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HomeMy WebLinkAbout20211041 Ver 1_ePCN Application_20210804 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#* 20211041 1 Is a payment required for this project?* ✓ No payment required Reviewing Office* (7 Fee received Winston-Salem Regional Office-(336)776- ✓ Fee needed-send electronic notification 9800 Select Project Reviewer* Dave Wanucha:eads\djwanucha Information for Initial Review la.Name of project: Ashe 273 bridge replacement 1a.Who is the Primary Contact?* NCDOT Division 11 Kevin Hining lb.Primary Contact Email:* 1c.Primary Contact Phone:* kjhining@ncdot.gov (828)386-7202 Date Submitted 8/4/2021 Nearest Body of Water Big Horse Creek Basin New Water Classification C:HQW Site Coordinates Latitude: Longitude: 36.496530 -81.509094 A. Processing Information County(or Counties)where the project is located: Ashe 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: B-4016 WBS#(?) 17BP.11.R.145 Pre-Filing Meeting Information Is this a courtesy copy notification?* ✓ Yes G No ID# Version 20211041 1 Pre-fling Meeting or Request Date 6/25/2021 Attach documentation of Pre-Filing Meeting Request here: Click the upload button or drag and drop files here to attach document 20211041 Ver 1_Pre-Filing Review Complete Email_20210726.pdf 378.03KB Re type crust be FCF 1a.Type(s)of approval sought from the Corps: I7 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 lb.What type(s)of permit(s)do you wish to seek authorization? fJ Nationwide Permit(NWP) n Regional General Permit(RGP) n Standard(IP) 1c.Has the NWP or GP number been verified by the Corps? ✓ Yes 6 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 n 401 Water Quality Certification-Express n Non-404 Jurisdictional General Permit n 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: 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 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? n Owner 17 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-Kevin Hining Div 11 DEO 2b.Deed book and page no.: 2c.Contact Person: 2d.Address Street Address 801 Statesville HWY Address Line 2 C1ty State/Province/Region North Wilkesboro NC Postal/Zip Cork Country 28659 USA 2e.Telephone Number: 2f.Fax Number: (828)386-7202 2g.Email Address:* kjhining@ncdot.gov 3.Applicant Information(if different from owner) 3a.Name: NCDOT Division 11 Kevin Hiving 3b.Business Name: NCDOT 3c.Address Street Address 801 Statesville Hwy Address Line 2 City State/Province/Region North Wilkesboro NC Postal/Zip Code Country 28659 USA 3d.Telephone Number: 3e.Fax Number: (828)386-7202 3f.Email Address:* kjhining@ncdot.gov C. Project Information and Prior Project History 1. Project Information lb.Subdivision name: (if appropriate) 1c.Nearest municipality/town: Lansing 2. Project Identification 2a.Property Identification Number: 2b.Property size: 2c.Project Address Street Address Address Line 2 C,ty Slate/Province/Region Fbstal/Zip Code Country 3.Surface Waters 3a.Name of the nearest body of water to proposed project:* Big Horse Creek 3b.Water Resources Classification of nearest receiving water:* C:HOW 3c. What river basin(s)is your project located in?* New 3d.Please provide the 12-digit HUC in which the project is located. 050500010105 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 existing bridge is a single span low water bridge.The streambanks in the vicinity of the bridge are a mix of previously armored(rip rap and concrete)sections,with eroding areas in need of stabilization.The streambanks have few trees,are routinely mowed,and have a high density of invasive Japanese knotweed.Land use is a mix of commercial businesses/downtown Lansing,and residential. 4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?* ✓ 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: 500'perennial 4h.Explain the purpose of the proposed project:* Replace the existing single lane low water bridge on SR 1347(Teaberry Rd.)with a two lane structure that spans above the 100YR water surface elevation.The new structure will be located just upstream of the existing structure removing the need for a detour on the project.The proposed structure is a three span bridge with no piers in the water and spill through abutments.Deck drains have been proposed in the overbank areas to reduce spread on the bridge,but will not discharge directly into Big Horse Creek.Existing drainage structures and roadside ditches will be utilized where possible.In some locations along the-L-line,grassed shoulders will be widened to aide in removing contaminants from the runoff.Bank stabilization is proposed along the banks of Big Horse Creek to prevent future erosion of the banks.Also,a pipe carrying a tributary of Big Horse Creek in the project area will be replaced with another pipe,on a slightly different alignment,but no new footage of the UT will be piped. 4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:* The only permanent jurisdictional impacts proposed will be from bank stabilization.A pipe on a tributary within the work area will be replaced at a different alignment,but no new stream footage will be piped.The new pipe will be installed and then the stream will be turned into it before removing the old pipe.While no new permanent impacts from this pipe replacement will occur,we have requested 10'of temporary impacts in the form of dewatering,for construction of the new headwall and removal of the old headwall.The erosion control measures have been improved to fulfill the design standards for sensitive watershed requirements.Standard road and bridge building equipment will be used during the projects such as trucks, track hoes,and cranes. 5.Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* 6 Yes r No C Unknown Comments: 5b.If the Corps made a jurisdictional determination,what type of determination was made?