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HomeMy WebLinkAbout20201575 Ver 1_ePCN Application_20210319 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#* 20201575 1 Is a payment required for this project?* ✓ No payment required 6 Fee received Reviewing Office* ✓ Fee needed-send electronic notification Asheville Regional Office-(828)296-4500 Select Project Reviewer* Kevin Mitchell:eads\rkmitchell Information for Initial Review 1a.Name of project: Swain County-Bridge 133 1a.Who is the Primary Contact?* Patrick J.Breedlove lb.Primary Contact Email:* 1c.Primary Contact Phone:* pjbreedlove@ncdot.gov (828)508-7397 Date Submitted 3/19/2021 Nearest Body of Water Brush Creek Basin Little Tennessee Water Classification Class C;Tr. Site Coordinates Latitude: Longitude: 35.310998 -83.480841 Pre-Filing Meeting Information ID# Version 20201575 1 Pre-fling Meeting or Request Date* 10/27/2020 Attach documentation of Pre-Filing Meeting Request here:* Swain County-B133-Pre Filing.pdf 47.8KB A. Processing Information C^U County(or Counties)where the project is located: Swain 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: WBS#(2) 17BP.14.R.164 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? fJ 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: 14-Linear transportation NWP Numbers(for multiple NWPS): Id.Type(s)of approval sought from the DWR: 17 401 Water Quality Certification-Regular r 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: C' Yes 6 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? (' Yes C 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 Swain County-B133-Mitigation Acceptance Letter.pdf 457.22KB 1h.Is the project located in any of NC's twenty coastal counties? C- Yes C No 1j.Is the project located in a designated trout watershed? C Yes C- No B. Applicant Information Id.Who is applying for the permit? 17 Owner r 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 14 2b.Deed book and page no.: 2c.Responsible party: 2d.Address Street Address 253 Webster Road Address Line 2 (Sty State/Province/Region Sylva North Carolina Postal/Zip Code Country 28779 United States 2e.Telephone Number: 2f.Fax Number: (828)508-7397 2g.Email Address:* pjbreedlove@ncdot.gov C. Project Information and Prior Project History 1. Project Information 1b.Subdivision name: (if appropriate) 1c.Nearest municipality/town: Bryson City 2. Project Identification 2a.Property Identification Number: 2b.Property size: 2c.Project Address Street Address Address Line 2 DIY Slate/Rovince/Region Postal/Zip Code Country 3.Surface Waters 3a.Name of the nearest body of water to proposed project:* Brush Creek 3b.Water Resources Classification of nearest receiving water:* Class C;Tr. 3c. What river basin(s)is your project located in?* Little Tennessee 3d.Please provide the 12-digit HUC in which the project is located. 060102020405 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:* Existing land use is an existing wood floor,wood joist bridge on a two lane secondary road.Project site is located in a rural residential area with agriculture fields and gravel driveways adjacent to the project area. 4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?* C Yes f 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) Swain County-B133-USGS Topo Map.pdf 618.33KB 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) Swain County-B133-NRCS Soil Survey.pdf 594.02KB 4f.List the total estimated acreage of all existing wetlands on the property: 0 4g.List the total estimated linear feet of all existing streams on the property: 300 4h.Explain the purpose of the proposed project:* Project is to replace an obsolete and deteriorating wood floor,wood joist bridge with an aluminum box culvert downstream of the existing bridge. 4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:* NCDOT contractor will install erosion and sediment control measures.NCDOT contractor will install diversion prior the construction of the new aluminum box culvert.Once new box culvert is completed,traffic will be place on new structure and the existing wood bridge will be removed.Bank stabilization materials will be permanently installed once final grading allows.Diversion will be removed and temporary impacts will be restored and areas where existing bridge was will be restored and replanted.The proposed project will be constructed utilizing the following equipment:crane,excavator,dump trucks,paving equipment,pumps and hand tools. 4j.Please upload project drawings for the proposed project. Swain County-B133-Permit Plans.pdf 3.23MB 5.Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* ✓ Yes F No r Unknown Comments: 5b.If the Corps made a jurisdictional determination,what type of determination was made?* ✓ Preliminary r Approved r Not Verified 6. 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 6a.Is this a phased project?* ✓ Yes f• 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? D. Proposed Impacts Inventory 1. Impacts Summary la.Where are the impacts associated with your project?