HomeMy WebLinkAbout20210627 Ver 1_ePCN Application_20210420 1 I DWR
Division of Water Resources
Pre-Construction Notification (PCN) Form
April 4,2021 Ver 4
Initial Review
Has this project met the requirements for acceptance in to the review process?*
✓ Yes
✓ No
Is this project a public transportation project?*
(P Yes r No
Change only if needed.
BIMS#Assigned* Version#*
20210627 1
Is a payment required for this project?*
✓ No payment required What amout is owed?*
✓ Fee received r $240.00
6 Fee needed-send electronic notification G $570.00
Reviewing Office* Select Project Reviewer*
Asheville Regional Office-(828)296-4500 Kevin Mitchell:eads\rkmitchell
Information for Initial Review
fa.Name of project:
1-26 and Old Howard Gap Drainage
fa.Who is the Primary Contact?*
Dave McHenry
lb.Primary Contact Email:* 1c.Primary Contact Phone:*
dgmchenry@ncdot.gov (828)246-7078
Date Submitted
4/20/2021
Nearest Body of Water
North Pacolet River
Basin
Broad
Water Classification
C Tr
Site Coordinates
Latitude: Longitude:
535.24600 -82.26500
A. Processing Information
County(or Counties)where the project is located:
Polk
Is this a NCDMS Project
✓ Yes G No
Is this project a public transportation project?*
6 Yes r No
Is this a NCDOT Project?*
(. Yes r No
(NCDOT only)T.I.P.or state project number:
none
WBS#(?)
15610.1075010
Pre-Filing Meeting Information
Is this a courtesy copy notification?*
✓ Yes G No
ID# Version
Pre-fling Meeting or Request Date
10/30/2020
Attach documentation of Pre-Filing Meeting Request here:
pick the*ad button or drag and drop files here to attach document
15614.1075010_November 2020 pre-app coordination DWR and ACOE.pdf 181.99KB
Pie type must be FCF
1a.Type(s)of approval sought from the Corps:
(7 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?*
✓ Yes
t: No
lb.What type(s)of permit(s)do you wish to seek authorization?
f7 Nationwide Permit(NWP)
✓Regional General Permit(RGP)
✓Standard(IP)
1c.Has the NWP or GP number been verified by the Corps?
✓ Yes 6 No
Nationwide Permit(NWP)Number: 03-Maintenance
NWP Numbers(for multiple NWPS):
12,13
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 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: r Yes 6' No
For the record only for Corps Permit: r Yes 6 No
If.Is this an after-the-fact permit application?*
✓ Yes f 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 rNo
Acceptance Letter Attachment
1h.Is the project located in any of NC's twenty coastal counties?
✓ Yes 6 No
1j.Is the project located in a designated trout watershed?
✓ Yes r No
B. Applicant Information L)
Id.Who is applying for the permit?
(7 Owner r Applicant(other than owner)
le.Is there an Agent/Consultant for this project?*
✓ Yes f No
2. Owner Information
2a.Name(s)on recorded deed:
NCDOT,Division 14
2b.Deed book and page no.:
2c.Contact Person:
Dave MHenry
2d.Address
Street Address
253 Webster Road
Address Line 2
C1tY State/Rovince/FiDgion
Sylva NC
Fbstal/Zip Code Country
28779 OSA
2e.Telephone Number: 2f.Fax Number:
(828)246-7078
2g.Email Address:*
dgmchenry@ncdot.gov
C. Project Information and Prior Project History
1. Project Information
lb.Subdivision name:
(d appropriate)
1c.Nearest municipality/town:
Columbus
I 2. Project Identification
2a.Property Identification Number: 2b.Property size:
none 13.5
2c.Project Address
Street Address
1-26
Address Line 2
City State/Rovince/Region
Coli]umbus NC
Fbstal/Zip Code Country
28711 USA
3.Surface Waters
3a.Name of the nearest body of water to proposed project:*
North Pacolet River
3b.Water Resources Classification of nearest receiving water:*
C Tr
3c. What river basin(s)is your project located in?*
Broad
3d.Please provide the 12-digit HUC in which the project is located.
030501051500
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 project is an existing drainage system along an interstate(1-26)and parallel secondary road(SR 1122 Old Howard Gap)in a rural mountainous and forested portion of western
Polk County.
4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?*
C- Yes C No 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)
15614.1075010_maps.pdf 539.89KB
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)
20210419_15554203727_21_Farmland_Classification_Soils.pdf 650.07KB
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:
718
4h.Explain the purpose of the proposed project:*
The purpose is to make urgent repairs to a failing drainage system under an interstate that is also contributing to slides/slope failures and corresponding roadway wash-out/closure on
Old Howard Gap Road downslope of the failures.
4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:*
The project wll use heavy construction equipment(track-hoes,dumps,directional bore machines,...)to replace buried drainage lines under the existing interstate and install some new
drainage lines below grade and extending south from the interstate.
4j.Please upload project drawings for the proposed project.
