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HomeMy WebLinkAbout20211336 Ver 1_Pre-Construction Notification (PCN) Form_20211104 DW R mrlsloa of Water Resources Pre-Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1,2021 Ver 4.1 Please note:fields marked with a red asterisk*below are required. You will not be able to submit the form until all mandatory questions are answered. Also,if at any point you wish to print a copy of the E-PCN,all you need to do is right-click on the document and you can print a copy of the form. Below is a link to the online help file. hftps:Hedoes.deq.nc.gov/WaterResources/0/edoc/624704/PCN%2OHelp/2OFile/202018-1-30.pdf A. Processing Information County(or Counties)where the project is located:* Watauga Is this a NCDMS Project* Yes No Click Yes,only if NCDMS is the applicant or co-applicant. Is this project a public transportation project?* Yes No This is any publicly funded by municipal,state or federal funds road,rail,airport transportation project. Is this a NCDOT Project?* Yes No (NCDOT only)T.I.P.or state project number: B-5979 WBS#* 47431.1.1 (for NCDOT use only) la.Type(s)of approval sought from the Corps: Section 404 Permit(wetlands,streams and waters,Clean Water Act) Section 10 Permit(navigable waters,tidal waters,Rivers and Harbors Act) Has this PCN previously been submitted? Yes No 1 b.What type(s)of permit(s)do you wish to seek authorization? Nationwide Permit(NWP) Regional General Permit(RGP) Standard(IP) 1c.Has the NWP or GP number been verified by the Corps?* Yes No Nationwide Permit(NWP)Number: 13-Bank Stabilization Nationwide Permit(NWP)Number: 33-Temporary Construction NWP Numbers(for multiple NWPS): List all NW numbers you are applying for not on the drop down list. 1d.Type(s)of approval sought from the DWR: check all that apply 401 Water Quality Certification-Regular 401 Water Quality Certification-Express Non-404 Jurisdictional General Permit Riparian Buffer Authorization Individual 401 Water Quality Certification Pre-Filing Meeting Information Before submitting this form please ensure you have submitted the Pre-Filing Meeting Request Form as we will not be able to accept your application without this important first step.The Pre-Filing Meeting Request Form is used in accordance with 40 C.F.R.Section 121.4(a)"At least 30 days prior to submitting a certification request,the project proponent shall request a pre-filing meeting with the certifying agency"and in accordance with 40 C.F.R.Section 121.5(b)(7),and(c)(5)all certification requests shall include documentation that a pre-filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request.Click here to read more information on when this form is needed prior to application submission or here to view the form. Is this a courtesy copy notification?* Yes No ID# Version 20211336 1 Pre-fling Meeting or Request Date* 9/9/2021 Attach documentation of Pre-Filing Meeting Request here: Click the upload button or drag and drop files here to attach document 20211336 Ver 1—Meeting Request Review_20210909.pdf 456.6KB File type must be PDF le.Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: Yes • No For the record only for Corps Permit: Yes • No 1f.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? If so,attach the acceptance letter from mitigation bank or in-lieu fee program. Yes No Acceptance Letter Attachment Click the upload button or drag and drop files here to attach document FILE TYPE MUST BE PDF 1 It.Is the project located in any of NC's twenty coastal counties? Yes No 1j.Is the project located in a designated trout watershed?* Yes No You must submit a copy of the appropriate Wildlife Resource Commission Office. Link to trout information:http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout.aspx B. Applicant Information 1a.Who is the Primary Contact?* Kevin Hining 1 c.Primary Contact Phone: 1 b.Primary Contact Email:* (xxx)xxx-xxxx kjhining@ncdot.gov (828)386-7202 1d.Who is applying for the permit?