(check all that apply): r Wetlands II Streams-tributaries 1 Buffers r Open Waters 1 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* length* S1 Box Culvert Permanent Culvert Brush Creek Perennial Both 10 48 Average(feet) (linear feet) S2 Dewatering Temporary Dewatering Brush Creek Perennial Both 10 100 Average(feet) (linear feet) S3 Rip-Rap Permanent Bank Stabilization Brush Creek Perennial Both 10 16 Average(feet) (linear feet) S4 Rip-Rap Permanent Bank Stabilization Brush Creek Perennial Both 10 14 Average(feet) (linear feet) 3i.Total jurisdictional ditch impact in square feet: 0 3i.Total permanent stream impacts: 3i.Total temporary stream impacts: 78 100 3i.Total stream and ditch impacts: 178 3j.Comments: 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 bridge is being replaced with a structure that is adequate for the traffic needs directly downstream within the same disturbed location.The culvert was designed for the minimum size criteria to ensure conveyance of traffic on the secondary road.Existing bridge will be used for detour until new structure is completed to limit temporary impacts. 1b.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The on-site stream(Brush Creek)will be temporary diverted/dewatered while the box culvert is constructed and while the existing bridge is removed. Erosion and sedimentation control measures will be installed prior to ground disturbance.Both of these measures will aid in the prevention of sediment into downstream habitats. 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 2c.If yes,mitigation is required by(check all that apply): I7 DWR fJ Corps 2d.If yes,which mitigation option(s)will be used for this project? r-Mitigation bank 17 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. 6 Yes C- No 4b.Stream mitigation requested: (linear feet) 4c.If using stream mitigation,what is the stream temperature: 48 cold 4d.Buffer mitigation requested(DWR only): 4e.Riparian wetland mitigation requested: (square feet) (acres) 4f.Non-riparian wetland mitigation requested: 4g.Coastal(tidal)wetland mitigation requested: (acres) (acres) 4h.Comments 6. Buffer mitigation(State Regulated Riparian Buffer Rules)-required by DWR 6a.Will the project result in an impact within a protected riparian buffer that requires buffer mitigation?If yes,you must fill out this entire form-please contact DWR for more information. (' Yes ( No F. Stormwater Management and Diffuse Flow Plan (required by DWR) 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: Project is not located within a N.C.Riparian Buffer Protection Area. 2.Stormwater Management Plan 2a.Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* e Yes C 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 r No 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(NEPA/SEPA)?* ( Yes f No 1c.If you answered"yes"to the above,has the document review been finalized by the State Clearing House?* ✓ Yes (• No Comments:* NCDOT MCDC Completed. 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. The project is only to replace the existing subject bridge with an aluminum box culvert and does not increase the capacity of roads in the area.The proposed project is not a road widening or improvement project. 4.Sewage Disposal(DWR Requirement) 4a.Is sewage disposal required by DWR for this project?* ✓ Yes f• No r 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 r No 5b.Have you checked with the USFWS concerning Endangered Species Act impacts?* ( Yes r No 5c.If yes,indicate the USFWS Field Office you have contacted. Asheville 5d.Is another Federal agency involved?* ✓ Yes r No r Unknown 5e.Is this a DOT project located within Division's 1-8? ✓ Yes 6' No 5f.Will you cut any trees in order to conduct the work in waters of the U.S.? ( Yes r No 5g.Does this project involve bridge maintenance or removal? 6. Yes r No 5g(1).If yes,have you inspected the bridge for signs of bat use such as staining,guano,bats,etc.? ( Yes r No If you answered"Yes"to 5g(1),did you discover any signs of bat use? ✓ Yes (' No r Unknown 5h.Does this project involve the construction/installation of a wind turbine(s)?* ✓ Yes r 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.? 6. 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. Swain County-B133-NWP 3 Cover Letter(Final).pdf 39.27KB 5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? U.S.Fish&Wildlife-ECOS-Online Mapper 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 f No 6b.What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA-Essential Fish Habitat 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 f• No 7b.What data sources did you use to determine whether your site would impact historic or archeological resources?* NCDOT Culture Resources Specialist. 7c.Historic or Prehistoric Information Upload Swain County-B133-Historic Architecture.pdf 670.93KB Swain County-B133-Archaeology.pdf 3.55MB 8. Flood Zone Designation(Corps Requirement) 8a.Will this project occur in a FEMA-designated 100-year floodplain?* rYes allo 8c.What source(s)did you use to make the floodplain determination?* N.C.Flood Maps-Flood Risk Information System. Miscellaneous Comments Miscellaneous attachments not previously requested. Swain County-B133-MCDC(Signed).pdf 375.69KB Swain County-B133-NC Hertiage Program.pdf 3.15MB Swain County-B133-Hydro Report.pdf 3.8MB Swain County-B133-Site Photos.pdf 1017.25KB Swain County-B133-SMP.pdf 241.83KB Swain County-B133-Bat Habitat Assessment Form.pdf 40.47KB Swain County-B133-GIS Map.pdf 509.34KB Signature * ,I 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: Patrick Jeremy Breedlove Signature Date 3/19/2021