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HomeMy WebLinkAbout20230787 Ver 2_ePCN Application_20240105DW R DHlsloo of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) October 2, 2023 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. Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or fuel, including natural gas, diesel, petroleum, or electricity? Yes No BIMS # Assigned Version# * 20230787 2 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Mary Plummer:mary.plummer Information for Initial Review la. Name of project: U-6146 / B-5857 la. Who is the Primary Contact?* Jeffrey Wyatt 1b. Primary Contact Email: * jlwyatt@ncdot.gov Date Submitted 1 /5/2024 Nearest Body of Water South Fork Catawba River Basin Catawba Water Classification WS-V Site Coordinates Latitude: 35.2490161 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Gaston Is this a NCDMS Project Yes No Longitude: -81.0729737 Reviewing Office* Mooresville Regional Office - (704) 663-1699 1c. Primary Contact Phone:* (980)552-4219 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: U-6146 / B-5857 WBS # (?) 48392.1.1 / 45810.1.1 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. 5/18/2023 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 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 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) le. Is there an AgentlConsultant for this project? Yes No 2. Owner Information 2a. Name(s) on recorded deed: NCDOT Division 12 2b. Deed book and page no.: 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2c. Contact Person: Jeffrey Wyatt 2d. Address Street Address PO Box 47 Address Line 2 City Shelby Postal / Zip Code 28151 2e. Telephone Number: (980)552-4219 2g. Email Address:* jlwyatt@ncdot.gov C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (If appropriate) 1c. Nearest municipality I town: Cramerton, NC 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: South Fork Catawba River 3b. Water Resources Classification of nearest receiving water: WS-V 3c. What river basin(s) is your project located in? * Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501020605 4. Project Description and History State / Province / Region NC Country United States 2f. Fax Number: (704)480-5401 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: * The project is located on US 29 / US 74 (Wilkinson Blvd.) from SR 2209 (Wesleyan Dr. / Market St.) to SR 2016 (Georgia Bell Ave.) / SR 2017 (Hubbard St.) and cross South Fork Catawba River in the Town of Cramerton in Gaston County. US 29 / US 74 (Wilkinson Blvd.) has a functional classification of Urban Arterial. The project corridor is urban in nature which consists of small businesses and a combination of high -density and low -density residential areas. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). SAW-2022-01717, NCDWR# 20230787 4f. List the total estimated acreage of all existing wetlands on the property: 0.35 4g. List the total estimated linear feet of all existing streams on the property: 1100 4h. Explain the purpose of the proposed project: * The purpose of the project is to improve traffic operations and pedestrian safety along US 29 / US 74 from SR 2209 to SR 2016 and replace a functionally obsolete bridge over South Fork Catawba River. The proposed project is approximately 1.3 miles in length. a 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * US 29 / US 74 (Wilkinson Blvd.) will be widened to a six -lane median divided curb and gutter facility with a 10-foot multi -use path on the north and a 5-foot sidewalk on the south. Bridge No. 350082 over South Fork Catawba River will also be replaced as part of the project. The project also involves the relocation of an existing 12" water line that crosses South Fork Catawba River on the existing bridge. A proposed 14" water line will be directionally bored a minimum of 10' below the bed of South Fork Catawba River. The bore will start approximately 385' west of the river and end approximately 290' to the east. The total bore length will be approximately 925'. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No O 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: TGS Engineers 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 Buffers Open Waters Pond Construction E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts to South Fork Catawba River, buffers, and adjacent wetlands will be avoided with directional boring the proposed water line and aerial crossing of the power distribution line. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Impacts to South Fork Catawba River, buffers, and adjacent wetlands will be avoided with directional boring the proposed water line and aerial crossing of the power distribution line. 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: There would be no impacts associated with the proposed water line relocation. 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 v O 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 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: * The project meets the State Minimum Criteria Rules. A MCDC has been prepared for the 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. The activities associated with the proposed corridor widening are compatible with the area's zoning designation. The project would not induce land use changes. 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 5d. Is another Federal agency involved?* Yes No 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 Unknown 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 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? Site surveys and NC Natural Heritage program database 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? NOAA Fisheries, Essential Fish Habitat Mapper 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? NCDOT Cultural Resource staff reviews 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: The bridge replacement meets MCA type 1 requirements. 8c. What source(s) did you use to make the floodplain determination? DFIRM Panel #3585 Miscellaneous O 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 U-6146 UC AGREEMENT PLANS WITH NOTES.pdf 891.01KB File must be PDF or KMZ Comments U-6146 / B-5857 previously received 404 approval on July 6, 2023 (SAW-2022-01717) and 401 approval / buffer certification on July 20, 2023 (NCDWR# 20230787). This PCN is for the addition of a Section 10 permit for the water line relocation (directional bore under South Fork Catawba River). NLEB is not listed for this project. The tricolored bat is still Proposed Endangered at this time. Construction activities for this project will not take place until Endangered Species Act compliance is satisfied for PESU. 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: Jeffrey L. Wyatt Signature (1l 11111WP-r Date 1/5/2024 L