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HomeMy WebLinkAbout20201093 Ver 2_ePCN Application_20210426 I 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?* 6 Yes ✓ No Is this project a public transportation project?* 0 Yes r No Change only if needed. BIMS#Assigned* Version#* 20201093 2 Is a payment required for this project?* ✓ No payment required G 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: Replace Bridge 132 on NC 73 over Dutch Buffalo Creek 1a.Who is the Primary Contact?* Michael Turchy lb.Primary Contact Email:* 1c.Primary Contact Phone:* maturchy@ncdot.gov (919)707-6157 Date Submitted 4/26/2021 Nearest Body of Water Dutch Buffalo Creek Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: Longitude: 35.395927 -80.416077 A. Processing Information U County(or Counties)where the project is located: Cabarrus Is this a NCDMS Project ✓ Yes G 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-5813 WBS#(?) 45767.1.1 Pre-Filing Meeting Information Is this a courtesy copy notification?* C- Yes G No ID# Version 20201093 Pre-fling Meeting or Request Date 4/24/2021 Attach documentation of Pre-Filing Meeting Request here: Click the upped button or drag and drop files here to attach document B-5813 2021-03-31 401 Return Letter.pdf 1.11MB Pie type nest be FCF 1a.Type(s)of approval sought from the Corps: [7 Section 404 Permit(wetlands,streams and waters,Clean Water Act) n Section 10 Permit(navigable waters,tidal waters,Rivers and Harbors Act) Has this PCN previously been submitted?* ✓ Yes ✓ No Please provide the date of the previous submission.* 9/2/2020 lb.What type(s)of permit(s)do you wish to seek authorization? Nationwide Permit(NWP) n Regional General Permit(RGP) r Standard(IP) lc.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): ld.Type(s)of approval sought from the DWR: I7 401 Water Quality Certification-Regular n 401 Water Quality Certification-Express n Non-404 Jurisdictional General Permit r Riparian Buffer Authorization n 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: C- Yes s No For the record only for Corps Permit: C- Yes s No If.Is this an after-the-fact permit application?* CYes 6No 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? 6 Yes r No 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? CYes CNo Acceptance Letter Attachment B-5813 DMS Acceptance Letter.pdf 457.39KB 1h.Is the project located in any of NC's twenty coastal counties? C- Yes r 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 17 Applicant(other than owner) le.Is there an Agent/Consultant for this project?* r Yes t: No 2.Owner Information 2a.Name(s)on recorded deed: NCDOT 2b.Deed book and page no.: 2c.Contact Person: 2d.Address Street Address 1598 Mail Service Center Address Line 2 Dty State/Frovince/Region Raleigh NC Postal/Zip Code Country 27699-1598 US 2e.Telephone Number: 2f.Fax Number: (919)707-6157 2g.Email Address:* pharris@ncdot.gov 3.Applicant Information(if different from owner) 3a.Name: NCDOT 3b.Business Name: 3c.Address Street Address 1598 Mail Service Center Address Line 2 aty State/Province/Region Raleigh NC Postal/Zip c de Country 27699-1598 US 3d.Telephone Number: 3e.Fax Number: (919)707-6157 3f.Email Address:* maturchy@ncdot.gov C. Project Information and Prior Project History 1. Project Information lb.Subdivision name: (if appropriate) 1c.Nearest municipality/town: Mt.Pleasant 2. Project Identification 2a.Property Identification Number: 2b.Property size: 2c.Project Address Street Address Address Line 2 Oty State/Frevince/Region Fbstal/Zip Code Country 3.Surface Waters 3a.Name of the nearest body of water to proposed project:* Dutch Buffalo 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. 030401050304 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 current conditions include a two-lane,4-span structurally deficient,and functionally obsolete bridge over Dutch Buffalo Creek.The surrounding land use is agricultural,residential, and fragmented forest land. 4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?* C Yes !' 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 4g.List the total estimated linear feet of all existing streams on the property: 632 4h.Explain the purpose of the proposed project:* The purpose of this project is to replace Bridge 132-a structurally deficient and functionally obsolete bridge.The concrete superstructure and substructure have reached a degree of deterioration that can no longer be addressed by maintenance activities and is reaching the end of its useful life.In addition,the new bridge will provide a left turn lane to the adjacent intersection with Dutch Road,which has a higher crash rate than the state average. 4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:* The existing 190',4-span bridge will be replaced with a 2-span bridge north(upstream)of the existing bridge.The existing bridge will remain in use during construction.Standard road and bridge building equipment such as trucks,dozers,and cranes will be used. 4j.Please upload project drawings for the proposed project. B-5813 2021-03-05 Permit Drawings.pdf 5.88MB 5.Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* (r Yes r No C Unknown Comments: 5b.If the Corps made a jurisdictional determination,what type of determination was made?