* Owner Applicant(other than owner) (Check all that apply) 1e.Is there an Agent/Consultant for this project? Yes No 2.Owner Information 2a.Name(s)on recorded deed: Town of Boone 2b.Deed book and page no.: 280/443;553/465;207/743 2c.Contact Person: (for Corporations) Todd Moody 2d.Address* Street Address 567 W King St Address Line 2 City State/Province/Region Boone NC Postal/Zip Code Country 28607 USA 2e.Telephone Number:* (-)--X- (828)268-6200 2f.Fax Number: 2g.Email Address: todd.moody@townofboone.net 2a.Name(s)on recorded deed:* National Guard Armory 2b.Deed book and page no.: 131/197 2c.Contact Person: (for Corporations) Jeffrey Rice,SFC 2d.Address* Street Address 274 Martin Luther King Jr.Street Address Line 2 City State/Province/Region Boone NC Postal/Zip Code Country 28607 USA 2e.Telephone Number:* (-)--X- (828)264-3010 2f.Fax Number: 2g.Email Address:* Jeffrey.d.rice.mii@mail.mil 4.Agent/Consultant(if applicable) 4a.Name:* Carrie Caviness,PhD 4b.Business Name: (if applicable) Interface Environmental Consulting,LLC. 4c.Address* Street Address 476 Hidden Pond Rd Address Line 2 City State/Province/Region Boone NC Postal/Zip Code Country 28607 USA 4d.Telephone Number:* (919)656-4543 4e.Fax Number: (xzx)xxx-xxxx (to«)xxx-xxxx 4f.Email Address:* carrie.caviness.1@gmail.com C. Project Information and Prior Project History U 1.Project Information L^J 1a.Name of project:* B-5979 Hunting Hills Bridge Replacement 1 b.Subdivision name: (if appropriate) Hunting Hills 1c.Nearest municipality/town:* Boone 2.Project Identification L^J 2a.Property Identification Number: (tax PIN or parcel ID) 2b.Property size: 2910746484000,2910749489000, (in acres) 291832776000,2910738447000 19.55 2c.Project Address Street Address Martin Luther King Jr Street Address Line 2 City State/Province/Region Boone NC Postal/Zip Code Country 28607 USA 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees.Use between 4-6 digits(unless you are using a survey-grade GPS device)after the decimal place as appropriate,based on how the location was determined. (For example,most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude:* Longitude:* 36.205130 -81.65021 ex:34,208504 -77.796371 3. Surface Waters 3a.Name of the nearest body of water to proposed project: South Fork New River 3b.Water Resources Classification of nearest receiving water:* C,+ Surface Water Lookup 3c. What river basin(s)is your project located in?* New 3d.Please provide the 12-digit HUC in which the project is located.* Headwaters SFNR(HUC 050500010201) River Basin Lookup 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 Hunting Hills Bridge(#346)is located along the newly named Martin Luther King Jr.drive(SR 1622,formerly Hunting Hills Lane)in Boone,North Carolina.The existing two-lane structure crosses the SFNR and provides the only access(closed loop)to the Hunting Hills neighborhood as well as Town of Boone JOB)Water Intake,aTOB greenway trail,and a commercial business(daycare).Lands to the west of the Bridge are owned by the TOB and include greenway trails and parking access(trailhead);these are maintained lawn as well as riparian forest.Lands to the east of the bridge include the TOB Intake structure and riparian forest area owned by the National Guard Armory.(See Vicinity and Env Features Maps attached to this application. 4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past? Yes No Unknown 4f.List the total estimated acreage of all existing wetlands on the property: n/a 4g.List the total estimated linear feet of all existing streams on the property: (intermittent and perennial) 1725 If SFNR;715 If Winklers Creek(upstream) 4h.Explain the purpose of the proposed project:' The purpose of this project is to replace a deteriorating bridge structure.Bridge No.346 was built in 1970 and is owned and operated by the Town of Boone.It consists of 2—30'spans of Prestressed Concrete Channels on Reinforced Concrete Abutments and one Reinforced Concrete Pierwall Bent.The current out-out bridge width is 24.5'.The lowest Sufficiency Rating was reported as 48 in 2008.In 2009,municipal funds were expended for bridge preservation activities including shotcreting of the superstructure(2009)and timber crutch bents to address lowered SV and TTST postings(2016).Presently,the preservation activities performed in 2009 are failing and timber crutch bents are increasing debris problems at the site.The Town of Boone requested STIP funding in 2017 to replace the bridge structure in order to maintain the safety and accessibility of school bus,garbage,snow clearing services and emergency vehicle services to the 20 existing houses,of which the bridge is the only access,should the SV and TTST postings decrease again as the bridge continues to deteriorate. 41.