HomeMy WebLinkAbout20220353 Ver 1_ePCN Application_20220307 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#*
20220353 1
Is a payment required for this project?*
No payment required
Fee received Reviewing Office*
Fee needed-send electronic notification Wilmington Regional Office-(910)796-7215
Select Project Reviewer*
Hannah Sprinkle:eads\hhsprinkle
Information for Initial Review
1a.Name of project:
BP3.R004-Brunswick Bridge 181
la.Who is the Primary Contact?*
Mason Herndon
1 b.Primary Contact Email:* 1c.Primary Contact Phone:*
tmherndon@ncdot.gov (910)341-2036
Date Submitted
3/7/2022
Nearest Body of Water
Sturgeon Creek
Basin
Cape Fear
Water Classification
C;Sw
Site Coordinates
Latitude: Longitude:
34.239261 -78.037237
A. Processing Information
County(or Counties)where the project is located:
Brunswick
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:
BP3.R004
WBS#(')
BP3.R004
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
1 b.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):
Id.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
1 i.Is the project located within a NC DCM Area of Environmental Concern(AEC)?
Yes No Unknown
1j.Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
Id.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:
NCDOT
2b.Deed book and page no.:
2c.Contact Person:
Mason Herndon
2d.Address
Street Address
5501 Barbados Blvd.
Address Line 2
City State/Province/Region
Castle Hayne NC
Postal/Zip Code Country
28429 USA
2e.Telephone Number: 2f.Fax Number:
(910)341-2036
2g.Email Address:*
tmherndon@ncdot.gov
C. Project Information and Prior Project History
1.Project Information
1 b.Subdivision name:
(if appropriate)
1c.Nearest municipality/town:
Leland
2.Project Identification
2a.Property Identification Number: 2b.Property size:
0.6 acre
2c.Project Address
Street Address
Old Fayetteville Road
Address Line 2
City State/Province/Region
Leland NC
Postal/Zip Code Country
28451 USA
3. Surface Waters
3a.Name of the nearest body of water to proposed project:*
Sturgeon Creek
3b.Water Resources Classification of nearest receiving water:*
C;Sw
3c. What river basin(s)is your project located in?*
Cape Fear
3d.Please provide the 12-digit HUC in which the project is located.
030300050502
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 project study area and vicinity consist of residential and commericial areas in the Town of Leland and undeveloped forested land.The proposed project is located approximately 0.3
mile upstream of US Highway 74/76.
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:
2.05
4g.List the total estimated linear feet of all existing streams on the property:
1,030
4h.Explain the purpose of the proposed project:*
Replace existing Bridge 126 on SR 1437(Old Fayetteville Road)over Sturgeon Creek.The sufficiency rating of the existing bridge is 21.
4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:*
The proposed project will replace the existing bridge on SR 1437(Old Fayetteville Road)over Sturgeon Creek in Brunswick County.The project wit replace the existing reinforced
concrete bridge on timber joists and piers with a cored slab bridge at the same location.The project work will consist of grading,widening,drainage improvements,bridge replacement,
paving,and pavement markings.An off-site detour is proposed.
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:
SAW-2016-02145
5c.If 5a is yes,who delineated the jurisdictional areas?
Name(if known): Mark Mickley
Agency/Consultant Company: Calyx Engineers and Consultants
Other:
5d.List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USACE PJD signed on October 26,2016.
