HomeMy WebLinkAbout20191578 Ver 1_PCN Form Submission (2)_20191115DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance in to the review process?*
6 Yes
r No
Is this project a public transportation project?*
G Yes r No
Change only if needed.
BIMS # Assigned
20191578
Is a payment required for this project?*
r No payment required
6 Fee received
r Fee needed - send electronic notification
Select Project Reviewer*
Kevin Mitchell:eads\rkmitchell
Information for Initial Review
1a. Name of project:
Replacement of Bridge 190002 on NC 141 over Slow Creek
1a. Who is the Primary Contact?*
NCDOT
1b. Primary Contact Email:*
wabarrett@ncdot.gov
Date Submitted
11/15/2019
Nearest Body of Water
Slow Creek
Basin
Fiwassee
Water Classification
C
Site Coordinates
Latitude:
35.096772
A. Processing Information
County (or Counties) where the project is located:
Cherokee
Is this project a public transportation project?*
IT Yes r No
Is this a NCDOT Project?*
IT Yes r No
(NCDOT only) T.I.P. or state project number:
BR-0011
WBS # (?)
67011.1.1
1a. Type (a) of approval sought from the Corps:
Longitude:
-83.945641
Version#*
1
Reviewing Office*
Asheville Regional Office - (828) 296-4500
1c. Primary Contact Phone:*
(919)707-6103
U
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?
W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number: 14 - Linear transportation
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR401 Certification:
For the record only for Corps Permit:
r 401 Water Quality Certification - Express
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
BR-0011 - STIR - RW - HI 02.pdf
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
GYes 6No
B. Applicant Information
1d. Who is applying for the permit?
W Owner r Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
NC Department of Transportation
2b. Deed book and page no.:
2c. Responsible party:
2d.Address
Street Address
1598 Mail Service Center
Address Line 2
City
Raleigh
Postal / Zip Code
27699
2e. Telephone Number:
(919)707-6000
2g. Email Address:*
62.45KB
State / Rovince / Region
NC
Country
United States of America
2f. Fax Number:
r Yes r No
r Yes r No
pharris@ncdot.gov
C. Project Information and Prior Project History U
1. Project Information
1b. Subdivision name:
ff appropriate)
1c. Nearest municipality/ town:
Murphy
Project Identification
2a. Property Identification Number: 2b. Property size:
2c. Project Address
Street Address
Address Line 2
(Sty State / Province / Region
Postal / Zip Code Country
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Slow Creek
3b. Water Resources Classification of nearest receiving water:*
C
3c. What river basin(s) is your project located in?*
Hiwassee
3d. Please provide the 12-digit HUC in which the project is located.
60200020303
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 surrounding land use is a mix of light industrial, residential, and pastureland
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
4f. List the total estimated acreage of all existing wetlands on the property:
0.38
4g. List the total estimated linear feet of all existing streams on the property:
1,612
4h. Explain the purpose of the proposed project:*
The purpose of the project is to replace an existing bridge (originally constructed in 1954) due to strucutal deficiencies (Structural Rating of 7.79).
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The replacement of NCDOT Bridge No. 190002 on NC 141 over Slow Creek, in Cherokee County, at its existing location, utiliAng an on -site detour. The existing bridge consists of a 1 @
40'-6" steel plank floor on 1-beams with timber caps and piles. The proposed bridge will consist of 1 @ 70'-24" cored slab with 4'-0" end caps with sloping spill -through abutments. A 1 @
60' Detour bridge will be constructed to maintain traffic during construction on the proposed bridge. Standard road building equipment, such as trucks, dozers, and cranes will be used.
4j. Please upload project drawings for the proposed project.
BR-0011_PermitDrawings_20191107.pdf 3.45MB
5. Jurisdictional Determinations
Sa. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No r Unknown
Comments:
VHB Engineering conducted delineation in May 2018. The PJD Package was submitted to USACE
(attn: Crystal Amschler) on November 19, 2018, from VHB (Sean Murray).
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
5d1. Jurisdictional determination upload
6. Future Project Plans
D. Robertson, WPIT; and P. Bailey WPIT
VHB Engineering conducted delineation in May 2018
6a. Is this a phased project?*
r Yes r 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?
No.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
W Wetlands W Streams -tributaries
r- Open Waters r Pond Construction
2. Wetland Impacts
r Buffers
2a1 Reason (?)
2b. Impact type * (?)
2c. Type of W.*
2d. W. name *
2e. Forested *
2f. Type of
2g. Impact
Jurisdicition*(?)
area
42-inch cross -pipe (for
P
Bottomland Hardwood Forest
WA
Yes
Corps
0.020
Detour)
(acres)
1
42-inch cross -pipe (for
P
Bottomland Hardwood Forest
WA
No
Corps
0.020
bridge replacement and
(acres)
approach)
1
hand -clearing
P
Bottomland Hardwood Forest
�WA
Yes
Corps
0.003
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.043
2h. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.043
3a. Reason for impact (?)
3b.lmpact type *
3c. Type of impact*
3d. S. name*
3e. Stream Type*
Type of
3gSwidth *
3h. Impact(?)
