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HomeMy WebLinkAbout20210644 Ver 1_ePCN Application_20210602 I I DWR Division of Water Resources Pre-Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1,2021 Ver4.1 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?* R Yes r No Change only if needed. BIMS#Assigned* Version#* 20210644 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 la.Name of project: NC 208 Madison road improvements 1a.Who is the Primary Contact?* Yates Allen 1b.Primary Contact Email:* 1c.Primary Contact Phone:* ryallen@ncdot.gov (828)250-3002 Date Submitted 6/2/2021 Nearest Body of Water Allen Creek;Little Laurel Creek Basin French Broad Water Classification Class C;ORW(Allen);Class C;Tr;ORW(Little Laurel) Site Coordinates Latitude: Longitude: 35.966590 -82.753113 A. Processing Information County(or Counties)where the project is located: Madison Is this a NCDMS Project ✓ Yes ( No Is this project a public transportation project?* ( Yes r No Is this a NCDOT Project?* ( Yes r No (NCDOT only)T.I.P.or state project number: WBS#(9) 49339 Pre-Filing Meeting Information Is this a courtesy copy notification?* ✓ Yes G No ID# Version 20210644 1 Pre-fling Meeting or Request Date 3/25/2021 Attach documentation of Pre-Filing Meeting Request here: Click the upload button or drag and drop files here to attach document 20210644 Ver 1_Meeting Request Review_20210325 No meeting required.pdf 640.58KB Pie type oust be FCF 1a.Type(s)of approval sought from the Corps: I7 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 ✓ No lb.What type(s)of permit(s)do you wish to seek authorization? fJ Nationwide Permit(NWP) ✓Regional General Permit(RGP) ✓Standard(IP) 1c.Has the NWP or GP number been verified by the Corps? G Yes r 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 ✓Non-404 Jurisdictional General Permit r Riparian Buffer Authorization ✓ 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? 6 Yes rNo 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? ✓ Yes rNo lh.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? 6 Yes r No B. Applicant Information 1d.Who is applying for the permit? 17 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: NC Department of Transportation 2b.Deed book and page no.: 2c.Contact Person: 2d.Address Street Address 55 Orange Street Address Line 2 atY State/Province/Region Asheville NC Fbstal/Zip Cork Country 28801 USA 2e.Telephone Number: 2f.Fax Number: (828)250-3002 2g.Email Address:* ryallen@ncdot.gov C. Project Information and Prior Project History 1. Project Information lb.Subdivision name: (if appropriate) 1c.Nearest municipality/town: Brigman Chapel 2. Project Identification 2a.Property Identification Number: 2b.Property size: 34 2c.Project Address Street Address Address Line 2 Oty State/Province/Region Fbstal/Zip Code Country 3.Surface Waters 3a.Name of the nearest body of water to proposed project:* Allen Creek;Little Laurel Creek 3b.Water Resources Classification of nearest receiving water:* Class C;ORW(Allen);Class C;Tr;ORW(Little Laurel) ............................. 3c. What river basin(s)is your project located in?* French Broad 3d.Please provide the 12-digit HUC in which the project is located. 060101051003 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:* Narrow 2-lane paved road in rural area with scattered residences,farmland,and forests. 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 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: 5.6 miles of Allen and Little Laurel Creeks;1,300 LF of UTs 4h.Explain the purpose of the proposed project:* Increase safety of the roadway 4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:* We plan to increase safety of the roadway by 1-2 feet of widening and adding guardrail where possible.The roadway will be repaved and cross pipes will be replaced/extended where necessary.Equipment includes trucks,excavators,pavers,and rollers. 5.Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* ✓ Yes r No O Unknown Comments: Site visits by NC DOT personnel and PJD form 5b.If the Corps made a jurisdictional determination,what type of determination was made?* ✓ Preliminary r Approved r Not Verified r Unknown F N/A Corps AID Number: 5c.If 5a is yes,who delineated the jurisdictional areas? Name(if known): Yates Allen Agency/Consultant Company: NC DOT Other: 6. Future Project Plans 6a.Is this a phased project?* ✓ 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 u 1. Impacts Summary la.Where are the impacts associated with your project?