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HomeMy WebLinkAbout20161026 Ver 1_Bridge 209 PCN_20161117 Office Use Only: Corps action ID no. _____________ DWQ project no. _______________ Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Section 404 Permit Section 10 Permit Corps: 1b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? Yes No 1d. Type(s) of approval sought from the DWQ (check all that apply): 401 Water Quality Certification – Regular Non-404 Jurisdictional General Permit 401 Water Quality Certification – Express Riparian Buffer Authorization For the record only for Corps Permit: 1e. Is this notification solely for the record For the record only for DWQ 401 because written approval is not required? Certification: Yes No Yes No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation Yes No of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. Yes No 1g. Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h below. 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No 2. Project Information 2a. Name of project: Replace Bridge No. 209 on SR 1366 (Atkins Rd) over Frank Creek 2b. County: Orange 2c. Nearest municipality / town: Mebane 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state 17BP.7.R.99 project no: 3. Owner Information 3a. Name(s) on Recorded Deed: North Carolina Department of Transportation 3b. Deed Book and Page No. N/A 3c. Responsible Party (for LLC if Division Engineer NC DOT Division 7, Mr. Mike Mills, PE applicable): 3d. Street address: PO Box 14996 3e. City, state, zip: Greensboro, NC 27415 3f. Telephone no.: (336) 334-3297 3g. Fax no.: (336) 334-3637 3h. Email address: mmills@ncdot.gov 1 Page of 12 PCN Form – Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: Agent Other, specify: NC DOT Highway Division 7 4b. Name: Division Engineer NC DOT Division 7, Mr. Mike Mills, PE 4c. Business name NC DOT (if applicable): 4d. Street address: PO Box 14996 4e. City, state, zip: Greensboro, NC 27415 4f. Telephone no.: (336) 334-3297 4g. Fax no.: (336) 334-3637 mmills@ncdot.gov *note: please also copy Mr. Jerry Parker, Highway Division 7 Environmental 4h. Email address: Supervisor on all correspondence – jparker@ncdot.gov 5. Agent/Consultant Information (if applicable) 5a. Name: Mr. Jerry Parker 5b. Business name NC DOT Highway Division 7, Division Environmental Supervisor (if applicable): 5c. Street address: PO Box 14996 5d. City, state, zip: Greensboro, NC 27415 5e. Telephone no.: (336) 256-2063 5f. Fax no.: (336) 334-4149 5g. Email address: jparker@ncdot.gov 2 Page of 12 PCN Form – Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): N/A Latitude 36.210968Longitude: -79.246668 1b. Site coordinates (in decimal degrees): (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: N/A acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Frank Creek proposed project: 2b. Water Quality Classification of nearest receiving water: WS-II; HQW, NSW; 16-18-2-1; 03-06-02 2c. River basin: Cape Fear River (HUC 03030002) 3. Project Description 3a. 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 study area is comprised of mostly maintained roadway, hardwood forest, and a nearby agricultural area. 3b. List the total estimated acreage of all existing wetlands on the property: <0.10 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: ~ 105 LF of stream within the project boundaries 3d. Explain the purpose of the proposed project: To replace a structurally deficient and functionally obsolete timber bridge. 3e. Describe the overall project in detail, including the type of equipment to be used: Traffic will be detoured off-site. Erosion and sedimentation control measures will be installed. Water will be diverted around the construction area. The old bridge will be removed. The proposed stucture will be replaced on its existing alignment. The new culvert structure will be a 2@12'x7' reinforced concrete box culvert. The channel will be excavated and realigned for low flow shaping. Water will be directed around the work area during construction by installed impervious dikes upstream and downstream of the existing bridge. Water will be directed into a 24" temporary pipe. Equipment to be used includes a track hoe, dump truck, paving equipment, pumps, and various hand tools. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / Yes No Unknown project (including all prior phases) in the past? Comments: N/A 4b. If the Corps made the jurisdictional determination, what type Preliminary Final of determination was made? Agency/Consultant Company: EPR 4c. If yes, who delineated the jurisdictional areas? Other: The USACE and NC DWR visited the site in July Name (if known): Robert Lepsic 2016 to confirm the delineation 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. N/A 5. Project History 5a. Have permits or certifications been requested or obtained for Yes No Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to “help file” instructions. N/A 3 Page of 12 PCN Form – Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? Yes No 6b. If yes, explain. N/A 4 Page of 12 PCN Form – Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): Wetlands Streams - tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number – Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ – non-404, other) (acres) Temporary (T) Yes Corps W1 P T Excavation Riparian <0.01 No DWQ Yes Corps W1 P T Fill Riparian <0.01 No DWQ Yes Corps Mechanized W1 P T