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HomeMy WebLinkAbout20211320 Ver 1_ePCN Application_20210903 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#* 20211320 1 Is a payment required for this project?* (7 No payment required ✓ Fee received Reviewing Office* ✓ Fee needed-send electronic notification Wilmington Regional Office-(910)796-7215 Select Project Reviewer* Hannah Sprinkle:eads\hhsprinkle Information for Initial Review la.Name of project: BR-0160 Geotechnical Investigations 1a.Who is the Primary Contact?* Mason Herndon lb.Primary Contact Email:* 1c.Primary Contact Phone:* tmherndon@ncdot.gov (910)341-2036 Date Submitted 9/3/2021 Nearest Body of Water Calabash River Basin Lumber Water Classification SA HQW Site Coordinates Latitude: Longitude: 33.889623 -78.549428 A. Processing Information County(or Counties)where the project is located: Brunswick 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: BR-060 WBS#(9) 67160.1.1 Pre-Filing Meeting Information Is this a courtesy copy notification?* r Yes r No la.Type(s)of approval sought from the Corps: 17 Section 404 Permit(wetlands,streams and waters,Clean Water Act) 17 Section 10 Permit(navigable waters,tidal waters,Rivers and Harbors Act) Has this PCN previously been submitted?* ✓ Yes C: No lb.What type(s)of permit(s)do you wish to seek authorization? 7 Nationwide Permit(NWP) r Regional General Permit(RGP) I—Standard(IP) 1c.Has the NWP or GP number been verified by the Corps? r Yes C No Nationwide Permit(NWP)Number: 6-Survey Activities NWP Numbers(for multiple NWPS): 1d.Type(s)of approval sought from the DWR: 17 401 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?* C Yes ( No 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? ✓ Yes rNo 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? ✓ Yes C No lh.Is the project located in any of NC's twenty coastal counties? ✓ Yes rNo 1i.Is the project located within a NC DCM Area of Environmental Concern(AEC)? ✓ Yes C No r Unknown 1j.Is the project located in a designated trout watershed? ✓ 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 r 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 5501 Barbados Blvd Address Line 2 (Sty State/Rovince/FOgien Castle Hayne NC Postal/ZZp Code Country 28429 New Hnaover 2e.Telephone Number: 2f.Fax Number: (910)341-2000 2g.Email Address:* tmherndon@ncdot.gov C. Project Information and Prior Project History 1. Project Information lb.Subdivision name: (if appropriate) 1c.Nearest municipality/town: Calabash 2. Project Identification 2a.Property Identification Number: 2b.Property size: N/A N/A 2c.Project Address Street Address N/A Address Line 2 N/A (Sty State/Province/ftion N/A N/A Postal/Zip Code Country N/A N/A 3.Surface Waters 3a.Name of the nearest body of water to proposed project:* Calabash River 3b.Water Resources Classification of nearest receiving water:* SA HOW 3c. What river basin(s)is your project located in?* Lumber 3d.Please provide the 12-digit HUC in which the project is located. 030402080302 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:* Land use is is generally residential,a campground is located in the NE quadrant and a proposed town park in the SW quadrant of Bridge 15. 4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?* r Yes f No r Unknown 4f.List the total estimated acreage of all existing wetlands on the property: 1.7 acres 4g.List the total estimated linear feet of all existing streams on the property: 300 ft 4h.Explain the purpose of the proposed project:* To perform subsurface investigations to determine the foundation design for the proposed bridge replacement 4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:* 11 SPT borings will be performed in the approximate locations shown on the attached site map.Four of the SPT borings will be in the Calabash River.In addition to the four SPT bores proposed within the river(B1-A,B2-A,B3-A and B4-A),there will be three additional bores within a 5-ft radius of the original boring to core the Pee Dee Formation soils making it total of 7 bores within the open waters of the Calabash River and 7 bores along the existing road embankment.Ajack up barge and rubber tire drill rig will be used to conduct the bores. 5.Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* ✓ Yes C- No f Unknown Comments: 5b.If the Corps made a jurisdictional determination,what type of determination was made?* C: Preliminary r Approved r Not Verified r Unknown f N/A Corps AID Number: SAW-2021-00593 5c.If 5a is yes,who delineated the jurisdictional areas? Name(if known): Rob Crowther Agency/Consultant Company: Carolina Ecosystems Inc Other: 5d.List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 3/25/2021 6. Future Project Plans 6a.Is this a phased project?* C Yes P 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 r Streams-tributaries r Buffers 17 Open Waters r Pond Construction 4. Open Water Impacts 4a. Site# 4a1.Impact Reason 4b.Impact type 4c.Name of waterbody 4d.Activity type 4e.Waterbodytype 4f.Impact area 1 7-8"bores T Calabash River Other Estuary 0.01 4g.Total temporary open water Impacts: 4g.Total permanent open water impacts: 0.01 0.00 4g.Total open water impacts: 0.01 4h.Comments: 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: The number of bores to be conducted minimized to the MEP.A"jack up barge"will be used for in-water bores to prevent barge from resting on the bottom during fluctuating tides. lb.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Equipment will be checked daily to ensure that there are no leaks of hydraulic fluids,oils or other pollutants 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 f No 2b.If this project DOES NOT require Compensatory Mitigation,explain why: No permanent impacts 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 ( No If no,explain why: Buffer rules do not apply to the Lumber River basin. 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 ( No Comments:* Document will be prepared wfien proposed bridge design has a approved preliminary design. 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. 4.Sewage Disposal(DWR Requirement) 4a.Is sewage disposal required by DWR for this project?* ✓ Yes ( 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?* ( 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. Raleigh 5d.Is another Federal agency involved?* ( Yes r No r Unknown What Federal Agency is involved? FHWA,NOAA 5e.Is this a DOT project located within Division's 1-8? ( Yes r No 5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS IPAC database,Field Surveys 6. Essential Fish Habitat(Corps Requirement) 6a.Will this project occur in or near an area designated as an Essential Fish Habitat?* ( Yes CNo Are there submerged aquatic vegetation(SAV)around the project vicinity?* ✓ Yes ( No r Unknown 6b.What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* Consulted with NOAA NMFS in Morehead City. 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?* HPO database 8. Flood Zone Designation(Corps Requirement) 8a.Will this project occur in a FEMA-designated 100-yearfloodplain?* ( Yes rNo 8b.If yes,explain how project meets FEMA requirements: This temporary activity will not have any changes in the permanent flood elevations. 8c.What source(s)did you use to make the floodplain determination?* FEMA FIS/Field Observations 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 drcp files here to attach document BR-0160_Brunswick_NW 6_Application.pdf 8.01MB Rle mist be AT or ME Comments Fritz Rhode @ NOAA NMFS has determined that this work will have no detrimental effect on essential fish habitat.It has been determined that there is no sturgeon habitat in the project area.Habitat is present for work stork so an MA-NLAA effect is anticipated the USFWS PBE will be applicable.The NLEB is also listed in Brunswick County therefore the NLEB PBO determination of MA-LAA is anticipated and the PBO will be applicable to the project.A determination of MA-NLAA is anticipated for the West Indian Manatee,NCDOT will implement "Guidelines for Avoiding Impacts to the West Indian Manatee,Precautionary Measures for Construction Activities in North Carolina Waters"during work for this project.A"No Effect" determination is proposed for all other list species within the project study area based on field surveys findings of no suitable habitat. Attached is an application cover letter and aerial map of the bore locations. Signature * 17 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: Mason Herndon Signature Date 9/3/2021