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