Riparian <0.01 Clearing No DWQ . Total wetland impacts 2g<0.03 2h. Comments: N/A 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3g. 3a. 3b. 3c. 3d. 3e. 3f. Impact Stream impact Type of impact Stream name Perennial Type of jurisdiction Average length number -(PER) or stream (Corps - 404, 10 (linear Permanent (P) or intermittent width DWQ – non-404, feet) Temporary (T) (INT)? (feet) other) S1 P Frank Creek PER Corps 12-15 40 Culvert S1 P Frank CreekPER Corps 12-15 60 Bank Stabilization Construction/ S1 T PER Corps 12-15 20 Frank Creek Dewatering 3h. Total stream and tributary impacts 120 3i. Comments: Of the 120LF of stream impacts, only 40 LF are associated with permanent impacts to the stream due to the installation of a 12'X7' double barrel culvert. The other 60 LF of impact is associated with streambank protection (i.e. the rip rap is restricted to the banks of the channel and will not encroach within the thalweg). The 20 LF of temporary impacts are associated with the impervious dikes that will be used upstream and downstream of the proposed crossing. The dewatering of the stream will run concurrently with the construction activities (i.e. the temporary impacts associated with dewatering are within the permanent stream impact footprint location). 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number – (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary (T) O1 P T 4f. Total open water impacts 4g. Comments: No open water impacts 5 Page of 12 PCN Form – Version 1.3 December 10, 2008 Version 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose of (acres) number pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: There are no ponds created for this project 5h. Is a dam high hazard permit required? Yes No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts MUST below. If any impacts require mitigation, then you fill out Section D of this form. . 6a Neuse Tar-Pamlico Other: Catawba Randleman Project is in which protected basin? 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number – Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) for Stream name mitigation (square feet) (square feet) or Temporary (T) impact required? Road fill Yes B1 P T and Rocky Run 4,553 893 No clearing Total buffer impacts 6h. 4,553 893 6i. Comments: The impacts associated with the roadway crossing and culvert installation fall under the "potentially allowable" category per the Jordan Lake Buffer Rules Table of Uses {15A NCAC 02B .0267 (6)} D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The proposed project is to remove and replace a structurally deficient bridge and replace it with a reinforced concrete box culvert. Roadway approach work is minimized as much as is practical to reduce the overall project footprint. Impacts to the associated protected riparian buffers have also been reduced by promoting sheet flow as well as providing grass shoulders to promote infiltration. An off-site detour will be employed to avoid the need for a temporary parallel structure. Bank stabilization will be minimized to those areas where deemed necessary. Please see the attached Bridge to Culvert justification letter from NCDOT Division 7 Bridge Program Manager. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Erosion and sedimentation BMPs will be installed prior to construction. Water will be diverted around the work area to prevent sedimentation of downstream aquatic resources. Impacts will be minimized by strict enforcement of Best Management Practices for the protection of surface waters, restrictions against the staging of equipment in or adjacent to waters of the US and coordination (including a pre-construction meeting) with the Division Environmental Supervisor. 6 Page of 12 PCN Form – Version 1.3 December 10, 2008 Version 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for Yes No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): DWQ Corps Mitigation bank 2c. If yes, which mitigation option will be used for this project? Payment to in-lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. Yes 4b. Stream mitigation requested: 100 LF at a 1:1 ratio 4c. If using stream mitigation, stream temperature: warm cool cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: Typically, USACE requires 2:1 mitigation for permanent stream impacts due to culvert installation, however, does they do not require compensatory mitigation for streambank stabilization. Conversely, NC DWR require 1:1 mitigation for rip rap bank stabilization. Therefore, NCDOT is proposing to mitigate for the entire 100 LF of stream impact at a 1:1 ratio which will satisfy both the USACE 2:1 ratio for the culvert (40 LF X 2 = 80) and the additional 60 LF of bank stabilization at a 1:1 ratio per DWR requirements. 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 7 Page of 12 PCN Form – Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) – required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes No While there are impacts to the protected Jordan Lake Buffer area, these impacts are “allowable” per the Table of Uses {15A NCAC 02B.0267 (6)} 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Reason for impact Total impact Multiplier Required mitigation Zone (square feet) (square feet) Zone 1 3 (2 for Catawba) 1.5 Zone 2 Total buffer mitigation required: 6f. 