* ✓ Preliminary r Approved 6 Not Verified r Unknown r N/A Corps AID Number: 5c.If 5a is yes,who delineated the jurisdictional areas? Name(if known): Kate Monteith Agency/Consultant Company: The Catena Group Other: TGS Engineers 6. Future Project Plans 6a.Is this a phased project?* ✓ Yes f 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? No 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* S1 bank stabilization Permanent Bank Stabilization Big Horse Creek Perennial Both 30 197 Average(feet) (linear feet) S2 pipe replacement Temporary Dewatering UT of Big Horse Creek Perennial Both 1 10 Average(feet) (linear feet) 3i.Total jurisdictional ditch impact in square feet: 0 3i.Total permanent stream impacts: 3i.Total temporary stream impacts: 197 10 3i.Total stream and ditch impacts: 207 3j.Comments: The erosion control measures have been improved to fulfill the design standards for sensitive watershed requirements. 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 existing bridge will remain in place during construction,preventing the need for a detour.All work will be done in the dry,and no direct discharge of sediment will occur into Big Horse Creek or the UT on the project site.The erosion control measures have been improved to fulfill the design standards for sensitive watershed requirements. lb.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All Best Management Practices will be adhered to.The erosion control measures have been improved to fulfill the design standards for sensitive watershed requirements. 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? C Yes No 2b.If this project DOES NOT require Compensatory Mitigation,explain why: No permanent impacts to the streambed/no loss of stream footage.The pipe on the UT on the project will be replaced without any loss of stream footage,and only 10'of temporary impacts are needed for dewatering. 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? CYes ( 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 CNo Comments: NPDES inspections and reports will be conducted weekly and within 24 hours of any 1"rain event.Reports will be housed on site for review. 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 lc.If you answered"yes"to the above,has the document review been finalized by the State Clearing House?* ( Yes C No 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 6- No 3. Cumulative Impacts(DWR Requirement) 3a.Will this project result in additional development,which could impact nearby downstream water quality?* ✓ Yes 6- 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 6' Nor 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?* 6 Yes r No 5b.Have you checked with the USFWS concerning Endangered Species Act impacts?* ✓ Yes (7 No 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.? 6' 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 r No r Unknown 5h.Does this project involve the construction/installation of a wind turbine(s)?* ✓ Yes 6- 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.? s Yes r No 5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural Heritage Program and USFWS IPaC 6. Essential Fish Habitat(Corps Requirement) 6a.Will this project occur in or near an area designated as an Essential Fish Habitat?* ✓ Yes 6. 6b.What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA 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 f No 7b.What data sources did you use to determine whether your site would impact historic or archeological resources?* NC State Historical Preservation Organization and NCDOT architecture and archaeology staff 8. Flood Zone Designation(Corps Requirement) 8a.Will this project occur in a FEMA-designated 100-year floodplain?* 6 Yes r No 8b.If yes,explain how project meets FEMArequirements: NCDOT Hydraulic Design Unit will coordinate with the NC Floodplain Mapping Program(FMP)to determine the status of the project with regard to applicability of NCDOT'S Memorandum of Agreement,or approval of a Conditional Letter of Map Revision(CLOMR)and subsequent final Letter of Map Revision(LOMR). 8c.What source(s)did you use to make the floodplain determination?* FEMA flood maps 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. aick the upload button or drag and drop files here to attach docummnt Ashe 273 No NRHP sites.pdf 2.36MB Ashe 273 B-4016 No NRHP sites.pdf 2.36MB Cherokee Nation Ashe#273 notification.pdf 53.76KB EBCI Ashe#273 notification.pdf 118.14KB Muskogee Ashe#273 notification.pdf 53.59KB UKB Ashe#273 notification.pdf 53.74KB Ashe 273-Catawba Response.pdf 341.82KB Ashe 273-Cherokee Nation response.pdf 215.79KB B-4016 Ashe County updated bat memo.pdf 131.17KB No moratorium required-Ashe 273.pdf 126.29KB Ashe 273 Permit Drawings Final.pdf 2.22MB Ashe 273 PCN letter.pdf 173.25KB MCDC Ashe 273 B-4016.pdf 2.47MB Ashe 273 IPaC_Explore Location results.pdf 251.46KB Ashe 273 photos.pdf 2.6MB Rle mist be FIT or INK Comments 1)Attached are the tribal letters and responses that were received,as well as the NCDOT Architecture and Archaeology review. 2)Attached are the permit drawings and a PCN letter,as well as an MCDC. 3)The project was reviewed using the USFWS IPaC program(results attached),which provided a list of Federally endangered and threatened species that could be in the project area. A review of those species is found within the PCN letter.A bat memo from NCDOT Biological surveys unit is attached,so supplement that bat related information in the PCN. 4)Attached is an email from WRC indicating that no trout moratorium is required. 5)I have attached a PDF containing photos of the existing bridge and concrete abutments(an example of existing bank armoring),a couple of rip rap examples of existing bank armoring at the site(I can provide more if needed),and a photos of the existing perched pipe outlet for the UT pipe that we plan to replace. Signature * 7 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: Kevin Hining Signature Date 8/4/2021