15614.1075010_Permit_Drawings_2021-04-15(002).pdf 7.28MB
15614.1075010_Permit_Drawings_Energy dissipator details 2D.pdf 549.73KB
5.Jurisdictional Determinations
5a.Have the wetlands or streams been delineated on the property or proposed impact areas?*
6' Yes C No C Unknown
Comments:
Requesting PJD
5b.If the Corps made a jurisdictional determination,what type of determination was made?*
C Preliminary r Approved C Not Verified C Unknown F N/A
Corps AID Number:
5c.If 5a is yes,who delineated the jurisdictional areas?
Name(if known): Ryan Elliot
Agency/Consultant Company: TGS Engineers
Other: Kevin Barnett,NCDOT
5d1.Jurisdictional determination upload
15614.1075010_PJD.pdf 2.85MB
6. Future Project Plans
6a.Is this a phased project?*
CYes 6' 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 Q.)
1. Impacts Summary
1a.Where are the impacts associated with your project?(check all that apply):
r Wetlands 17 Streams-tributaries r Buffers
r 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 SB-Replace junction box Temporary Culvert UT North Pacolet River Perennial Both 2 25
Average(feet) (linear feet)
S2 SB-Slip Line Pipe Temporary Dewatering UT North Pacolet River Perennial Both 6 40
Average(feet) (linear feet)
S3 SA-Temporary Dewater Temporary Dewatering UT North Pacolet River Perennial Both 3 242
Average(feet) (linear feet)
Sq SA-Dissipator and Rip Rap Permanent Relocation UT North Pacolet River Perennial Both 3 136
Average(feet) (linear feet)
3i.Total jurisdictional ditch impact in square feet:
0
3i.Total permanent stream impacts: 3i.Total temporary stream impacts:
136 307
3i.Total stream and ditch impacts:
443
3j.Comments:
Much of the temporary impacts at Site 3,possibly half,will not be needed.The requested amount is a contingency because precise siting of
dewatering and possible crossing needs will be uncertain until construction access begins.
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 minimum amount of impacts are being requested.The permanent impact has been design to route the stream channel around the energy
dissipater pad,that must be situated in the stream channel as design due to hug anticipated velocities.The rip rap lining is needed to maintain the
single-thread channel around the dissipater and will protect it from erosive velocities from the dissipater.Note,this project also has been designed to
minimize impact to federally protected white irisette in the vicinity of Site 3.This hampers the ability to redesign the channel anymore to reduce water
impacts.
1b.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Instream work will be done with temporary dewatering areas to avoid sediment losses.
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 r No
2b.If this project DOES NOT require Compensatory Mitigation,explain why:
The channel is being relocated around the dissipater rather than being incorporated into it.Therefore,a more normal width channel can be maintained(2-3 feet)versus a channel that
flares out into a large pre-formed scour hole.The rip rap will protected the channel from erosive velocities and help maintain sediment transport due to a stable channel width.Although
the rip rap will line the streambed,interstitial spaces will assuredly quickly aggrade fine sediments from upstream erosion sources and thereby not result in long-term sub-surface flow.
The stream is also too small to support fish.We believe this impact is minor in scope and will not result in long-term loss of stable stream channel habitat.
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:
Not subject
2.Stomiwater Management Plan
2a.Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
C Yes r No
Comments:
The project will be periodically review by Division 14 and Roadside Environmental staffs during construction to verify compliance with best management practices.
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?*
6 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 f• No
Comments:*
This project qualifies under a TYPE Ill CE
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 f No
3b.If you answered"no,"provide a short narrative description.
This work is all maintenance and will not generate or foster increase development.
4.Sewage Disposal(DWR Requirement)
4a.Is sewage disposal required by DWR for this project?*
✓ Yes t: 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 rNo
5b.Have you checked with the USFWS concerning Endangered Species Act impacts?*
( Yes rNo
5c.If yes,indicate the USFWS Field Office you have contacted.
Asheville
5d.Is another Federal agency involved?*
( Yes r No r Unknown
What Federal Agency is involved?
FHWA
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 r No
5g.Does this project involve bridge maintenance or removal?
✓ Yes ( No
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?
Site surveys and consultation with USFWS biologists.
Consultation Documentation Upload
15614.10750101-26 and Old Howard Gap USFWS Concurrence Request_4_14_21.pdf 8.28MB
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?*
NMFS data
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?*
Coordination with federally recognized tribes and NCHPO.
7c.Historic or Prehistoric Information Upload
NCDOT15614.1075010_Polk_SHPO No Comment.pdf 151.43KB
NCDOT_15614.1075010_Polk_Tribal_Scoping.pdf 1.49MB
8. Flood Zone Designation(Corps Requirement)
8a.Will this project occur in a FEMA-designated 100-year floodplain?*
f Yes 6' No
8c.What source(s)did you use to make the floodplain determination?*
NC Floodmaps
Miscellaneous
Comments
Please see attached cover letter and supporting information for the project.
Miscellaneous attachments not previously requested.
15614.1075010_Nationwide Permit Cover Letter and NRTR.pdf 365.29KB
15614.1075010_Site 3 Photo of dissipator and channel realign location.pdf 1.77MB
15614.1075010_Site 3 Photo upstream of dissipator and channel realign location.pdf 1.45MB
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:
Dave McHenry
Signature
Date
4/20/2021