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HomeMy WebLinkAbout20210593 Ver 1_ePCN Application_20211012 t DWR Dlrlslon 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?* r Yes r No Is this project a public transportation project?* r Yes r No Change only if needed. BIMS#Assigned* Version#* 20210593 1 Is a payment required for this project?* r No payment required r Fee received Reviewing Office* r 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: BR-0032 Replacement of Bridge No.84 on NC 209 over Meadow Fork la.Who is the Primary Contact?* NCDOT 1b.Primary Contact Email:* 1c.Primary Contact Phone:* jhemphill@ncdot.gov (919)219-8581 Date Submitted 10/12/2021 Nearest Body of Water Meadow Fork Basin French Broad Water Classification C;Tr;ORW Site Coordinates Latitude: Longitude: 35.83071 -82.86113 A. Processing Information County(or Counties)where the project is located: Madison Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No Is this a NCDOT Project?* r Yes r No (NCDOT only)T.I.P.or state project number: BR-0032 WBS#M 67032.1.1 Pre-Filing Meeting Information Is this a courtesy copy notification?* r Yes r No ID# Version 20210593 1 Pre-fling Meeting or Request Date 3/20/2021 Attach documentation of Pre-Filing Meeting Request here: pick the upload button or drag and drop files here to attach document BR-0032 2021-03-20 Pre Filing Meeting Documents.pdf 140.8KB File type rust be FCF 1a.Type(s)of approval sought from the Corps: W 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?* r Yes IT No 1b.What type(s)of permit(s)do you wish to seek authorization? r Nationwide Permit(NWP) W Regional General Permit(RGP) r Standard(IP) 1c.Has the NWP or GP number been verified by the Corps? r Yes r No Regional General Permit(RGP)Number: 201902350-Work associated with bridge construction,widening,replacement,and interchanges RGP Numbers(for multiple RGPS): 1d.Type(s)of approval sought from the DWR: W 401 Water Quality Certification-Regular r 401 Water Quality Certification-E)press 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 DWR401 Certification: r Yes IT No For the record onlyfor Corps Permit: r Yes r No 1f.Is this an after-the-fact permit application?* r Yes r No 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? r Yes r No 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? r Yes r No 1h.Is the project located in any of NC's twenty coastal counties? r Yes r No 1j.Is the project located in a designated trout watershed? r Yes r No B. Applicant Information Ild.Who is applying for the permit? F Owner W Applicant(other than owner) le.Is there an Agent/Consultant for this project?* r Yes r No 2.Owner Information 2a.Name(s)on recorded deed: N/A 2b.Deed book and page no.: 2c.Contact Person: 2d.Address Street Address N/A Address tine 2 N/A City State/province/Fagion N/A WA Postal/Zip Code Country NA WA 2e.Telephone Number: 2f.Fax Number: (919)707-6123 2g.Email Address:* pharris@ncdot.gov 3.Applicant Information(if different from owner) .......... 3a.Name: NCDOT 3b.Business Name: 3c.Address Street Address 1598 Mail Service Center Address tine 2 Cty State/province/Region Raleigh NC Postal/Zip(ode Country 27699-1598 United States 3d.Telephone Number: 3e.Fax Number: (919)707-6110 3f.Email Address:* pharris@ncdot.gov C. Project Information and Prior Project History O 1. Project Information 1b.Subdivision name: (d appropriate) 1c.Nearest municipality/town: Hot Springs 2.Pro Project Identification 2a.Property Identification Number: 2b.Property size: 2c.Project Address Street Address Address tine 2 (Sty State/province/Fbgion Postal/Zip Code Country 3.Surface Waters 3a.Name of the nearest body of water to proposed project:* Meadow Fork 3b.Water Resources Classification of nearest receiving water:* C;Tr;ORW 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. 060101051202 4. Project Description and History 4a.Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:* Bridge No.560084 is 41'steel deck with I-beams that was built in 1938 and reconstructed in 1987.Land use is primarily undeveloped forestland with scattered residential dwellings. 