HomeMy WebLinkAbout20211241 Ver 1_ePCN Application_20210919 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#*
20211241 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:
B-3186 and B-5898 Intersection and Bridges
1a.Who is the Primary Contact?*
Dave McHenry
lb.Primary Contact Email:* 1c.Primary Contact Phone:*
dgmchenry@ncdot.gov (828)586-2141
Date Submitted
9/19/2021
Nearest Body of Water
Richland Creek
Basin
French Broad
Water Classification
B
Site Coordinates
Latitude: Longitude:
35.518404 -82.967715
A. Processing Information
County(or Counties)where the project is located:
Haywood
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:
B-3186 and B-5898
WBS#(?)
38332.1.FS1 and 48030.1.FS1
Pre-Filing Meeting Information
Is this a courtesy copy notification?*
✓ Yes G No
ID# Version
Pre-fling Meeting or Request Date
8/13/2021
Attach documentation of Pre-Filing Meeting Request here:
Click the upload button or drag and drop files here to attach docurrent
B-3186_B-5898_pre-filing.pdf 54.53KB
Pie type rust 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?
r Nationwide Permit(NWP)
fJ Regional General Permit(RGP)
r Standard(IP)
1c.Has the NWP or GP number been verified by the Corps?
G Yes r 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:
[7 401 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?
✓ Yes f 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 f 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?
7 Owner r Applicant(other than owner)
le.Is there an Agent/Consultant for this project?*
✓ Yes rNo
2.Owner Information
2a.Name(s)on recorded deed:
NCDOT Division 14
2b.Deed book and page no.:
2c.Contact Person:
Dave McHenry
2d.Address
Street Address
253 Webster Road
Address Line 2
aty State/Province/Region
Sylva NC
Postal/Zip Cafe Country
28779 USA
2e.Telephone Number: 2f.Fax Number:
(282)586-2141
2g.Email Address:*
dgmchenry@ncdot.gov
C. Project Information and Prior Project History C^U
1. Project Information
1b.Subdivision name:
(if apprgxiate)
1c.Nearest municipality/town:
Waynesville
2. Project Identification
2a.Property Identification Number: 2b.Property size:
2c.Project Address
Street Address
Address Line 2
Qly State/Province/Region
Postal/Zip Code Country
3.Surface Waters
3a.Name of the nearest body of water to proposed project:*
Richland Creek
3b.Water Resources Classification of nearest receiving water:*
B
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.
060101060300
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 site is the existing infrastructure for interchange of US 23,74,19 and bridges 430107,430110,430155,430158,and 430168 in Haywood County.General land use is developed
urban interspersed with scattered residences.
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:
0.1
4g.List the total estimated linear feet of all existing streams on the property:
3000
4h.Explain the purpose of the proposed project:*
The project purpose is to replace deteriorating bridges and also modify an existing unsafe highway interchange.
4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:*
The project involves constructing a detour bridge across Richland Creek and temporarily piping a UT to Richland Creek for a detour.Then traffic will be switched in stages at the US
23/74/19 interchanged while 5 bridges are replaced and/or widened.Cranes,track-hoes,dump truck,bull-dozers and other conventional heavy construction equipment will be used.
5.Jurisdictional Determinations
5a.Have the wetlands or streams been delineated on the property or proposed impact areas?*
6 Yes r No 6 Unknown
Comments:
5b.If the Corps made a jurisdictional determination,what type of determination was made?*
C' Preliminary r Approved C Not Verified r Unknown fz N/A
Corps AID Number:
5c.If 5a is yes,who delineated the jurisdictional areas?
