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HomeMy WebLinkAbout20201507 Ver 1_ePCN Application_20201211 I I DWR Division of Water Resources Pre-Construction Notification (PCN) Form October 26,2020 Ver 3.3 Initial Review Has this project met the requirements for acceptance in to the review process?* 6 Yes ✓ No Is this project a public transportation project?* 0 Yes r No Change only if needed. BIMS#Assigned* Version#* 20201507 1 Is a payment required for this project?* 6 No payment required ✓ Fee received Reviewing Office* ✓ Fee needed-send electronic notification Mooresville Regional Office-(704)663-1699 Select Project Reviewer* Donna Hood:eads\drhood Information for Initial Review 1a.Name of project: B-5818:Replace Bridge 11 over Deadfall Creek on NC 109 1a.Who is the Primary Contact?* NCDOT lb.Primary Contact Email:* 1c.Primary Contact Phone:* ekcheely@ncdot.gov (919)707-6108 Date Submitted 12/11/2020 Nearest Body of Water Deadfall Creek Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: Longitude: 34.826772 -80.194570 Pre-Filing Meeting Information ID# Version Pre-fling Meeting or Request Date* 9/28/2020 Attach documentation of Pre-Filing Meeting Request here:* B-5818 401 Pre-Filing Notification(Mass 12 MLL Request)2020-09-28.pdf 417.96KB A. Processing Information C^U County(or Counties)where the project is located: Anson Is this a NCDMS Project C- Yes f No Is this project a public transportation project?* 6 Yes r No Is this a NCDOT Project?* 6 Yes r No (NCDOT only)T.I.P.or state project number: B-5818 WBS#(7) 45771.1.1 1a.Type(s)of approval sought from the Corps: fJ Section 404 Permit(wetlands,streams and waters,Clean Water Act) r Section 10 Permit(navigable waters,tidal waters,Rivers and Harbors Act) Has this PCN previously been submitted?* C- Yes 6 No lb.What type(s)of permit(s)do you wish to seek authorization? 17 Nationwide Permit(NWP) r Regional General Permit(RGP) r Standard(IP) 1c.Has the NWP or GP number been verified by the Corps? C Yes (' No Nationwide Permit(NWP)Number: 13-Bank Stabilization Nationwide Permit(NWP)Number: 33-Temporary Construction NWP Numbers(for multiple NWPS): Id.Type(s)of approval sought from the DWR: I7 401 Water Quality Certification-Regular I—401 Water Quality Certification-Express r Non-404 Jurisdictional General Permit r Riparian Buffer Authorization r Individual Permit le.Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: F' Yes C' No For the record only for Corps Permit: C' Yes 6 No If.Is this an after-the-fact permit application?* C- Yes f No 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? C Yes ( No 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? C- Yes r No Acceptance Letter Attachment 1h.Is the project located in any of NC's twenty coastal counties? C- Yes 6' No 1j.Is the project located in a designated trout watershed? C- Yes f No B. Applicant Information Id.Who is applying for the permit? I7 Owner r Applicant(other than owner) le.Is there an Agent/Consultant for this project?* C- Yes f 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 coy State/Rovince/Region Raleigh NC Postal/Zip Code Country 27699 US 2e.Telephone Number: 2f.Fax Number: (919)707-6108 2g.Email Address:* pharris@ncdot.gov C. Project Information and Prior Project History L) 1. Project Information lb.Subdivision name: (f appropriate) 1c.Nearest municipality/town: Lowrys 2. Project Identification 2a.Property Identification Number: 2b.Property size: 2c.Project Address Street Address Address Line 2 Coy State/Rovince/Region Postal/Zip Code Country 3.Surface Waters 3a.Name of the nearest body of water to proposed project:* Deadfall Creek 3b.Water Resources Classification of nearest receiving water:* C 3c. What river basin(s)is your project located in?* Yadkin-PeeDee 3d.Please provide the 12-digit HUC in which the project is located. 03040201 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:* Surrounding land use is primarily agricultural and forested interspersed with residential. 4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?* C Yes 0- No C 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: 0.07 4g.List the total estimated linear feet of all existing streams on the property: 1585 4h.Explain the purpose of the proposed project:* Replace a structurally deficient bridge(sufficiency rating 49.51 out of 100 and substructure condition appraisal 4 out of 9)that is approaching the end of its useful life to provide a safe crossing. 4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:* This project is the replacement of NCDOT Bridge#11.The existing 120',3 span bridge will be replaced with a 130',single span girder bridge approximately 50'downstream of the existing alignment.Traffic will be maintained on the existing bridge during construction.Standard road building equipment such as trucks,dozers,and cranes will be used. 4j.Please upload project drawings for the proposed project. B-5818 Final Permit Drawings.pdf 3.26MB 5.Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* C: Yes r No C Unknown Comments: The only resource identified in the study area being impacted is the perennial named stream, Deadfall Creek. 5b.If the Corps made a jurisdictional determination,what type of determination was made?* r Preliminary r Approved f Not Verified C Unknown r N/A Corps AID Number: 5c.If 5a is yes,who delineated the jurisdictional areas? Name(if known): Hal Bain and Pete Stafford Agency/Consultant Company: RK&K Other: 5d1.Jurisdictional determination upload 6. Future Project Plans 6a.Is this a phased project?* C 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? No. D. Proposed Impacts Inventory 1. Impacts Summary 1a.Where are the impacts associated with your project?(check all that apply): [Wetlands fJ Streams-tributaries r Buffers [Open Waters r Pond Construction 3.Stream Impacts 3a.Reason for impact(?) 