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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