: (d appropriate) 1c.Nearest municipality/town: Old Fort 2. Project Identification 2a.Property Identification Number: 2b.Property size: 2c.Project Address Street Address Address Line 2 C,ty State/Rovince/Region Postal/Zip Code Country 3.Surface Waters 3a.Name of the nearest body of water to proposed project:* Catawba River 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. 030501010105 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:* Existing bridge:Superstructure is a 4 span(1@ 60'-6,1@ 67,1 @ 55',1 @ 50')-reinforced concrete deck with 4 rows of 36"steel I-beams,;Deck width from curb to curb:28' Substructure—End Bents—Reinforced concrete with steel H-piles with slopes;Bents:3 concrete caps with 2—2.5'diameter concrete columns.The site is a rural interchange surrounded by cultivated and undeveloped land with one business nearby. The jurisdictional resource impact site is not located at the bridge replacment,but at an adjacent exit ramp. 4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?* ✓ Yes r No r 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: 158' 4h.Explain the purpose of the proposed project:* NCDOT Bridge Management Unit records indicate Bridge 580084 was built in 1958 and is structurally deficient with a sufficiency rating of 51.39.Deterioration of concrete in Bent Caps 2 and 3 have led to a determination of Priority Maintenance as the bridge is approaching the end of its useful life. 4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:* The existing 233',4 span reinforced concrete bridge with steel I-beams is being replaced with a 209 foot,2-span reinforced concrete bridge with steel piles and girders.The existing bridge will be removed,and the proposed bridge will be placed east of the existing alignment,keeping the existing bridge during construction as a detour bridge.Standard road and bridge building equipment such as trucks,dozers,and cranes will be used. 5.Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* 6 Yes r No C Unknown Comments: 5b.If the Corps made a jurisdictional determination,what type of determination was made?* ✓ Preliminary r Approved Not Verified r Unknown r NIA Corps AID Number: 5c.If 5a is yes,who delineated the jurisdictional areas? Name(if known): Scott Shiflet Agency/Consultant Company: ATCS Other: 6. Future Project Plans 6a.Is this a phased project?* ✓ Yes rNo 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): r Wetlands 17 Streams-tributaries r Buffers r Open Waters r Pond Construction 3.Stream Impacts 3a.Reason for impact(?) 3b.Impact type* 3c.Type of impact* 3d.S.name* 3e.Stream Type* 3f.Type of 3g.S.width* 3h.Impact (?) Jurisdiction* length* S1 Lateral Base Ditch Permanent Relocation UT to Catawba River Intermittent Corps 2 109 Average(feet) (linear feet) S2 Lateral Base Ditch Temporary Stabilization UT to Catawba River Intermittent Corps 2 20 Average(feet) (linear feet) 3i.Total jurisdictional ditch impact in square feet: 0 3i.Total permanent stream impacts: 3i.Total temporary stream impacts: 109 20 3i.Total stream and ditch impacts: 129 3j.Comments: This stream is barely jurisdictional(21.75)with no aquatic life found at the time of the survey. E. Impact Justification and Mitigation v 1.Avoidance and Minimization 1a.Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: A design exception was utilized to lower the design speed,shorten the vertical curves,and increase the approach grade to the structure.This was done to minimize the length of the project to avoid the adjacent bridge over the Catawba River.This design also minimized impacts to the gas station property. lb.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Best Management Practices will be adhered to. 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 current intermittent,channelized linear ditch will be relocated in a similar lateral base ditch feature.An NCSAM form(attached)determined a lowto medium quality for the stream. F. Stormwater Management and Diffuse Flow Plan (required by DWR) u 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: 2.Stormwater Management Plan 2a.Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* ( Yes r 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 rNo 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(NEPA/SEPA)?* ( Yes rNo lc.If you answered"yes"to the above,has the document review been finalized by the State Clearing House?* ( Yes CNo 2.Violations(DWR Requirement) 2a.Is the site in violation of DWR Water Quality Certification Rules(15ANCAC 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 6 No 3. Cumulative Impacts(DWR Requirement) 3a.Will this project result in additional development,which could impact nearby downstream water quality?* ✓ Yes 6- No 3b.If you answered"no,"provide a short narrative description. Due to the minimal transportation impact resulting from this bridge replacement,this project will neither influence nearby land uses nor stimulate growth.Therefore,a detailed indirect or cumulative effects study will not be necessary. 4.Sewage Disposal(DWR Requirement) 4a.Is sewage disposal required by DWR for this project?* ✓ Yes G 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 r No 5b.Have you checked with the USFWS concerning Endangered Species Act impacts?* r: 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 5e.Is this a DOT project located within Division's 1-8? ✓ Yes G 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 r No 5g(1).If yes,have you inspected the bridge for signs of bat use such as staining,guano,bats,etc.? ( Yes r No If you answered"Yes"to 5g(1),did you discover any signs of bat use? ✓ Yes G No r Unknown 5h.Does this project involve the construction/installation of a wind turbine(s)?* ✓ Yes r 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 5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? FWS Website The only species with habitat on the project are NLEB&Gray bat-An August 22,2018 Bat memo reported suitable roosting habitat for NLEB and Gray bat on the bridge but no signs of bat use.In 2020,gray bats were found roosting on a bridge over 1-40 approximately 15 miles to the east of this project.A resurvey of the project bridge in 2021 found no evidence of bat use. 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?* Review of on-line mapping sources 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?* MCDC,State Historic Preservation Office Memo and Archaeology Memo.Additional Tribal Coordination letters requesting comment were sent July 14, 2021,to the Catawba,United Keetoowah Band of Cherokee,and Cherokee Nation tribes.Responses are included in this application package.The Eastern Band of Cherokee Indians were contacted in 2018 with no reply received. 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?* FEMA Flood Maps 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. (lick the upload button or drag and drop files here to attach docurrent BR-0033_Final_MCDC_Package_4.8.2019 Signed.pdf 4.19MB BR-0033 Permit Drawings 2021.05.10.pdf 2.94MB BR-0033 Catawba Response.pdf 173.9KB BR-0033 Muscogee(Creek)Nation Response.pdf 141.24KB BR-0033 Cover Letter.pdf 298.31KB BR-0033 NLEB and Gray Bat-SLOPES.pdf 258.07KB BR-0033 SAM Forms.pdf 283.81KB Hie crust be FIT or BhE Comments Approximately 0.07 acre of trees will be cut for this project.Percussive activities may be involved in bridge demolition and construction. Signature R * 17 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: Michael Anthony Turchy Signature Nei ieVit6,49 Tacit, Date 9/16/2021