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: 8 Page of 12 PCN Form – Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the projectinclude or is it adjacent to protected riparian buffers identified Yes No within one of the NC Riparian Buffer Protection Rules? 1b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: The proposed structure will be a 2@12’x7’ reinforced concrete box Yes No culvert. There is a slight increase in impervious surface but treatment is not required. It is also important to note that each quadrant of the bridge currently has roadside ditches that drain directly to the stream. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project?N/A % 2b. Does this project require a Stormwater Management Plan? Yes No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Plan is attached. Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? DWQ Stormwater Program DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government’s jurisdiction is this project? Phase II NSW 3b. Which of the following locally-implemented stormwater management programs USMP apply (check all that apply): Water Supply Watershed Other: 3c. Has the approved Stormwater Management Plan with proof of approval been Yes No attached? 4. DWQ Stormwater Program Review Coastal counties HQW 4a. Which of the following state-implemented stormwater management programs apply ORW (check all that apply): Session Law 2006-246 Other: 4b. Has the approved Stormwater Management Plan with proof of approval been Yes No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? Yes No 5b. Have all of the 401 Unit submittal requirements been met? Yes No 9 Page of 12 PCN Form – Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the Yes No use of public (federal/state) land? 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 Yes No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered “yes” to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval Yes No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, Yes No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? Yes No 2c. If you answered “yes” to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in Yes No additional development, which could impact nearby downstream water quality? 3b. If you answered “yes” to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered “no,” provide a short narrative description. Per the NC DWQ April 10, 2004 Version 2.1 Cumulative Impacts policy, small scale public transportation projects – such as widening projects, bridge replacements and intersection improvements – have a “low potential for cumulative impact since little (if any) new impervious surface is added and the projects are usually in already developed locales.” This proposed project is within a somewhat developed landscape (i.e. existing residential homes in the vicinity), this is not a road on a new location (i.e. there is an existing road and bridge structure and thus, the area already contains impervious surfaces) and the project drains to Frank Creek which is Class WS-II; High Quality Waters (HQW), Nutrient Sensitive Waters (NSW) (i.e. not ORW or 303(d) listed waters). We anticipate the NC DWR will advise us if a qualitative or quantitative analysis is needed. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. It is not anticipated that this project will generate any wastewater as it is a roadway project. 10 Page of 12 PCN Form – Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or Yes No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act Yes No impacts? Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Robert Lepsic with EPR surveyed the project reach for Dwarf wedgemussel (Alasmidonta heterodon) habitat in February 2016, as well as searching the NC Natural Heritage Program (NHP) database. The database search indicated that there are no known occurrences of the mussel within one mile of the project study area. Further, no species were observed during the site survey. Email correspondence with Mr. Gary Jordan (USFWS) indicated that he was comfortable with a “No Effect” biological conclusion for the Dwarf wedgemussel. Mr. Lepsic also conducted a survey for Michaux sumac (Rhus michauxii) and Smooth coneflower (Echinacea laevigata) at the subject site on June 28, 2016. Marginal roadside habitat exists on all four quadrants of the bridge but no specimens were found. The biological conclusion for smooth coneflower at the Bridge 209 site is No Effect; Habitat Present. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? Yes No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? This bridge replacement project takes place in Orange County, which is not near any coastal or tidal habitat that would support EFH (i.e. salt marshes, oyster reefs, etc.). 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 Yes No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? This project was reviewed by NCDOT’s Human Environment Unit in 2015 and 2016 for potential affects to historical architecture and archaeology. It was determined that no survey was required for historical architecture or archaeological resources. 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: MOA 8c. What source(s) did you use to make the floodplain determination? North Carolina Floodplain Mapping Program Mr. Mike Mills, PE _______________________________ _____________ Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) 11 Page of 12 PCN Form – Version 1.3 December 10, 2008 Version 12 Page of 12 PCN Form – Version 1.3 December 10, 2008 Version