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HomeMy WebLinkAbout20130498 Ver 1_Application_20130508 Page 1 of 11 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: Section 404 Permit Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 23 33 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Co rps? Yes No 1d. Type(s) of approval sought from the DWQ (check all that apply): 401 Water Quality Certification – Regular Non-404 Jurisdictional General Permit 401 Water Quality Certification – Express Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: Yes No For the record only for Corps Permit: Yes No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mi tigation bank or in-lieu fee program. Yes No 1g. Is the project located in any of NC’s twenty coast al counties. If yes, answer 1h below. Yes No 1h. Is the project located within a NC DCM Area of En vironmental Concern (AEC)? Yes No 2. Project Information 2a. Name of project: Replacement of Bridge No. 138 ov er Island Creek on SR 1109. 2b. County: Stanly 2c. Nearest municipality / town: Oakboro 2d. Subdivision name: not applicable 2e. NCDOT only, T.I.P. or state project no: B-4818 3. Owner Information 3a. Name(s) on Recorded Deed: North Carolina Departm ent of Transportation 3b. Deed Book and Page No. not applicable 3c. Responsible Party (for LLC if applicable): not applicable 3d. Street address: 1 South Wilmington Street 3e. City, state, zip: Raleigh, NC 27601 3f. Telephone no.: (919) 707-6157 3g. Fax no.: (919) 431-2002 3h. Email address: maturchy@ncdot.gov Office Use Only: Corps action ID no. _____________ DWQ project no. _______________ Form Version 1.3 Dec 10 2008 Page 2 of 11 4. Applicant Information (if different from owner) 4a. Applicant is: Agent Other, specify: 4b. Name: not applicable 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: not applicable 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 3 of 11 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID ): not applicable 1b. Site coordinates (in decimal degrees): Latitude: 35.204453 Longitude: - 80.381840 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 1 acre 2. Surface Waters 2a. Name of nearest body of water (stream, river, e tc.) to proposed project: Island Creek 2b. Water Quality Classification of nearest receiving w ater: C 2c. River basin: Yadkin-Pee Dee 3. Project Description 3a. Describe the existing conditions on the site and th e general land use in the vicinity of the project at t he time of this application: Mixed use of agricultural, forested & rural low den sity residential. 3b. List the total estimated acreage of all existing wetlands on the property: 0.06 3c. List the total estimated linear feet of all exis ting streams (intermittent and perennial) on the pr operty: 335 3d. Explain the purpose of the proposed project: To replace a structurally deficient and functionally o bsolete bridge. 3e. Describe the overall project in detail, including the type of equipment to be used: Replacement of bridge number 138, a two span, 61' st ructure, with a two span 80' structure, over Island Cr eek on SR 1109. Cranes, backhoes, excavators will be used. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinat ions by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: Yes No Unknown 4b. If the Corps made the jurisdictional determinat ion, what type of determination was made? Preliminary Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Steven W. Lund Agency/Consultant Company: Mulkey, Inc Other: 4d. If yes, list the dates of the Corps jurisdiction al determinations or State determinations and attac h documentation. December 8, 2009. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the pas t? Yes No Unknown 5b. If yes, explain in detail according to “help file ” instructions. 6. Future Project Plans 6a. Is this a phased project? Yes No 6b. If yes, explain. Page 4 of 11 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your proje ct (check all that apply): Wetlands Streams - tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, th en complete this question for each wetland area impact ed. 2a. Wetland impact number – Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland (if known) 2d. Forested 2e. Type of jurisdiction (Corps - 404, 10 DWQ – non-404, other) 2f. Area of impact (acres) W1 P T Yes No Corps DWQ W2 P T Yes No Corps DWQ W3 P T Yes No Corps DWQ W4 P T Yes No Corps DWQ W5 P T Yes No Corps DWQ 2g . Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impact s (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number - Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction (Corps - 404, 10 DWQ – non-404, other) 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P T Fill Northern UT to Island Creek PER INT Corps DWQ 4 47 S1 P T Temporary Causeway & Workpad Island Creek PER INT Corps DWQ 25 <0.01 acre S2 P T Fill Southern UT to Island Creek PER INT Corps DWQ 2 46 S2 P T Temporary Workpad Island Creek PER INT Corps DWQ 25 <0.01 acre 3h. Total stream and tributary impacts Permanent: 93 linear feet Temporary: 0.01 acre 3i. Comments: Explanation of Impacts: Site 1 - The Northern UT to Island Creek currently em pties into Island Creek under the bridge. To accomodat e the workpad required for the removal of the current bent and in stallation of the new bent, this UT will be re-rout ed to empty into Island Creek just upstream of the bridge. This impact will result in 47 linear feet of pemanent stream impact by way of "drying"/ rerouting the UT. There will also be 0.005 acre of temporary impact to Island Creek by way of a temporary work pad to construct the 4’ base Page 5 of 11 ditch, which will carry the new reach of the Northern UT to Island Creek, as well as temporary causeway im pact to Island Creek for the removal/ installation of the new bent. Site 2- the Southern UT to Island Creek, two impacts : 1. The extension of a 30” RCP to accommodate the wider shoulders leading up to the wider bridge. 