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HomeMy WebLinkAbout20221394 Ver 2_ePCN Application_20230622DWR Division of Water Resources 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: 6/21/2023 BIMS # Assigned 20221394 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer's Kevin Mitchell:kevin.mitchell@ncdenr.gov Information for Initial Review la. Name of project: Bridge 990274 Yancey 1a. Who is the Primary Contact?* Karina Clough 1b. Primary Contact Email: kaclough@ncdot.gov Date Submitted 6/22/2023 Nearest Body of Water Little Creek Basin French Broad Water Classification Class C, Tr Site Coordinates Latitude: 36.001487 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Yancey Is this a NCDMS Project Yes No Longitude: -82.399349 Version#* 2 Reviewing Office* Asheville Regional Office - (828) 296-4500 1c. Primary Contact Phone: x (828)545-8681 a 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: SF-990274 WBS # (?) BP13.R001 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 Please provide the date of the previous submission. 4/29/2022 1b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) 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: RGP Numbers (for multiple RGPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 201902350 - Work associated with bridge construction, widening, replacement, and interchanges 1e. 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 1h. 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) 1e. 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.: 401 Water Quality Certification - Express Riparian Buffer Authorization * Yes No Yes No 2c. Contact Person: 2d. Address Street Address 55 Orange St. Address Line 2 City State / Province / Region Asheville NC Postal / Zip Code Country 28801 US 2e. Telephone Number: 2f. Fax Number: (828)545-8681 2g. Email Address:* kaclough@ncdot.gov C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (If appropriate) 1c. Nearest municipality / town: Burnsville 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:" Little Creek 3b. Water Resources Classification of nearest receiving water: Class C, Tr 3c. What river basin(s) is your project located in?* French Broad 3d. Please provide the 12-digit HUC in which the project is located. 060101080306 4. Project Description and History 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: Existing bridge and pipe on paved SR 1410 (Bradford Road) surrounded by low density housing, pastures, and forestland. 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: 0.0 4g. List the total estimated linear feet of all existing streams on the property: 200 4h. Explain the purpose of the proposed project: * The project will replace an existing 54" corrugated metal pipe along UT to Little Creek with a 87"x63" corrugated aluminum arch pipe including a 90 degree headwall at the inlet. The second major structure, along Little Creek, is a 2@10'x7' reinforced concrete box culvert with a beveled headwall that will replace an existing 1@30'-6" timber deck on steel I -Beam single span bridge on vertical timber abutments. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The pipe replacement and extension will impact 42' on an UT to Little Creek and the culvert will impact 51' along Little Creek both for bank stabilization. The project equipment will include excavator and trucks. Indirect impacts may include sedimentation during construction. Use of erosion control measures and BMP's will minimize potential sediment loss during the project. 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: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: 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? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries O Buffers Open Waters Pond Construction 3. Stream Impacts u 3a. Reason for impact (?) 3b.ImPact type " 3c. Type of impact* 3d. S. name * 3e. Stream Type* 3f. Type of 3g. S. width 3h. Impact (?) Jurisdiction* length* S1 Culvert Permanent Culvert UT to Little Creek Perennial Both 42 Average (feet) (linear feet) gy Bank Stabilization Permanent Bank Stabilization J UT to Little Creek Perennial Both 40 Average (feel) (linear feet) S3 Impervious Dike Temporary Dewatering UT to Little Creek Perennial Both 25 Averege (feet) (linear feet) S4 Box Culvert Permanent Culvert Little Creek Perennial Both 15 51 Average (feet) (linear feet) S5 Bank Stabilization Permanent Bank Stabilization Little Creek Perennial Both 15 60 Averege (feet) (linear feet) S6 Impervious Dike Permanent Dewatering Little Creek Perennial Both 15 74 Average (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 267 25 3i. Total stream and ditch impacts: 292 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 0 `1 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: All drainage improvements have been designed to have as little environmental and surface water impacts as possible. Coir fiber and matting and rip -rap were utilized for bank stabilization where necessary in an attempt to reduce sediment transport and streambank erosion. Where required, channel improvements were made to provide a better transition from existing channels to proposed structure crossings. Channel improvements were lined with CL II riprap to reduce sediment transport. Grassed swales were used when possible. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: BMPs and erosion control for sensitive watersheds during construction will be used to minimize sediment loss during the project. 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: (linear feet) 93 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested (acres) 4h. Comments 4c. If using stream mitigation, what is the stream temperature: cold 4e. Riparian wetland mitigation requested: (acres) 49. Coastal (tidal) wetland mitigation requested: (acres) 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 buffer rules for tributaries to French Broad River. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? Yes No Comments: SMP Plan included in the permit drawings. 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 1b. 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 Comments: * Minimum Criteria Project 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. 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 is the lead agency 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? IPAC mapping 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?'� Current mapping 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?" Field investigations 8. Flood Zone Designation (Corps Requirement) Be. 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 Mapping Miscellaneous 0 u 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 flies here to attach document BP13.R001_MCDC_Yancey_Bridge_990274_UPDATED.pdf 770.02KB BP13.R001_Permit Drawings_20221205.pdf 2.05MB Bridge 990274 DMS Mitigation Acceptance Letter Rev..pdf 279.77KB Bridge 990274 Yancey Bat Habitat Assessment Form 06.20.23.pdf 853.03KB Bridge 990274 Yancey Project Summary.pdf 539.02KB Bridge 990274 Yancey Tribal Consultation Request.pdf 1.48MB Catawba Nation comments for Bridge 990274 (1).pdf 467.61 KB Yancey 274 No NRHP Sites Present form 2022.pdf 4.36MB Yancey 274_NRTR_FINAL _20230614.pdf 1.51 MB 18-05-0016NoHistPropsUpdate (1).pdf File must be PDF or KMZ 818.19KB 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: Karina Clough Signature C)CWi tra I Date 6/22/2023 8