Name(if known): Sara Easterly
Agency/Consultant Company: HDR
Other:
6. Future Project Plans
6a.Is this a phased project?*
CYes 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
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 dewatering Temporary Dewatering Richland Creek Perennial Both 50 165
Average(feet) (linear feet)
32 temp bridge Temporary Dewatering Richland Creek Perennial Both 50 94
Average(feet) (linear feet)
S3 detour(SA) Temporary Dewatering UT Richland Creek Perennial Both 5 32
Average(feet) (linear feet)
S4 stabilization(SA) Permanent Stabilization UT Richland Creek Perennial Both 5 1,169
Average(feet) (linear feet)
3i.Total jurisdictional ditch impact in square feet:
0
3i.Total permanent stream impacts: 3i.Total temporary stream impacts:
1,169 291
3i.Total stream and ditch impacts:
292
3j.Comments:
The stabilization design has been discussed previously with Corps and DEQ representatives.
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 large permanent impact has been modified in consultation with Corps and DEQ to provide some uplift of the poor quality affected stream following
removal of the temporary impacts.Also,the new paired bridges over Richland Creek will completely span the creek and have a larger hydraulic
capacity that the existing.Stormwater discharge from the new bridges will not go directly to surface waters.
lb.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Excavation will be avoided in flowing water.Effective sediment and erosion controls will be used to minimize off-site impacts.
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 (c No
2b.If this project DOES NOT require Compensatory Mitigation,explain why:
The permanent impacts will not cause a loss and the remaining impact will provided some uplift,including improved water quality and reduced scour.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) L)
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:
The project is not in applicable area.
2.Stormwater Management Plan
2a.Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
a Yes r No
Comments:
The project will comply with the permit and be subject to periodic inspections/oversight.
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 C 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:*
This project qualified for a federal CE that was signed on Sep 17,2021.
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 f 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.
This project is not a linear transportation project that will allow development of surrounding areas or open access to currently undeveloped areas.
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?*
rz Yes ( No
5b.Have you checked with the USFWS concerning Endangered Species Act impacts?*
✓ Yes r No
5c.If yes,indicate the USFWS Field Office you have contacted.
Asheville
5d.Is another Federal agency involved?*
(' Yes r No r Unknown
What Federal Agency is involved?
FHWA
5e.Is this a DOT project located within Division's 1-8?
✓ Yes a 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?
a 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?
a Yes r No r Unknown
5h.Does this project involve the construction/installation of a wind turbine(s)?*
✓ Yes r 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.?
a Yes r No
5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Site surveys and available NHP data.A brown bat colony was found on bridge 107.
6. Essential Fish Habitat(Corps Requirement)
6a.Will this project occur in or near an area designated as an Essential Fish Habitat?*
✓ Yes r No
6b.What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NMFS website
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?*
The project was reviewed under the PA agreement with the Corps.The determination was also coordinated with the 5 federally recognized tribes.
Correspondence is included in the application.
8. Flood Zone Designation(Corps Requirement)
8a.Will this project occur in a FEMA-designated 100-year floodplain?*
✓ Yes rNo
8b.If yes,explain how project meets FEMA requirements:
The project was coordinated with NC Floodplain Management and is covered by the MOA for NCDOT projects.The project will not necessitate a
CLOMR.
8c.What source(s)did you use to make the floodplain determination?*
Consultant submittals and NC Floodmaps
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.
pick the upload button or drag and drop files here to attach docurrent
21-333_NCDOT_Informal_5 Bridge Replacement Improvement B-3186 B-5898_HaywoodCo_FINAL(1).pdf 371.23KB
AR17-06-0001 Revisednosurvey.pdf 2.64MB
B-3186_B-5898_02_Topographic_Map.pdf 1.6MB
B-3186_B-5898_GP 50 Cover and Sec 106 Sec 7 Summary.pdf 359.98KB
B-3186_B-5898_Muscogee Comments.pdf 69.32KB
B-3186_B-5898 pJD signed.pdf 21.16MB
B3186-B5898_Permit Drawings_20210512_SA labels added Sep 19 21.pdf 25.13MB
B-5898 and B-3186_NCDOT_Haywuod_Tribal 106 Report Transmittal.pdf 3.24MB
B-5898B-3186AssessmentofEffects.pdf 1.5MB
Farmland Classification_B-3186,B-5898 soils.pdf 367.76KB
Rle rust be FIT or KMQ
Comments
Signature
®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:
Dave McHenry
Signature
Date
9/19/2021