2. The UT will be re-routed away from the bridge en d bent/ rip rap and emptying downstream of the bridg e. Both of these impacts total 46 linear feet of perman ent stream impact. There will also be <0.01 acre of temporary impact to Island Creek by way of a temporary work pad to contruct the 2' base ditch to carry the new reach of the Sout hern UT to Island Creek. 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuar ies, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impact s below. 4a. Open water impact number – Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) O1 P T O2 P T O3 P T O4 P T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete th e chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excav ated Flooded Filled Exc avat ed Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? Yes No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 6 of 11 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, th en complete the chart below. If yes, then individuall y list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a . Project is in which protected basin? Neuse Tar-Pamlico Other: Catawba Randleman 6b. Buffer impact number – Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 P T Yes No B2 P T Yes No B3 P T Yes No 6h. Total buffer impacts 6i. Comments: Page 7 of 11 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or mi nimize the proposed impacts in designing project. Bridge deck drains will be used on the eastern most si de of the proposed bridge and will not be allowed t o directly discharge into the water. An off-site detour will be used to allow the bridge to be replaced in-place 1b. Specifically describe measures taken to avoid or mi nimize the proposed impacts through construction techni ques. Best Management Practices (BMPs) and measures used in the project are non-structural and are an attempt to reduce the storm water impacts to the receiving stream due t o erosion and runoff as well as attenuate and disper se storm water before entering the receiving waters. 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 2b. If yes, mitigation is required by (check all that apply): DWQ Corps 2c. If yes, which mitigation option will be used for this project? Mitigation bank Payment to in-lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: not applicable 3b. Credits Purchased (attach receipt and letter) Ty pe Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Prog ram 4a. Approval letter from in-lieu fee program is att ached. Yes 4b. Stream mitigation requested: 93 linear feet 4c. If using stream mitigation, stream temperature: warm cool cold 4d. Buffer mitigation requested (DWQ only): n/a squa re feet 4e. Riparian wetland mitigation requested: 0 acres 4f. Non-riparian wetland mitigation requested: 0 acr es 4g. Coastal (tidal) wetland mitigation requested: 0 acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitiga tion Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation pla n. Page 8 of 11 6. Buffer Mitigation (State Regulated Riparian Buff er Rules) – required by DWQ 6a. Will the project result in an impact within a prot ected riparian buffer that requires buffer mitigation? Yes No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mit igation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to pr ivate mitigation bank, permittee responsible riparian buffer restoration, p ayment into an approved in-lieu fee fund). 6h. Comments: Page 9 of 11 E. Stormwater Management and Diffuse Flow Plan (re quired by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffe rs identified within one of the NC Riparian Buffer Protection Rule s? Yes No 1b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: Yes No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? n/a 2b. Does this project require a Stormwater Manageme nt Plan? Yes No 2c. If this project DOES NOT require a Stormwater Ma nagement Plan, explain why: 2d. If this project DOES require a Stormwater Manag ement Plan, then provide a brief, narrative descripti on of the plan: See attached Stormwater Management Plan. 2e. Who will be responsible for the review of the St ormwater Management Plan? Certified Local Government DWQ Stormwater Program DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government’s jurisdiction is this project? not applicable 3b. Which of the following locally-implemented stormw ater management programs apply (check all that apply): Phase II NSW USMP Water Supply Watershed Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? Yes No 4. DWQ Stormwater Program Review 4a. Which of the following state-implemented stormw ater management programs apply (check all that apply): Coastal counties HQW ORW Session Law 2006-246 Other: 4b. Has the approved Stormwater Management Plan wit h proof of approval been attached? Yes No N/A 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the ap propriate requirements? Yes No N/A 5b. Have all of the 401 Unit submittal requirements been met? Yes No N/A Page 10 of 11 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of publi c (federal/state/local) funds or the use of public (federal/state) land? Yes No 1b. If you answered “yes” to the above, does the pr oject require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? Yes