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:" The project proposed to replace the existing bridge structure(2 land)in place and in stages,as there is a closed neighborhood loop north of the bridge.The project will also include approximatley 550 linear feet of road improvemetns adjacent to the bridge replacement.Temporary impacts due to phased causeway use and dewatering are proposed to facilitate construction.The bridge is being replace generally in place with the existing structure,but slightly northward(downstream)resulting in a permanent impact of 26 linear feet due to bank stabilization(riprap)under the proposed structure. 5. Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments: 5b.If the Corps made a jurisdictional determination,what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: Example:SAW-2017-99999 5c.If 5a is yes,who delineated the jurisdictional areas? Name(if known): Carrie Caviness,PhD Agency/Consultant Company: Interface Environmental Consulting,LLC. Other: 6.Future Project Plans 6a.Is this a phased project?* Yes 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?This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre-construction notification. D. Proposed Impacts Inventory 1. Impacts Summary 1a.Where are the impacts associated with your project?(check all that apply): Wetlands Streams-tributaries Buffers Open Waters Pond Construction 3. Stream Impacts If there are perennial or intermittent stream impacts(including temporary impacts)proposed on the site,then complete this question for all stream sites impacted. "S."will be used in the table below to represent the word"stream". 0 3a.Reason for impact*(?) 3b.lmpact type* 3c.Type of impact* 3d.S.name* �3yP;;e.Stream T 3f.Type of 3g.S.width* 3h.Impact ?) Jurisdiction* length* S7 Bank Stabilization Permanent Bank Stabilization J SFNR Perennial Both 50 26 Average(feet) pinear feet) S2 Construction Temporary Workpad/Causeway J SFNR Perennial Both 50 51 Average(feet) Qinear feet) S3 Construction Temporary Dewatering SFNR Perennial Both 50 Average(feet) Qinear feet) All Perennial or Intermittent streams must be verified by DWR or delegated local government. 3i.Total jurisdictional ditch impact in square feet: 0 3i.Total permanent stream impacts: 26 31.Total temporary stream impacts: 51 31.Total stream and ditch impacts: 77 3j.Comments: The impact for temporary dewatering(S3)overlaps with the causeway impact(S2)resulting in a total of 51 If of temporary impact for both S2 and S3. The total temporary stream impacts are 51 If. At S1,there is 25.0 If of existing rip-rap under the older bridge resulting in only 26 If of new permanent impacts for streambank stabilization. The causeway will not impact more than 50%of the active stream channel at anytime during construction. E. Impact Justification and Mitigation u' 1.Avoidance and Minimization 1a.Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:* Designs will adhere to NCDOT Design Standards for Sensitive Waters. All disturbed buffer areas will be immediately seeded upon completion(temporary-annual ryegrass),matted(coconut/coir matting),and stabilized at the close of each construction day.Following construction,the banks of the restored channel will be seeded with a native floodplain mix(permanent seed). Live stakes and matting staples will be used to secure the coconut matting in these high-stress areas. 1 b.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All heavy equipment will be kept out of the stream channel during project construction except where absolutely necessary to install in-stream structures. Any entering of the channel or immediate riparian area will be done with new equipment,no hydraulic leaks tolerated.Disturbance of channel bottom and banks and equipment access areas shall be held to the minimum necessary to allow for structure replacement. 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 No 2b.If this project DOES NOT require Compensatory Mitigation,explain why: Impacts do not meet compensatory mitigation thresholds. NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website. F. Stormwater Management and Diffuse Flow Plan (required by DWR) U Recent changes to the stormwater rules have required updates to this section 1. Diffuse Flow Plan la.Does the project include or is it adjacent to protected riparian buffers identified within one of the INC Riparian Buffer Protection Rules? Yes No For a list of options to meet the diffuse flow requirements,click here. If no,explain why: The proposed project is not adjacent to a protected riparian buffer as identified within the NC Riparian Buffer Protections Rules.The proposed project occurs within the New River Basin, which is not listed in the NCDFNR Riparian Buffer Rules.Therefore,a diffuse flow plan is not included in this application. 