(check all that apply): r Wetlands 17 Streams-tributaries 1 Buffers I—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* si Pipe extension Permanent Other UT 1 Perennial Both 1 5 Average(feet) (linear feet) S2 Pipe extension Temporary Dewatering UT 1 Perennial Both 1 50 Average(feet) (linear feet) S3 Pipe extension Permanent Other UT 2 Perennial Both 1 7 Average(feet) (linear feet) S4 Pipe extension Temporary Dewatering UT 2 Perennial Both 1 45 Average(feet) (linear feet) S5 Pipe extension Permanent Other UT 4 Perennial Both 2 5 Average(feet) (linear feet) S6 Pipe extension Temporary Dewatering UT 4 Perennial Both 2 50 Average(feet) (linear feet) 37 Pipe extension Permanent Other UT 6 Perennial Both 2 10 Average(feet) (linear feet) 38 Pipe extension Temporary Dewatering UT 6 Perennial Both 2 55 Average(feet) (linear feet) Sg Pipe extension Permanent Other UT 8 Perennial Both 1 5 Average(feet) (linear feet) S10 Pipe extension Temporary Dewatering UT 8 Perennial Both 1 50 Average(feet) (linear feet) S11 Pipe extension Permanent Other UT 12 Perennial Both 1 5 Average(feet) (linear feet) S12 Pipe extension Temporary Dewatering UT 12 Perennial Both 1 50 Average(feet) (linear feet) S13 Pipe extension Permanent Other UT 13 Perennial Both 2 10 Average(feet) (linear feet) S14 Pipe extension Temporary Dewatering UT 13 Perennial Both 2 45 Average(feet) (linear feet) 3i.Total jurisdictional ditch impact in square feet: 0 3i.Total permanent stream impacts: 3i.Total temporary stream impacts: 47 345 3i.Total stream and ditch impacts: 392 3j.Comments: Permanent impacts are in same footprint as temporary impacts at each crossing. E. Impact Justification and Mitigation 1.Avoidance and Minimization la.Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Improvement activities are minimized by a lack of right of way along the road lb.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The streams will be dewatered during pipe replacement/extension and erosion control measures will be used. 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? (7 Yes f No 2c.If yes,mitigation is required by(check all that apply): r DWR 17 Corps 2d.If yes,which mitigation option(s)will be used for this project? n Mitigation bank fJ Payment to in-lieu fee 1 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: 47 cool 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 la.Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes ( 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 rNo 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(NEPA/SEPA)?* ✓ Yes (I- No Comments:* Falls within State Minimum Criteria Checklist(MCCL) 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 a 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. 4.Sewage Disposal(DWR Requirement) 4a.Is sewage disposal required by DWR for this project?* ✓ Yes a 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 f No 5b.Have you checked with the USFWS concerning Endangered Species Act impacts?* ✓ Yes RNo 5d.Is another Federal agency involved?* ✓ Yes G No r 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 G 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 f 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? https://www.fws.gov/raleigh/species/cntylist/madison.html 6. Essential Fish Habitat(Corps Requirement) 6a.Will this project occur in or near an area designated as an Essential Fish Habitat?* ✓ Yes a No 6b.What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* Current maps/data bases 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 t7 No 7b.What data sources did you use to determine whether your site would impact historic or archeological resources?* https://nc.maps.arcgis.com/apps/webappviewer/index html?id=79ea671 ebdcc45639f0860257d5f5ed7 8. Flood Zone Designation(Corps Requirement) 8a.Will this project occur in a FEMA-designated 100-year floodplain?* ( Yes C No 8b.If yes,explain how project meets FEMArequirements: 8c.What source(s)did you use to make the floodplain determination?* https://fris.nc.gov/fris/Home.aspx?ST=NC M iscel Ianeous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review.Documents should be combined into one file when possible,with a Cover Letter,Table of Contents,and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach docurrent NC 208 Wet Pipe Recommendations-REVISED 5-14-21.pdf 86.82KB NC 208 Madison Muscogee(Creek)response.pdf 408.03KB NC 208 Madison signed CRCL.pdf 893.32KB NC 208 signed cover letter.pdf 243.8KB NC 208 signed PJD.pdf 10.36MB NC 208 Widening Cherokee response.pdf 216.82KB Rle mist be Fl)F or KIVE Comments Signature * I7 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: Yates Allen Signature Ya4TEs 4L1_Fa/ Date 6/2/2021