No 1c. If you answered “yes” to the above, has the docu ment review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: PCE Signed July 2012. Yes No 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (1 5A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 2B .0200)? Yes No 2b. Is this an after-the-fact permit application? Yes No 2c. If you answered “yes” to one or both of the abo ve questions, provide an explanation of the violation (s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby dow nstream water quality? Yes No 3b. If you answered “yes” to the above, submit a qua litative or quantitative cumulative impact analysis i n accordance with the most recent DWQ policy. If you answered “no,” provide a short narrative description. Due to the minimal transportation impact resulting f rom this bridge replacement, this project will neithe r influence nearby land uses nor stimulate growth. Therefore, a detai led indirect or cumulative effects study will not be n ecessary. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods a nd disposition (non-discharge or discharge) of waste water generated from the proposed project, or available capacity of the sub ject facility. not applicable Norih Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director Beverly Eaves Perdue Governor l\4s. Cindy Carr N4ulkey Engineers & Consuitants P.o. Box 33127 Raleigh, NC 27636 Dee Freeman Secretary April 1, 2009 sUBJECT: On-Site Determination for Applicability to the Mitigation Rules [15A NCAC 2H .0506(h)], 84818, Bridge No. 138 Replacement over lsland Creek, SR 1'109, Stanly county Dear Ms. Carr: polly Lespinasse of the Division of Water Quality (DWQ) visited the site on March 31 , 2009, in order to provide verification of p;tential jurisdictional streams previousiy identiiied by your consulting firm for the above-{eferenced. project. These streams weie evaluated for applicability to the mitigation rules set forth in [15A NCAC 2H .0506(h)]. -The maps containing the pro.ject corridor were provided in the jurisdictional verificaiion package received by this office on February 1 1, 2009 The jurisdictional features (streams and wetlands) are approximated on these maps. Based on ihe field veriflcation of the streams located within the project boundaries, a change was made to one (1) determination and is outlined below: . Stream Sl (Unnamed tribuiary io lsland Creek): This stream was originally classified as ephemeral for the entire reach within ihe project boundaries (DWQ Stream ldeniification Form score of 16.5). Based on the site visit, this stream will be clissifled as intermitient from the origin to Flag S17- DWQ staff re-evaluated the reach using the DWe Stream ldentification Form and the siream received a score of 20.5 (additional points received from hydrology . and biology). piease note that isopods and amphipods were identified throughout the reach and crayflsh were observedln'the stream from Flag St6 downstTeam. Additionally, the stream will be classifled as perennial from Flag 517 to the tributary's confluencJwith lsland Creek. Perennial stream characteristics were observed in addition to ihe presence of biology (salamanders and crayfish). Based on the siie reviews of the jurisdictional determinations made by your consuliing firm, DWQ will consider the stream sites ideniified in the jurisdictionil verification package, qnd revisions identified above, as accurate. Please note that the DWQ staff did not conduct a verification of wetland boundaries on ihis project' This letter only addresses the applicability to the mitigatign rules and does not approve any activiiy within buffers, Waters of the United States, or Waters oi tne Stjte. Any imfact! to wetlands, streams and buffers must comply wiih 404/401 regulations, water supply regulations (15A NCAC 28 .0216), applicable buffer rules, and any other required federal, state an-d local regulations. Pjeas! be awaie thqt even if no direct impacts are Proposed to any protected buffers, sheet flow of all new stormwater runoff as per 15A NCAC 28 .0250 is required. Landowners or affected pariies that dispute a determlnation made by the DWQ or Delegated Local Authority thai a surface water exists and that it is subject to the mitigation rules may rcquest a determination by the Director' A request for a determination by the Director shill be referred to the Director in writing c/o Brian Wrenn' DWQ 401 Transportation Permitting Unit, .1650 lviail Service Center, Raleigh, NC 27699-1650, lvloorcsvjlle Regional Oflice Location: 610 East Center Ave., Suite 301 N4ooresville, NC 281 15 Phonq (704) 663J699\Fax: (704)663{040 \ Customer Service: 1-877623'6748 Intemel wr.$/,nc{aterquality.otg An Equal Opporlunily \ Affm ve kllon Employel - 50% Recycl€d/10?6 Post Co|^Eumff paper NSlirrcarotina Natura/ly Catr Cindy e TWO rndividuars that dispute a determination bv the DwQ or D:59:111i"^:fllxll::y.t:il;:X"#fi;lr:f;:""il:l"J,i'i"T"T"fttl#$"lqi{d$:.itffi #$":ili}:i,':ti,},;*n:*i:"{*Tt';n"*.l*l}I*di; li*: ::m*m"*:l'i"t1lt"'ilifi1ilt *ird partv appears are made in a timerv manner' Toaskforahearing,sendawnttenpeiition'whichconformstoctlapterl5oBofiheNorihcaro|inaGenera|Statutesto theoffioeorAdministrativeHearing{?}il#ti"+;;;C;;i.r,i"i"ign,N.c.z76ss-6714 Thisdeterminationisfinal il;i;;l"s unless you ask for a hearing within 60 davs' IfyouhaveanyaddiiionalquestionSorrequjreadditionalinformationpleasecontactPollyLespinasseat(704)663-1699. Steve Lund, USACE Asheville Field OfRce il"i" el"itty, owQ Transportation Permitting Unii File CopY '{"1\' <-r'? r j#"^CL'"2 #::"tt.,[85," e ctio n KEonats u perv I sor