3b.Impact type* 3c.Type of impact* 3d.S.name* 3e.Stream Type* 3f.Type of 3g.S.width* 3h.Impact (?) Jurisdiction* length* S1 Impervious dike Temporary Dewatering Deadfall Creek Perennial Both 28 6 Average(feet) (linear feet) 32 Bank stabilization under old Permanent Bank Stabilization Deadfall Creek Perennial Both 28 46 bridge Average(feet) (linear feet) S3 Bank stabilization at ditch Permanent Bank Stabilization Deadfall Creek Perennial Both 28 20 outlets Average(feet) (linear feet) 3i.Total jurisdictional ditch impact in square feet: 0 3i.Total permanent stream impacts: 3i.Total temporary stream impacts: 66 6 3i.Total stream and ditch impacts: 72 3j.Comments: Temporary impacts from impervious dikes total 52 linear feet(<0.01 acre),but 46 linear feet of these impacts overlap with the bank stabilization under the old bridge. 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: The existing drainage patterns are being maintained.All proposed ditches will flow towards the creek.There will be 6"vertical PVC pipe slots at both ends of the bridge to convey runoff and meet the requirements of 4'allowable spread.The deck drains will not discharge directly above the stream.At the end of the bridge,two TB2Gls are placed in the shoulder berm gutters to convey the bridge runoff to the floodplain areas with Class B riprap outlet protection.The abutments of the bridge will be protected by Class II riprap to prevent future erosion and stream migration. lb.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Temporary impervious dikes will be utilized during the installation of bank stabilization.Traffic will be maintained on the existing bridge during construction.NCDOT will adhere to Best Management Practices for Construction and Maintenance Activities. 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 (7 No 2b.If this project DOES NOT require Compensatory Mitigation,explain why: The NCDOT does not propose mitigation for the temporary and bank stabilization impacts associated with this project.These impacts do not require permanent fill in the stream bed, therefore,under Section 404 of the Clean Water Act,do not constitute Loss of Waters of the U.S.,and are not subject to compensatory mitigation. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la.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: No buffered resources within the project area. 2.Stormwater Management Plan 2a.Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* ( Yes r No Comments: 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 rNo lb.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(NEPAISEPA)?* ( Yes r No lc.If you answered"yes"to the above,has the document review been finalized by the State Clearing House?* ( Yes r No NEPA or SEPA Final Approval Letter B-5818 2018-11-26 MCDC.pdf 1.31MB 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. Due to the minimal transportation impact resulting from this bridge replacement,this project will 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?* ✓ Yes r No 6 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?* C Yes C' No 5b.Have you checked with the USFWS concerning Endangered Species Act impacts?* C Yes ( No 5d.Is another Federal agency involved?* C' Yes C' No C' Unknown 5e.Is this a DOT project located within Division's 1-8? ✓ Yes C' No 5f.Will you cut any trees in order to conduct the work in waters of the U.S.? c Yes r No 5g.Does this project involve bridge maintenance or removal? C' Yes r No 5g(1).If yes,have you inspected the bridge for signs of bat use such as staining,guano,bats,etc.? ✓ Yes C' No If you answered"Yes"to 5g(1),did you discover any signs of bat use? ✓ Yes C No C' Unknown 5h.Does this project involve the construction/installation of a wind turbine(s)?* C' Yes (7 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.? C' Yes C 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? As of 7/17/20,the USFWS lists three protected species for Anson County.Red-cockaded woodpecker is listed as historical for Anson County, therefore surveys are not required for this species.However,there is no habitat present for red-cockaded woodpecker within the project area.There is habitat present for Schweinitz's sunflower,and the most recent survey for this species was conducted in October 2019,and no individuals were found. Surveys for Carolina heelsplitter were conducted in 2016 and 2018(2018 survey report included with this ePCN).While habitat is present for this species,no individuals were found during either survey.As USACE is the lead agency for this project,NCDOT cannot render a biological conclusion, but per recent guidance from USFWS,when there is aquatic habitat present,a biological conclusion of May Affect,Not Likely to Adversely Affect is usually recommended. NMFS lists Atlantic and shortnose sturgeon in this area,but per Fritz Rohde from NOAA Marine Fisheries,there is no habitat present for either of these species within the project vicinity. Consultation Documentation Upload B-5818 Mussel Survey Report 2019.pdf 2.06MB 6. Essential Fish Habitat(Corps Requirement) 6a.Will this project occur in or near an area designated as an Essential Fish Habitat?* CYes 6' 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?* C Yes 6- No 7b.What data sources did you use to determine whether your site would impact historic or archeological resources?* Tribal coordination 7c.Historic or Prehistoric Information Upload B-5818 Catawba Indian Nation Response.pdf 378.32KB 8. Flood Zone Designation(Corps Requirement) 8a.Will this project occur in a FEMA-designated 100-yearfloodplain?* 6 Yes CNo 8b.If yes,explain how project meets FEMA requirements: 8c.What source(s)did you use to make the floodplain determination?* FEMA Maps Miscellaneous C^U Comments Miscellaneous attachments not previously requested. B-5818 Cover Letter.pdf 288.03KB Signature U * rJ 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: Michael Anthony Turchy Signature ECti4 7- Date 12/11/2020