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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