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 4g.List the total estimated linear feet of all existing streams on the property: 100, 4h.Explain the purpose of the proposed project:* The purpose of the proposed project is to remove a structurally deficient bridge.Bridge No.560084 was built in 1938 and reconstructed in 1987.It is 41ft long,carries two lanes,and has a clear roadway with of 19.4 feet.NCDOT Structures Management Unit records indicate Bridge No.560084 currently has a sufficiency rating of 49.11 out of a possible 100 for a new structure.The bridge is considered structurally deficient due to a superstructure and substructure condition appraisal of 4 out of 9 according to Federal Highway Administration standards.The bridge also meets the criteria for functionally obsolete due to a deck geometry appraisal of 3 out of 9. 41.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:* Bridge No.560084 is 41'steel deck with I-beams that will be replaced with a 70'single span,core slab bridge.The new bridge will be stage-constructed,and the eAsting bridge will be removed in phases.Traffic will be maintained onsite during the stage-construction.Standard road and bridge building equipment such as trucks,dozers,and cranes will be used. 5.Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No 6 Unknown Comments: 5b.If the Corps made a jurisdictional determination,what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: 5c.If 5a is yes,who delineated the jurisdictional areas? Name(if known): Nathan Howell Agency/Consultant Company: Three Oaks Other: 6. Future Project Plans 6a.Is this a phased project?* r Yes r 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 projector related activity? D. Proposed Impacts Inventory 1. Impacts Summary la.Where are the impacts associated with your project?(check all that apply): r Wetlands W Streams-tributaries r Buffers r Open Waters r Pond Construction 3.Stream Impacts ❑3a.Reason for impact(?) 3b.lmpact type* 3c.Type of impact* 3d.S.name* 3e.Stream Type* 3f.Type of 3g.S.width* 3h.Impact (?) Jurisdiction* length* fl Temporary construction Temporary Other Meadow Fork Perennial Both 45 56 Average(feet) (lir�rfeet) 31.Total jurisdictional ditch impact in square feet: 0 3i.Total permanent stream impacts: 3i.Total temporary stream impacts: 0 56 3i.Total stream and ditch impacts: 56 3j.Comments: The temporary construction impacts are for bridge demolition and construction due to the close proximity of the old structure and the water's edge. 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 proposed bridge collects bridge runoff with one TB 2GI without deck drains and outlets on the left shoulder prior to where the bridge begins.Rip- rap pads will be utilized at each outlet to dissipate flow and minimize erosion.Rip-rap will be placed from the outlet to the embankment to the top of bank to avoid stream impacts.The proposed bridge maintains the existing level of service with a single span bridge.Existing vertical abutments are being retained below excavation to minimize stream impacts.Retaining wells were utilized to avoid and minimize impacts from fill slopes. 1b.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Best Management Practices will be adhered to. 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? r Yes r No 2b.If this project DOES NOT require Compensatory Mitigation,explain why: There are no permanent impacts to streams 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? r Yes r 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?* r 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?* r Yes r No 1b.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(NEP/USEPA)?* r Yes r No 1c.If you answered"yes"to the above,has the document review been finalized bythe State Clearing House?* r Yes r 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)?* r Yes r No 3. Cumulative Impacts(DWR Requirement) 3a.Will this project result in additional development,which could impact nearby downstream water quality?" r Yes r No 3b.If you answered"no,"provide a short narrative description. Due to the minimal transportation impact resulting from this bridge replacement,this project will neither influence nearby land uses nor stimulate growth.Therefore,a detailed indirect or cumulative effects study will not be necessary. 4.Sewage Disposal(DWR Requirement) 4a.Is sewage disposal required by DWR for this project?* r Yes r 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?* r Yes f No 5b.Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c.If yes,indicate the USFWS Field Office you have contacted. Asheville 5d.Is another Federal agency involved?