HomeMy WebLinkAbout20240261 Ver 1_ePCN Application_20240214DW R
Division 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# *
20240261 1
Is a payment required for this project?*
No payment required
Fee received Reviewing Office*
Fee needed - send electronic notification Central Office - (919) 707-9000
Select Project Reviewer*
Ryan Conchilla:ryan.conchilla
Information for Initial Review
la. Name of project:
NCDOT Bridge Program No. BR-0251 replace three timber bridges Br-560074, Br-56072, Br-560381 in Madison Co.
1a. Who is the Primary Contact?*
Karina Clough
1b. Primary Contact Email: * 1c. Primary Contact Phone:*
kaclough@ncdot.gov (828)250-3038
Date Submitted
2/14/2024
Nearest Body of Water
Br 560074 Foster Creek / Br 560072 Little Foster Creek / Br 560381 Big Laurel Creek
Basin
French Broad
Water Classification
Foster Creek 6-112-11 C;Tr,ORW / Little Foster Creek 6-112-11-2 C;Tr,ORW / Big Laurel Creek 6-112
C;Tr,ORW
Site Coordinates
Latitude: Longitude:
35.938108 / 35.924339 / 35.908033 -82.599689 / -82.610297 / -82.640886
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Madison
Is this a NCDMS Project
Yes No
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:
BR-0251
WBS # (1)
50844.1.1
Ia. 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
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
Nationwide Permit (NWP) Number: 03 - Maintenance
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
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
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 Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
NCDOT Division 13
2b. Deed book and page no.:
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
2c. Contact Person:
Karina Clough
2d. Address
Street Address
55 Orange Street
Address Line 2
City
Asheville
Postal / Zip Code
28801
2e. Telephone Number:
(828)250-3000
2g. Email Address:*
kaclough@ncdot.gov
4. Agent/Consultant (if applicable)
4a. Name:
John Thomas
4b. Business Name:
Gannett Fleming
4c.Address
Street Address
Suite 900
Address Line 2
One Glenwood Avenue
city
Raleigh
Postal / Zip Code
27603
4d. Telephone Number:
(919)389-4391
4f. Email Address:*
jthomas@gfnet.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality I town:
All three bridges north of Mars Hill
2. Project Identification
State / Province / Region
North Carolina
Country
USA
2f. Fax Number:
State / Province / Region
North Carolina
Country
USA
4e. Fax Number:
2a. Property Identification Number: 2b. Property size:
2c. Project Address
Street Address
Address Line 2
City State / Province / Region
Postal / Zip Code Country
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Br 560074 Foster Creek / Br 560072 Little Foster Creek / Br 560381 Big Laurel Creek
3b. Water Resources Classification of nearest receiving water: *
Foster Creek 6-112-11 C;Tr,ORW / Little Foster Creek 6-112-11-2 C;Tr,ORW / Big Laurel Creek 6-112
C;Tr,ORW
3c. What river basin(s) is your project located in?*
French Broad
a
3d. Please provide the 12-digit HUC in which the project is located.
060101051004
4. Project Description and History
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 North Carolina Department of Transportation (NCDOT) proposes to replace the above referenced single span bridges (Br 560074, Br 560072, Br 560381) over their respective stream
channels. The bridges are single lane timber deck bridges with timber end bents and timber bridge rails. The proposed construction work is referenced as bridge maintenance as the
bridges will be replaced in the same alignment, same height, and same dimensions with timber decks and timber bridge rails. The permanent impacts to jurisdictional waters will be very
minimal resulting from bank stabilization resulting from the construction of replacement end bents. The general land use community for the bridges is mountain rural residential and/or
deciduous mixed riparian forest. The affected roadways do not have outlets. There will not be any off -site detours during construction. Traffic will be maintained through the use of either a
temporary bridge or phased construction.
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:
No wetlands all three bridges
4g. List the total estimated linear feet of all existing streams on the property:
Br 560074 - 440 Inft / Br 560072 - 350 Inft / Br - 560381 - 715 Inft
4h. Explain the purpose of the proposed project:"
Purpose and Need: The purpose and need of the projects are to maintain public road transportation and EMS access to private properties currently being serviced by the existing timber
bridges.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The North Carolina Department of Transportation (NCDOT) proposes to replace the above referenced single span bridges (Br 560074, Br 560072, Br 560381) over their respective stream
channels. The bridges are single lane timber deck bridges with timber end bents and timber bridge rails. The proposed construction work is referenced as bridge maintenance as the
bridges will be replaced in the same alignment, same height, and same dimensions with timber decks and timber bridge rails. The permanent impacts to jurisdictional waters will be very
minimal resulting from bank stabilization resulting from the construction of replacement end bents. The affected roadways do not have outlets. There will not be any off -site detours during
construction. Traffic will be maintained through the use of either a temporary bridge or phased construction. The bridges projects are replacement in -kind with no upgrade to structural
materials or increased compacity for level of service. Therefore, there would be no indirect impacts to existing and surrounding communities. Construction equipment for the project will
include backhoes, cranes, and other heavy equipment associated with bridge construction.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No
Comments:
JD field data included in the miscellaneous section
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): John Thomas
Agency/Consultant Company: Gannett Fleming
Other:
6. Future Project Plans
6a. Is this a phased project?*
Yes No
O Unknown
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?
