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HomeMy WebLinkAbout20210446 Ver 1_ePCN Application_20220215 DWR Division of Water Resources Pre-Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) December 6,2021 Ver 4.2 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. BIMS#Assigned* Version#* 20210446 1 Is a payment required for this project?* No payment required Fee received Reviewing Office* Fee needed-send electronic notification Mooresville Regional Office-(704)663-1699 Select Project Reviewer* Donna Hood:eads\drhood Information for Initial Review 1a.Name of project: B-5808-Replacement of Bridges 57 and 59 on US 29/601(Concord Parkway)over Irish Buffalo Creek la.Who is the Primary Contact?* NCDOT lb.Primary Contact Email:* 1c.Primary Contact Phone:* ekcheely@ncdot.gov (919)707-6108 Date Submitted 2/15/2022 Nearest Body of Water Irish Buffalo Creek Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: Longitude: 35.415111 -80.613390 A. Processing Information County(or Counties)where the project is located: Cabarrus Is this a NCDMS Project Yes No 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-5808 WBS#(') 45762.1.1 la.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 lb.What type(s)of permit(s)do you wish to seek authorization? Nationwide Permit(NWP) Regional General Permit(RGP) Standard(IP) lc.Has the NWP or GP number been verified by the Corps? Yes No Regional General Permit(RGP)Number: 201902350-Work associated with bridge construction,widening,replacement,and interchanges RGP Numbers(for multiple RGPS): 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 lf.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 lh.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 ld.Who is applying for the 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: NC Department of Transportation 2b.Deed book and page no.: 2c.Contact Person: 2d.Address Street Address 1598 Mail Service Center Address Line 2 City State/Province/Region Raleigh NC Postal/Zip Code Country 27699 USA 2e.Telephone Number: 2f.Fax Number: (919)707-6108 2g.Email Address:* pharris@ncdot.gov C. Project Information and Prior Project History 1.Project Information 1 b.Subdivision name: (if appropriate) 1c.Nearest municipality I town: Concord 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:* Irish Buffalo Creek 3b.Water Resources Classification of nearest receiving water:* C 3c. What river basin(s)is your project located in?* Yadkin-PeeDee 3d.Please provide the 12-digit HUC in which the project is located. 030401050203 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:* Surrounding land use is primarily commercial and residential with small amounts of patchy forested areas. 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: 916 4h.Explain the purpose of the proposed project:* The purpose of this project is to replace two structurally deficient and functionally obsolete bridges.NCDOT Bridge Management Unit records indicate Bridge No.57 and Bridge No.59 have sufficiency ratings of 48.27 and 49.73 out of a possible 100 for a new structure(respectively).Bridge No.57 and Bridge No.59 are considered structurally deficient due to a substructure condition appraisal of 4 out of 9 according to Federal Highway Administration(FHWA)standards.The two bridges also meet the criteria for functionally obsolete due to a deck geometry appraisal of 2 out of 9.Both bridges are approaching the end of their useful lives. 4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:* The proposed project will replace the two existing 172 foot-long three-span bridges with a single 190'long three-span bridge on the same alignment.Traffic will be staged/phased on the existing bridge and new bridge during construction. 5. Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments: Only impacts are to Irish Buffalo Creek.(Only perennial streams were identified within the project study area.) 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): Chris Sheats and Nathan Howell Agency/Consultant Company: Three Oaks Engineering 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? No. 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 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 Site 1-Bank Stabilization Permanent Bank Stabilization Irish Buffalo Creek Perennial Both 35 265 Average(feet) (linear feet) S2 Site 1-Impervious Dikes Temporary Dewatering Irish Buffalo Creek Perennial Both 35 10 Average(feet) (linear feet) 3i.Total jurisdictional ditch impact in square feet: 0 3i.Total permanent stream impacts: 3i.Total temporary stream impacts: 265 10 3i.Total stream and ditch impacts: 275 3j.Comments: Note-Temporary impacts total 275 linear feet(0.05 acre),but 265 linear feet overlap with the bank stabilization impacts. E. Impact Justification and Mitigation 1.Avoidance and Minimization la.Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The existing drainage patterns are being maintained in the proposed condition.The majority of the bridge drainage will flow into a rip-rap energy dissipator basin.However,during high flow events,in order to keep water out of the travel lanes,8 deck drains will help supplement drainage.Water discharging from these drains will flow into Class II rip-rap.The nearest drain is approximately 20 feet from Irish Buffalo Creek. lb.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: NCDOT will adhere to Best Management Practices for Construction and Maintenance Activities.The existing bridge will be used during construction while the new bridge is being built in phases,eliminating the need to construct an on-site temporary detour bridge.Impervious dikes and dewatering operation will be performed during the installation of streambank installation. 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 NCDOT does not propose mitigation for the temporary and bank stabilization impacts related to this project.These impacts do not require permanent fill in the stream bed,therefore, under Section 404 of the Clean Water Act,do not constitute Loss of Waters of the U.S.,and are not subject to compensatory mitigation. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la.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: No buffered resources within project 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 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 No 1c.If you answered"yes"to the above,has the document review been finalized by the State Clearing House?* Yes No 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. 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 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 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 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 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? As of 2/7/2022,the USFWS identifies three species within the project area. NLEB is consistent with 4(d)(see attached NLEB memo which was sent to USFWS 1/26/22 and response received 2/1/22). Surveys for Carolina heelsplitter were conducted on 10/13/16 and 9/22/20.No individuals of this species were found during either survey.Per USFWS guidance from March 2021,since the project is outside of Goose,Waxhaw,Duck or 6-mile Creek drainages,no further surveys are required and the biological conclusion is No Effect for this species. Surveys for Schweinitz's sunflower were performed in August 2016,October 2019,and October 2021(most recent survey memo attached).No individuals of this species,genus,or associated species were identified during any of these surveys.The biological conclusion for Schweinitz's sunflower remains No Effect. 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 County Index 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?* NEPA documentation,Historic Architecture and Archaeology memos,and Tribal Coordination. 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?* FEMA 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. Click the upload button or drag and drop files here to attach document B-5808 Pm-Filing Meeting Request.pdf 53.05KB B-5808 NLEB 4d Memo.pdf 265.02KB B-5808 2021-10-18 Sunflower Survey.pdf 470.94KB B-5808 2018-05-11 No Archaeological Survey Required.pdf 941.53KB B-5808 2016-02-17 No Architecture Survey Required.pdf 542.87KB B-5808 2020-11-16 Catawba Response.pdf 497.76KB B-5808 2021-11-04 Permit Drawings.pdf 3.45MB B-5808 CE Document_signed.pdf 5.16MB B-5808 Cover Letter.pdf 297.41KB 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: Michael Turchy Signature Date 2/15/2022