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HomeMy WebLinkAbout20221711 Ver 1_401 Application_20221201DW R mrlsloa of ware. Besourcrs Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 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. Pre -Filing Meeting Date Request was submitted on: 4/20/2022 BIMS # Assigned" Version#* 20221711 1 Is a payment required for this project? No payment required Fee received Reviewing Office* Fee needed - send electronic notification Asheville Regional Office - (828) 296-4500 Select Project Reviewer* Kevin Mitchell:eads\rkmitchell Information for Initial Review 1a. Name of project: R-3430B: Replace Bridge 110010 over Lake Rhodhiss (Catawba River) on Malcolm Blvd/Connelly Springs Rd (SR 1001) 1a. Who is the Primary Contact?* Erin Cheely 1 b. Primary Contact Email:" 1c. Primary Contact Phone:* ekcheely@ncdot.gov (919)707-6108 Date Submitted 12/1 /2022 Nearest Body of Water Lake Rhodhiss (Catawba River) Basin Catawba Water Classification WS-IV; B; CA Site Coordinates Latitude: Longitude: 35.77993-81.52460 A. Processing Information County (or Counties) where the project is located: Burke Caldwell Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No u Is this a NCDOT Project?* Yes No (NCDOT only) T.I.P. or state project number: R-3430B WBS # (?) 34544.1.4 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 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (N W P) Regional General Permit (RGP) Standard (IP) 1c. 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: For the record only for Corps Permit: 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 1 h. 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 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: Yes No Yes No u 2d.Address Street Address 1598 Mail Service Center Address Line 2 City Raleigh Postal / Zip Code 27699 2e. Telephone Number: (919)707-6000 2g. Email Address:* maturchy@ncdot.gov C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality I town: Valdese 2. Project Identification 2a. Property Identification Number: 2c. Project Address Street Address Address Line 2 City Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Lake Rhodhiss (Catawba River) 3b. Water Resources Classification of nearest receiving water:* WS-IV; B; CA 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 03050101 4. Project Description and History State / Province / Region NC Country USA 2f. Fax Number: 2b. Property size: State / Province / Region Country 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 a mix of forested, residential, and recreational. 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: 0.02 4g. List the total estimated linear feet of all existing streams on the property: 2771 4h. Explain the purpose of the proposed project: * The purpose of the project is to replace the structurally deficient Bridge No. 110010 over the Catawba River. Prior to approximately $5 million in bridge maintenance improvements between 2018 and 2019, the bridge had a sufficiency rating of 8 out of 100. The 2020 NCDOT Bridge Management Unit records indicate the bridge currently has a sufficiency rating of 37.55 out of a possible 100. R-3430B was previously part of a larger improvement project, R-3430, but was split out as a separate project in early 2022 with its own Minimum Criteria Determination Checklist (MCDC) and its own purpose and need separate from the A and C sections. R-3430B has logical termini (as it is just replacing the bridge with roadway tie-ins on either side), is a usable and reasonable expenditure if the remainder of Malcolm Blvd/Connelly Springs road is not improved (as the bridge is structurally deficient), and does not restrict any alternatives to the potential future roadway improvements north or south of the bridge. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * This project is the replacement of NCDOT Structure Bridge #110010. The existing bridge has one 11-foot travel lane in each direction with roadway ditches on both sides. The replacement bridge will have one 12-foot travel lane in each direction and 5-foot paved shoulders with roadway ditches on both sides. The proposed bridge will be approximately 1,075 feet in length and will be approximately 6.5 feet higher than the existing bridge. The bridge will be replaced just west of the existing alignment with traffic utilizing the existing bridge during construction. Standard road 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?* 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-2019-01368 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Nathan Howell and Cody Parks Three Oaks Engineering 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR PJD issued by USACE 8/22/19 after site visit 4/23/19. PJD is for the entire R-3430 corridor (sections A, B, and C). 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 4. Open Water Impacts 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type �114e. Waterbody type 4f. Impact area Temporary Rock T Catawba River (Lake Rhodhiss) Causeway Lake 0.06 Causeway Temporary Rock T Catawba River (Lake Rhodhiss) Causeway Lake 0.19 Causeway Excavation T Catawba River (Lake hiss) Rhod Excavation Lake 0.02 4g. Total temporary open water Impacts: 4g. Total permanent open water impacts: 0.27 0.00 4g. Total open water impacts: 0.27 4h. Comments: All temporary impacts are associated with access to construct new bridge and remove existing. Barges will be used for the majority of this work. Proposed area of new piers in water is 264 sq ft. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Neuse Tar -Pamlico Catawba Randleman Goose Creek Jordan Lake Other 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Site 1: Allowable Roadway Fill P Catawba River (Lake Rhodhiss) No 0 924 Site 1: Allowable Bridge P Catawba River (Lake Rhodhiss) No 7,955 4,453 Site 2: Allowable Bridge P Catawba River (Lake Rhodhiss) No 11,721 6,877 -liSite 2: Allowable Roadway Fill near bridge P Catawba River (Lake Rhodhiss) No 1,083 1,798 Site 2: Allowable Roadway Fill near DRW1 P Catawba River (Lake Rhodhiss) No 0 1,377 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 20,759.00 15,429.00 Zone 1 Zone 2 Total combined buffer impacts: 20,759.00 15,429.00 6i. Comments: 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: Eastern alignments that would have severely affected the nearby Castle Bridge Boat Access ramp were eliminated from consideration. Utilizing the existing bridge during construction eliminated potential additional temporary impacts from a temporary detour bridge or phased construction. Roadway slopes to the south were pulled in as much as possible to avoid and minimize impacts to dwarf -flowered heartleaf populations. Additional avoidance and minimization measures are outlined in the attached October 2022 Biological Assessment. 1 b. 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 utilization of barges for construction and demolition minimizes the need for extensive causeways. Numerous other proposed measures to protect federally listed species during construction are outlined in the October 2022 Biological Assessment. 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 open water impacts associated with this project. These impacts do not require permanent fill in the river 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. All buffer impacts are allowable. 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 What type of SCM are you providing? Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Other SCM that removes minimum 30 % nitrogen Proposed project will not create concentrated stormwater flow through the buffer 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 1 b. 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 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? USACE 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 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? As of 11/30/22, IPaC lists 7 federally protected species and one proposed endangered species within the R-3430B project area. There is no habitat for bog turtle or rock gnome lichen within the project area. Surveys for small whorled pogonia were conducted in spring 2021 and 2022, and no individuals were found. There are populations of dwarf -flowered heartleaf within the project area that will be impacted. This species as well as the three listed bats (gray, northern long-eared, and Virginia big -eared), proposed bat (tricolored), and an ARS bat (little brown) are addressed in the attached November 2022 Biological Assessment (BA). Proposed Biological Conclusions for all species are included in the BA. The USACE is the lead federal agency for this project and will coordinate with the USFWS to resolve Section 7 for this project. 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?* Historic Architecture and Archaeology reviews and Tribal coordination (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: 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 R-3430 B Burke Caldwell December 2022.pdf 67.19MB 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 mv� T" Date 12/1 /2022