* C Preliminary f Approved 6' Not Verified C Unknown t' N/A Corps AID Number: 5c.If 5a is yes,who delineated the jurisdictional areas? Name(if known): Nathan Howell Agency/Consultant Company: Three Oaks Engineering Other: 5d1.Jurisdictional determination upload 6. Future Project Plans 6a.Is this a phased project?* C Yes 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 1. Impacts Summary 1a.Where are the impacts associated with your project?(check all that apply): n Wetlands rJ Streams-tributaries r Buffers n Open Waters r 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 Site 1:Existing Bridge Permanent Bank Stabilization Dutch Buffalo Creek Perennial Both 21 63 Removal Average(feet) (linear feet) S2 Site 1:Existing Bridge Temporary Workpad/Causeway Dutch Buffalo Creek Perennial Both 21 20 Removal Average(feet) (linear feet) S3 Site 2:Stream Relocation Permanent Relocation UT to Dutch Buffalo Creek Perennial Both 7 219 Average(feet) (linear feet) S4 Site 2:Stream Relocation Temporary Dewatering UT to Dutch Buffalo Creek Perennial Both 7 117 Average(feet) (linear feet) 3i.Total jurisdictional ditch impact in square feet: 0 3i.Total permanent stream impacts: 3i.Total temporary stream impacts: 282 137 3i.Total stream and ditch impacts: 419 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 new alignment shifts the road to the north to avoid taking two residences and a business on the south side of the road.The existing structure has two mass concrete bents that control the edges of Dutch Buffalo Creek.These will be removed,and the new structure will not have bents at the waters edge.Rip rap outlet pads will be utilized to dissipate the flow and minimize erosion.Special stilling basins place on both sides of Dutch Buffalo Creek will help minimize sediment from passing into the stream. lb.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Best Management Practices will be adhered to. 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? 6 Yes r No 2c.If yes,mitigation is required by(check all that apply): f DWR fJ Corps 2d.If yes,which mitigation option(s)will be used for this project? n Mitigation bank fJ 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 r No 4b.Stream mitigation requested: (linear feet) 4c.If using stream mitigation,what is the stream temperature: 219 warm 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 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 (7 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?* ✓ 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 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 r No 1c.If you answered"yes"to the above,has the document review been finalized by the State Clearing House?* (z Yes r No NEPA or SEPA Final Approval Letter B-5813 MCDC.pdf 1.12MB 2.Violations(DWR Requirement) 2a.Is the site in violation of DWR Water Quality Certification Rules(15ANCAC 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 f•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. 4.Sewage Disposal(DWR Requirement) 4a.Is sewage disposal required by DWR for this project?* ✓ Yes ( 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 ( No 5d.Is another Federal agency involved?* ✓ Yes F No (' Unknown 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 r No 5g(1).If yes,have you inspected the bridge for signs of bat use such as staining,guano,bats,etc.? 6' Yes r No If you answered"Yes"to 5g(1),did you discover any signs of bat use? ✓ Yes P' No r Unknown 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 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. Schweinitts sunflower:No Effect,Habitat Present,last survey 10/21/2019 Carolina heelsplitter:No Effect,No Habitat Present 10/25/2018 Northern long-eared bat:NCDOT has determined that the proposed action does not require separate consultation on the grounds that the proposed action is consistent with the final Section 4(d)rule.NCDOT may presume its determination is informed by best available information and consider Section 7 responsibilities fulfilled for NLEB. Approximately 0.47 acre of trees will be removed in the project footprint for construction purposes. Consultation Documentation Upload B-5813 Mussel Survey Report.pdf 1.06MB B-5813 SLOPES Memo.pdf 235.3KB 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?* Review of online mapping sources. 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?* MCDC and Archaeology Memo. 7c.Historic or Prehistoric Information Upload B-5813 Catawba Indian Nation Response 2020-01-16.pdf 273.92KB B-5813 No Archaeology Survey Req.pdf 547.01 KB 8. Flood Zone Designation(Corps Requirement) 8a.Will this project occur in a FEMA-designated 100-year floodplain?* (n Yes r No 8b.If yes,explain how project meets FEMArequirements: The project was determined by NCDOT to be a Type 2A Project during NCFMP and NCDOT MOA Project Review. 8c.What source(s)did you use to make the floodplain determination?* FEMA Flood Maps. M iscel Ianeous L) Comments Miscellaneous attachments not previously requested. B-5813 Cover letter.pdf 262.93KB Signature * B 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 M,chae/Tunccd,� Date 4/26/2021