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HomeMy WebLinkAbout20210302 Ver 1_ePCN Application_20210610 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#* 20210302 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: Cherokee County-Bridge 170 1a.Who is the Primary Contact?* Patrick J.Breedlove 1b.Primary Contact Email:* 1c.Primary Contact Phone:* pjbreedlove@ncdot.gov (828)508-7397 Date Submitted 6/10/2021 Nearest Body of Water Marble Creek Basin Hiwassee Water Classification Class C Site Coordinates Latitude: Longitude: 35.125991 -83.999481 A. Processing Information County(or Counties)where the project is located: Cherokee Is this a NCDMS Project ✓ Yes 6' 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#(?) 17BP.14.R.167 Pre-Filing Meeting Information Is this a courtesy copy notification?* ✓ Yes G No ID# Version 20210302 Version 1 Pre-fling Meeting or Request Date 2/11/2021 Attach documentation of Pre-Filing Meeting Request here: Click the upload button or drag and drop files here to attach docurrent Cherokee County-B170-Pre-Filing Acknowiedgement.pdf 1.08MB Pie type mast 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 ✓ No lb.What type(s)of permit(s)do you wish to seek authorization? r Nationwide Permit(NWP) f7 Regional General Permit(RGP) r Standard(IP) 1c.Has the NWP or GP number been verified by the Corps? ✓ Yes 6 No Regional General Permit(RGP)Number: 201902350-Work associated with bridge construction,widening,replacement,and interchanges RGP Numbers(for multiple RGPS): ld.Type(s)of approval sought from the DWR: fJ 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 r No For the record only for Corps Permit: r Yes r No If.Is this an after-the-fact permit application?* ✓ Yes (' 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 1h.Is the project located in any of NC's twenty coastal counties? ✓ Yes (' No 1j.Is the project located in a designated trout watershed? 6. Yes r No B. Applicant Information Id.Who is applying for the permit? f7 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.Contact Person: 2d.Address Street Address 253 Webster Road Address Line 2 City State/Aovince/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 C^U 1. Project Information 1b.Subdivision name: (if apprgxiate) 1c.Nearest municipality/town: Murphy 2. Project Identification 2a.Property Identification Number: 2b.Property size: 2c.Project Address Street Address Address Line 2 Qly State/Rovince/Region Postal/Zip Code Country 3.Surface Waters 3a.Name of the nearest body of water to proposed project:* Marble Creek 3b.Water Resources Classification of nearest receiving water:* Class C 3c. What river basin(s)is your project located in?* Hiwassee 3d.Please provide the 12-digit HUC in which the project is located. 060200020404 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 on steel I-beam bridge on a two lane secondary road.Project site is located is a rural residential area with mowed yards adjacent to the project site with a metal recycling center nearby. 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: 0.00 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 on steel I-beam bridge with an aluminum box culvert in the existing bridge footprint. 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 pipe prior to the construction of the aluminum box culvert.The UT will dewatered and realigned to allow for approach fill slopes.Bank stabilization material will be permanently installed once final grading allows.Diversions will be removed and temporary impacts will be restored.The proposed project will be constructed utilizing the following equipment:crane,excavator,dump trucks,paving equipment,pumps and hand tools. 5.Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No O Unknown Comments: 5b.If the Corps made a jurisdictional determination,what type of determination was made?* C Preliminary r Approved r Not Verified c Unknown r N/A Corps AID Number: 5c.If 5a is yes,who delineated the jurisdictional areas? Name(if known): Agency/Consultant Company: Other: 6. Future Project Plans 6a.Is this a phased project?* C Yes 0 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): 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* 81 Aluminum Box Culvert Permanent Culvert Marble Creek Perennial Both 10 40 Average(feet) (linear feet) 32 Dewatering Temporary Dewatering Marble Creek Perennial Both 10 70 Average(feet) (linear feet) S3 Roadway Fill Slope Permanent Relocation UT to Marble Creek Perennial Both 2 50 Average(feet) (linear feet) 34 Dewatering Temporary Dewatering UT to Marble Creek Perennial Both 2 70 Average(feet) (linear feet) S5 Streambank Stabilization Permanent Bank Stabilization Marble Creek Perennial Both 10 13 Average(feet) (linear feet) S6 Streambank Stabilization Permanent Bank Stabilization Marble Creek Perennial Both 10 12 Average(feet) (linear feet) 3i.Total jurisdictional ditch impact in square feet: 0 3i.Total permanent stream impacts: 3i.Total temporary stream impacts: 115 140 3i.Total stream and ditch impacts: 255 3j.Comments: E. Impact Justification and Mitigation 1.Avoidance and Minimization Ia.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 with in same disturbed location.The box culvert was designed for the minimum size criteria to ensure conveyance of traffic on the secondary road. lb.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The on-site stream(Marble Creek&UT to Marble Creek)will be temporary diverted/dewatered while the box culvert is constructed and while the existing bridge is removed.Erosion and sediment 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 r 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? 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: 40 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 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 O No F. Stormwater Management and Diffuse Flow Plan (required by DWR) U 1. Diffuse Flow Plan Ia.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?* t Yes r No Comments: G. Supplementary Information C^U 1. Environmental Documentation Ia.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(NEPA/SEPA)?* (r Yes rNo 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 ( 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 ( 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 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.? ( 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 ( 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 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 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?* 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?* C Yes f• No 7b.What data sources did you use to determine whether your site would impact historic or archeological resources?* NCDOT Culture Resource Specialist 8. Flood Zone Designation(Corps Requirement) 8a.Will this project occur in a FEMA-designated 100-year floodplain?* C Yes f• No 8c.What source(s)did you use to make the floodplain determination?* N.C.Flood Maps-Flood Risk Information System Miscellaneous 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 docunent Cherokee County-B170-GP 50 Cover Letter(Final).pdf 38.13KB Cherokee County-B170-USGS Topo Map.pdf 638.97KB Cherokee County-B170-NRCS Soil Survey.pdf 525.08KB Cherokee County-B170-Permit Plans.pdf 2.81MB Cherokee County-B170-Site Photos.pdf 7.02MB Cherokee County-B170-Historic Archictecture.pdf 826.66KB Cherokee County-B170-Archaeology.pdf 1.7MB Cherokee County-B170-Hydro Report.pdf 4.28MB Cherokee County-B170-JD(Signed).pdf 223.28KB Cherokee County-B170-Mitigation Acceptance Letter.pdf 457.24KB Cherokee County-B170-SWP(Final).pdf 2.18MB Cherokee County-B170-NC Hertiage Program.pdf 1.33MB Cherokee County-B170-Bat Assessment Form.pdf 36.88KB Pie mist be FCF or KW Comments Signature U * 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: Patrick Jeremy Breedlove Signature c 7nt c my r r Date 6/10/2021