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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