* r Yes r No r Unknown What Federal Agency is involved? Federal Highway Administration 5e.Is this a DOT project located within Division's 1-8? r Yes r No 5f.Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g.Does this project involve bridge maintenance or removal? r Yes r No 5g(1).If yes,have you inspected the bridge for signs of bat use such as staining,guano,bats,etc.? r Yes r No If you answered"Yes"to 5g(1),did you discover any signs of bat use? r Yes r No r Unknown 5h.Does this project involve the construction/installation of a wind turbine(s)?` r Yes r No 51.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.? r Yes r No 5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? IPAC(9/28/2021)lists two bat species for the project area.A bat memo issued September 8,2021 state no suitable for roosting was observed on the bridge and no evidence(bats,staining,and guano)of bats was observed.No mines or caves were detected in the project area.Bridge No.84 is approArnately 18 miles to the nearest red HUC.On June 5,2021,W5 biologists assessed bridge No.84 for potential gray bat habitat.No crevices suitable for roosting were present.No evidence of bats(bats,staining,or guano)was observed.Bridge No.84 was previously surveyed in 2018 by NCDOT biologists..One abandoned structure is located in the project footprint.This structure had a collapsed roof and is well ventilated offering few roosting opportunities for bats.Based on the bridge type,and the lack of caves or mines in the project vicinity,the proposed project will have a biological conclusion of No Effect for gray bats,and 4(d)compliance for NLEB.The USFWS replied via email on 10/12/2021 indicating,"We do not have any concerns with your 4(d)conclusion." 6. Essential Fish Habitat(Corps Requirement) 6a.Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b.What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* Review of on-line mapping sources 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?* r Yes r No 7b.What data sources did you use to determine whether your site would impact historic or archeological resources?* CE,State Historical Preservation Office Memo,Archaeology Memo and Tribal Coordination. 8. Flood Zone Designation(Corps Requirement) 8a.Will this project occur in a FEMA-designated 100-year flood plain?* r Yes r No 8b.If yes,explain how project meets FEMA requirements: This project involves construction activities on or adjacent to FEMA-regulated stream(s). Therefore,the Division shall submit sealed as-built construction plans to the Hydraulics Unit upon completion of project construction,certifying that the drainage structure(s)and roadway embankment that are located within the 100-year floodplain were built as shown in the construction plans,both horizontally and vertically. The Hydraulics Unit will coordinate with the NC Floodplain Mapping Program(FMP),to determine status of 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. Cick the upload button or drag and drop files here to attach document BR-0032 Final Permit Drawings.pdf 3.32MB BR-0032 2019-08-26 CE.pdf 2.6MB BR-0032 Madison 84_NoArchSurveyReq.pdf 10.37MB BR-0032 Madison 84_NoHistPropPres.pdf 1.41MB BR-0032 Madison 84_CIAReport.pdf 3.51MB BR-0032_Tribal_Coordination_Letter_Catawba_12-04-2019.pdf 2.73MB BR-0032_Tribal_Coordination_Letter_Muscogee_12-04-2019.pdf 2.73MB BR-0032_Tribal_Coordination_Letter_United_KeetOOwah_BCI_12-04-2019.pdf 2.78MB BR-0032_Tribal_Coordination_Letter_Cherokee_Nation_12-04-2019.pdf 2.73MB Tribal Response_Cherokee Nation_01-14-20_NCDOT COR BR-0032 Bridge 84 Replacement.pdf 215.78KB Tribal Response Catawba.pdf 663.51 KB BR-0032 Madison County NLEB,MYGR.doc.pdf 230.68KB BR-0032 Perrmit Application Cover Letter.pdf 298KB File rrust be FDF or KVR Comments Approximately 0.06 acre of trees will be cut for this project.Percussive activities may be involved in bridge demolition and construction. The North Carolina Wildlife Resources Commission(NCWRC)identifies Meadow Fork as hatchery supported trout waters. Therefore,an in-stream moratorium from October 15 to April 15 Design Standards for Sensitive Watersheds will implemented for this project. Signature C^U * ®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: Michael Anthony Turchy Signature �� T Date 10/12/2021