HomeMy WebLinkAbout20221711 Ver 1_401 Application_20221201DW R
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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