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
2.Wetland Impacts
2a.Site#*(?) 2a1 Reason(?) 2b.Impact type*(?) 2c.Type of W.* 2d.W.name* 2e.Forested* 2f.Type of Jurisdicition*2g.Impact
(?) area*
W1 Fill P Bottomland Hardwood Forest W1 Yes Both 0.001
(acres)
W1 Excavation P Bottomland Hardwood Forest W1 Yes Both 0.002
(acres)
W1 Mechanized Clearing P Bottomland Hardwood Forest W1 Yes Both 0.008
(acres)
W2 Fill P Bottomland Hardwood Forest W2 Yes Both 0.073
(acres)
W2 Excavation P Bottomland Hardwood Forest W2 Yes Both 0.001
(acres)
W2 Mechanized Clearing P Bottomland Hardwood Forest W2 Yes Both 0.035
(acres)
W3 Fill P Bottomland Hardwood Forest W3 Yes Both 0.034
(acres)
W3 Excavation P Bottomland Hardwood Forest W3 Yes Both 0.030
(acres)
W3 Mechanized Clearing P Bottomland Hardwood Forest W3 Yes Both 0.041
(acres)
W4 Fill P Bottomland Hardwood Forest W4 Yes Both 0.007
(acres)
W4 Excavation P Bottomland Hardwood Forest W4 Yes Both 0.013
(acres)
W4 Mechanized Clearing P Bottomland Hardwood Forest W4 Yes Both 0.008
(acres)
W1 Hand Clearing T Bottomland Hardwood Forest W1 Yes Both 0.020
(acres)
W3 Hand Clearing T Bottomland Hardwood Forest W3 Yes Both 0.048
(acres)
W4 Hand Clearing T Bottomland Hardwood Forest W4 Yes Both 0.007
(acres)
2g.Total Temporary Wetland Impact 2g.Total Permanent Wetland Impact
0.075 0.253
2g.Total Wetland Impact
0.328
2i.Comments:
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 Roadway Improvements Permanent Bank Stabilization Sturgeon Creek Perennial Corps 2 115
Average(feet) (linear feet)
3i.Total jurisdictional ditch impact in square feet:
0
3i.Total permanent stream impacts: 3i.Total temporary stream impacts:
115 0
3i.Total stream and ditch impacts:
115
3j.Comments:
103 If of stream channel will be relocated.
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 proposed bridge replacement will occur as much as practicable within the footprint of the existing bridge.Wetland and stream impacts have been
minimized as much as practicable using 2:1 rock plated slopes to the maximum extent practicable.
lb.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
All necessary sediment and erosion control BMPs will be installed and maintained through construction.Disturbed ground will be restored and stabilized
with permanent vegetative cover.NCDOT Best Management Practices will be implemented throughout construction.
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: 4c.If using stream mitigation,what is the stream temperature:
(Linear feet)
4e.Riparian wetland mitigation requested:
4d.Buffer mitigation requested(DWR only): (acres)
(square feet) 0.506
4f.Non-riparian wetland mitigation requested: 4g.Coastal(tidal)wetland mitigation requested:
(acres) (acres)
4h.Comments
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 located in the Cape Fear River Basin in Brunswick County.NC Riparian Buffer Protection Rules do not apply.
2. Stormwater Management Plan
2a.Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
Yes No
Comments:
See attached SMP.
G. Supplementary Information
1. Environmental Documentation
la.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.
The proposed project will result in minimum new impervious surface and will not result in any downstream impacts or growth-stimulating effects.The
existing use of Sturgeon Creek(C;Sw)should not change as a result of this project.
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.
Raleigh
5d.Is another Federal agency involved?*
Yes No Unknown
5e.Is this a DOT project located within Division's 1-8?
Yes No
5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
North Carolina Natural Heritage Program Data and on-site evaluations by CALYX and Terracon.
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?*
http://www.habitat.noaa.gov/protection/efhmapper
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?*
Archaeology and historic architecture reviews were conducted by NCDOT(documentation attached).
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:
Sturgeon Creek is subject to MOA1 Criteria.This project has a maximum decrease of 0.1 ft.
8c.What source(s)did you use to make the floodplain determination?*
fris.nc.gov
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
BP3.R004_Permit Drawings_20220224.pdf 6.37MB
BC 181 Cultural Resources Letters.pdf 305.28KB
WRC No Moratorium Email.pdf 214.5KB
File must be PDF or KMZ
Comments
T&E-Based on field observations wood stork habitat is present within the project study area therefore,the USFWS PBE for wood stork and its conditions will be applicable to this project.
NLEB is listed in Brunswick County therefore the NLEB PBO and it's conditions will be applicable to this project.
WRC during scoping recommended that an in water work moratorium for anadromous fish be adhered to during the construction of this project.Through additional coordination with WRC
it has been determined that a moratorium is not required.Email from WRC is attached.
Permit Drawings and Impact Summary are attached.
Signature u
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:
Mason Herndon
Signature
Waver st edelsK
Date
3/7/2022