No/none
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
3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* 3f. Type of 3g. S. width 3h. Impact
(?) Jurisdiction* i length*
u
S1
S2
Br 560074 construction for
new end bents
Br 560072 construction for
new end bents
Permanent
Permanent
Bank Stabilization
Bank Stabilization
Foster Creek
Little Foster Creek
Perennial
Perennial
Both
Both
14
Average (feet)
9
Aveage (feet)
14
(linear feet)
38
(linear feet)
S3
Br 560381 construction for
new end bents
Permanent
Bank Stabilization
Big Laurel Creek
Perennial
Both
40
Average (feet)
25
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
77
3i. Total stream and ditch impacts:
77
3j. Comments:
4. Open Water Impacts
3i. Total temporary stream impacts:
0
4a. Site #
4at. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type �114e.
Waterbody type
4f. Impact area
74a
Br 560074 dewatering
T
Foster Creek
Dewatering
Tributary
0.01
end bent construction
74b
074 detour
F
Foster Creek
Bridge
Tributary
0.01
bBr ridge
72a
Br 560072 dewatering
T
Little Foster Creek
ewatering
Tributary
0.01
end bent construction
72b
072 detour
T
ffZster Creek
Bridge
Tributary
0.01
bBr ridge
381a
Br 560381 dewatering
T
Big Laurel Creek
Dewatering
Tributary
0.01
end bent construction
381 b
Br 560381 detour
T
Big Laurel Creek
Bridge
Tributary
0.01
bridge
4g. Total temporary open water Impacts:
0.06
4g. Total open water impacts:
0.06
4h. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
4g. Total permanent open water impacts:
0.00
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The proposed construction work is referenced as bridge maintenance as the bridges will be replaced in the same alignment, same height, and same
dimensions with timber decks and timber bridge rails. The permanent impacts to jurisdictional waters will be very minimal resulting from bank
stabilization resulting from the construction of replacement end bents. All temporary impacts associated with dewatering and detour bridges will be
restored to original grade and stabilized condition.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The project construction will be conducted in compliance with regional special conditions of Sec 401 and Sec 404 permits including construction staging
on high ground, no construction equipment will be allowed in JD waters, appropriate erosion control devices will be constructed and maintained, new
bridge will be constructed in "dry" with appropriate dewatering devices being constructed and maintained during construction, safety fencing will be used
to delineate environmentally sensitive areas, etc.
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:
All permanent jurisdictional impacts are associated with stream bank stabilization not resulting any net loss to jurisdictional waters.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
O
O
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
If no, explain why:
Projects are not located within any of the NC Riparian Buffer Protection Rules watersheds. However, vegetated buffers will be maintained including ground disturbance areas planted with
ground cover adjacent to the projects. Projects are being built in compliance with NCDOT standards.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
Comments:
Projects are not located within any of the NC Riparian Buffer Protection Rules watersheds. However, vegetated buffers will be maintained including ground disturbance areas planted with
ground cover adjacent to the projects. Projects are being built in compliance with NCDOT standards.
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
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:*
Environmental documentation is provided in the NC Minimum Criteria Determination Checklist attached in the Miscellaneous section below.
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.
Each bridge project is a single and complete project with independent utility. The replacement bridges will not result in any upgrades that would support
or encourage any area additional development.
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 Unknown
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
L
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
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 TE list up dated February 1, 2024. NCDOT Biological Service Group Bat Habitat Survey and Recommended Biological Conclusion report dated
November 20, 2023. (May Affect not Likely to Adversely Affect) Plant surveys included in the NRTR for each of the referenced projects.
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?
Essential Fish Habitat GiS
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 Archaeology Group conducted surveys and posted "Historic Architecture and Landscapes" and " Historic Places Eligible or Listed
Archaeological Sites" reports for BR-0250 posted on the Connect NCDOT share file web page.
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:
NCDOT's Memorandum of Agreement or approval of a Conditional Letter of Map Revision (CLOMR) and subsequent final letter of Map Revision
(LOMR).
8c. What source(s) did you use to make the floodplain determination?
FRIS
Miscellaneous
n
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
ePCN cover Letter 2 7 2024.pdf 145.14KB
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:
Karina Clough
Signature
</'E?t/iia r�/ti�y►E
Date
2/14/2024
0