❑
�[3f.
urisdiction*
length*
S1
42-inch RCP cross- i e for
P P
Permanent
Fill
SA
Perennial
Both
2
45
Detour)
Average (feet)
(linearfeet)
S2
42-inch RCP cross -pipe (for
Permanent
Fill JSA
Perennial
Both
2
25
bridge replacement)
Average (feet)
(lir�rfeet)
S3
bank stabilization
Permanent
Bank Stabilization
Slow Creek
Perennial
Both
—]
Average (feet)
(lir�rfeet)
S4
bank stabilization
Tem orar
P Y
Bank Stabilization
Slow Creek
Perennial
Both
2
10
Average (feet)
(linearfeet)
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
78
31. Total temporary stream impacts:
10
31. Total stream and ditch impacts:
88
3j. Comments:
i E. Impact Justification and Mitigation
1. Avoidance and Minimization
Ia. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The proposed bridge will be approximately 30 feet longer than the existing bridge.
The proposed bridge will completely span Slow Creek, with no pilings in the stream.
The proposed Detour bridge will span Slow Creek, with no pilings in the stream.
Side slopes for the -L- line in the area of the wetland are at a 2:1 grade.
Due to the impacts to the wetland for the on -site detour, it is likely that the compaction of soils will alter the function of the wetland; as such, NCDOT
has obtained mitigation for the wetland impacts associated with the detour even though the temporary fill will be removed.
tb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Riprap pads will be utilized to dissipate energy and to reduce velocity at all proposed outfalls. Runoff from the roads will be directed to vegetated
roadside ditches.
Best Management Practices for Surface Waters will be used during all phases of construction.
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?
r Yes r No
2c. If yes, mitigation is required by (check all that apply):
r DWR W Corps
2d. If yes, which mitigation option(s) will be used for this project?
r Mitigation bank 9 Payment to in -lieu fee r Permittee Responsible
program Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
r Yes r No
4b. Stream mitigation requested:
(lir ear feet)
70
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested:
(acres)
4c. If using stream mitigation, what is the stream temperature:
cold
4e. Riparian wetland mitigation requested:
(acres)
0.04
4g. Coastal (tidal) wetland mitigation requested:
(acres)
4h. Comments
The fill to Wetland WA for the construction of the temporary detour bridge and its associated approach will be temporary. However, NCDOT has
determined that even though the elevation can be restored to the wetland, the compaction of the soils is likely to disturb the function of the wetland.
Therefore, all wetland fill impacts have been listed as "permanent" in the PCN, and mitigation is provided for these impacts.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
Ia. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes f• No
If no, explain why:
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
Comments:
Runoff from roads will be directed to vegetated roadside ditches.
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?*
r Yes r 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 (NEP/USEPA)? *
r Yes r No
1c. If you answered "yes" to the above, has the document review been finalized bythe State Clearing House?*
r Yes r No
NEPAor SEPA Final Approval Letter
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)? *
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
Due to the minimal transportation impact resulting from this bridge replacement, this project vdll neither influence nearby land uses nor stimulate
growth. Therefore, a detailed indirect or cumulative effects study will not be necessary.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r No r WA
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?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5d. Is another Federal agency involved?*
r Yes r No
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5g(1). If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.?
r Yes r No
If you answered "Yes" to 5g(1), did you discover any signs of bat use?
r Yes r No r Unknown
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
r 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.?
r Yes r No
If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property.
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS website for protected species for Cherokee County, last updated October 17, 2018; N.C. Natural Heritage Program database; mussel surveys
(Freshwater Mussel Survey Report, dated January 24, 2019); bat surveys (Bat Survey Memo, dated November 30, 2018); pedestrian surveys for plant
species habitat.
As of October 17, 2018, the USFWS lists nine protected species for Cherokee County: bog turtle, gray bat (MYGR), Indiana bat (MYSO), northern
long-eared bat (NLEB), Cumberland bean, littlewing pearlymussel, tan riffleshell, small whorled pogonia, and white fringeless orchid.
Assessment of the bridge project footprint for NLEB, MYSO and MYGR habitat was conducted (Bat survey memo dated November 30, 2018-attached).
The assessment determined there was no evidence of bats. Habitat for NLEB and MYSO (river birch and cherry trees) was noted within the study
area. No MYGR habitat (caves and/or mines) was observed.
A Mussel Survey Report, dated January 24, 2019 (attached), documents that no mussels were found in the study area. A Biological Conclusion of No
Effect was determined for the three mussel species. No habitat for small whorled pagonia or white fringeless orchid is present within the project area
(note that white fingeless orchid is an "historic" record and does not require surveys).
Consultation Documentation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes
r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NMFS County Index
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?*
r Yes
r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NISEPA Documentation
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8b. If yes, explain how project meets FEMA requirements:
NCDOT Hydraulics Unit coordination with FEMA.
8c. What source(s) did you use to make the floodplain determination?*
FEMA Maps. [Panel3700552200J]
Miscellaneous
Comments
Please find attached below.
Cover Letter
Bat Memo
- Mussel Survey Report
Miscellaneous attachments not previously requested.
BR-0011 Bat memo Cherokee slopes.pdf 241.81 KB
BR-0011_Mussel Survey Report.pdf 2.39MB
BR-0011 Application Cover Letter.pdf 240.31 KB
Signature U
W By checking the box and signing below, I certify that:
• 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:
Michael Turchy
Signature
�"4l Tk"
Date
11/15/2019