2. Stormwater Management Plan 2a.Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* Yes No Comments: The Stormwater Management Plan is attached to this permit application. G. Supplementary Information 1. Environmental Documentation la.Does the project involve an expenditure of public(federal/state/local)funds or the use of public(federal/state)land?* Yes No 1 b.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 1c.If you answered"yes"to the above,has the document review been finalized by the State Clearing House?(If so,attach a copy of the NEPA or SEPA final approval letter.)* Yes No Comments:* An approved/signed CE document is located on the NCDOT Connect Site for B-5979. 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(based on past and reasonably anticipated future impacts)result in additional development,which could impact nearby downstream water quality?* Yes No 3b.If you answered"no,"provide a short narrative description. The neighborhood the bridge provides access to is established and built out given the constraining topography. 4. Sewage Disposal (DWR Requirement) 4a.Is sewage disposal required by DWR for this project?* Yes No 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 No 5b.Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5c.If yes,indicate the USFWS Field Office you have contacted. Asheville 5d.Is another Federal agency involved?* Yes No 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.?* Yes No 5g.Does this project involve bridge maintenance or removal?* Yes No 5g(1).If yes,have you inspected the bridge for signs of bat use such as staining,guano,bats,etc.?Representative photos of signs of bat use can be found in the NLEB SLOPES,Appendix F,pages 3-7. Yes No Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf If you answered"Yes"to 5g(1),did you discover any signs of bat use?* Yes No Unknown ***If yes,please show the location of the bridge on the permit drawings/project plans. 5h.Does this project involve the construction/installation of a wind turbine(s)?** Yes 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.?* Yes No 5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?* IPAC;Correspondence with USFWS;Field Surveys and documentation in the projects Natural Resource Technical Report(NRTR)to accompany the Type 1A Categorical Exclusion document for the project.The USFWS correspondence and NRTR is attached to this permit application. A memo regarding potential percussive activities is attached. 6. Essential Fish Habitat(Corps Requirement) 6a.Will this project occur in or near an area designated as an Essential Fish Habitat? Yes No 6b.What data sources did you use to determine whether your site would impact an Essential Fish Habitat? NOAA Essential Fish Habitat Mapper hftps://www.habitat.noaa.gov/apps/efhmapper/?page=page_3 Accessed 10/27/2021. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map(does not include archaeological data: http1//gis.ncdcr.gov/hpoweb/ 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(e.g.,National Historic Trust designation or properties significant in North Carolina history and archaeology)? Yes No 7b.What data sources did you use to determine whether your site would impact historic or archeological resources?* Scoping with NCDOT Architectural Historian and Archeologist. Their findings are attached. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https:Hmsc.fema.gov/portal/search 8a.Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8b.If yes,explain how project meets FEMA requirements: The NCDOT Hydraulics Unit has coordinated with the NC Floodplain Mapping Program in regard to applicability of NCDOT's Memorandum of Agreement;the project qualifies as a Type 1 MOA.Division 11 shall submit sealed As-built construction plans to the Hydraulics Unit upon completion of structure construction,certifying that the drainage structures and roadway embankment that are located within the 100-year floodplain were built as shown in the construction plans,both horizontally and vertically. 8c.What source(s)did you use to make the floodplain determination?* NC Floodplain Mapping Miscellaneous Comments Supporting Documents are attached. 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 drop files here to attach document B-5979_PCN_Supporting Documents.pdf 8.81MB File must be PDF or KMZ 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:* Kevin Hining Signature* Date 10/27/2021