Loading...
HomeMy WebLinkAbout20191362 Ver 2_ePCN Application_20220714 DWR Division of Water Resources Pre-Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13,2022 Ver 4.3 Initial Review Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. Pre-Filing Meeting Date Request was submitted on: 4/29/2022 BIMS#Assigned* Version#* 20191362 2 Is a payment required for this project?* No payment required Fee received Reviewing Office* Fee needed-send electronic notification Mooresville Regional Office-(704)663-1699 Select Project Reviewer* Amy Chapman:eads\aschapman Information for Initial Review la.Name of project: Replacement of Bridge#162 over Hardy Creek 1a.Who is the Primary Contact?* Brett Canipe lb.Primary Contact Email:* 1c.Primary Contact Phone:* jmhoward@ncdot.gov (704)983-4423 Date Submitted 7/14/2022 Nearest Body of Water Hardy Creek Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: Longitude: 35.214515 -80.171824 A. Processing Information County(or Counties)where the project is located: Stanly Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No Is this a NCDOT Project?* Yes No (NCDOT only)T.I.P.or state project number: WBS#(7) 17BP.10.R.133 1a.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 lb.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 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: 401 Water Quality Certification-Regular 401 Water Quality Certification-Express Non-404 Jurisdictional General Permit Riparian Buffer Authorization 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: Yes No For the record only for Corps Permit: Yes No lf.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 No 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? Yes No lh.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 B. Applicant Information ld.Who is applying for the permit? Owner Applicant(other than owner) le.Is there an Agent/Consultant for this project?* Yes No 2.Owner Information 2a.Name(s)on recorded deed: NCDOT Division 10 2b.Deed book and page no.: 2c.Contact Person: 2d.Address Street Address 716 West Main Street Address Line 2 City State/Province/Region Albemarle NC Postal/Zip Code Country 28001 USA 2e.Telephone Number: 2f.Fax Number: (704)983-4423 (704)982-3146 2g.Email Address:* jmhoward@ncdot.gov C. Project Information and Prior Project History 1.Project Information 1 b.Subdivision name: (if appropriate) N/A lc.Nearest municipality I town: Norwood 2.Project Identification 2a.Property Identification Number: 2b.Property size: N/A 4.9 2c.Project Address Street Address SR 1923(Old Cottonville Rd)over Hardy Creek Address Line 2 City State/Province/Region Albemarle NC Postal/Zip Code Country USA 3. Surface Waters 3a.Name of the nearest body of water to proposed project:* Hardy Creek 3b.Water Resources Classification of nearest receiving water:* C 3c. What river basin(s)is your project located in?* Yadkin-PeeDee 3d.Please provide the 12-digit HUC in which the project is located. 030401050707 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:* Existing conditions include SR 1923(Old Cottonville Rd),agricultural land,residential property,undeveloped forest,and the disturbed/maintained right-of-way;refer to figures included in Attachment B and representative photographs included in Attachment C. 4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?* Yes No Unknown If yes,please give the DWR Certification number or the Corps Action ID(exp.SAW-0000-00000). This bridge replacement project was originally permitted in 2019 under a non-notifying Nationwide Permit 3 permit authorization from the USACE.Use of Water Quality General Certification No.4132 was issued for this project previously under NCDWR Project No.20191362v.1.Project delays resulted in the expiration of the 404 permit resulting in this application for the RGP 50 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: 865 4h.Explain the purpose of the proposed project:* To replace the current Bridge#162 with a new modern structure.Currently the road is closed due to the failing bridge structure. 4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:* Erosion and sedimentation control measures will be installed.Bridge demolition will include the removal of the bridge deck and the removal of the top portion of the bridge abutments, leaving the footer and approximately one foot of the masonry abutment to match the excavation elevation and temporary impacts to 175 linear feet to Hardy Creek may result.Overlapping impacts of 19 linear feet to Hardy Creek will result from the dewatering and open cut through Hardy Creek for the relocation of the existing water line.Bridge replacement construction using heavy equipment from the upland roadway approaches.Permanent impacts of 77 linear feet will result from the minor realignment/relocation of the unnamed intermittent tributary to Hardy Creek around the bridge abutment,and approximately 8 linear feet of permanent impacts to Hardy Creek will result from the bank stabilization required around the east bridge abutment.No deck drains are proposed on the bridge and runoff from the bridge will be routed to a concrete flume located to the northeast of the bridge and discharged to the stream floodplain upstream of the bridge.The proposed bridge will be built on the same alignment with a temporary off-site detour. 5. Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments: See attached delineation materials located in Attachment B 5b.If the Corps made a jurisdictional determination,what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: 5c.If 5a is yes,who delineated the jurisdictional areas? Name(if known): Joshua Kotheimer,PWS Agency/Consultant Company: STV Engineers,Inc. 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? D. Proposed Impacts Inventory 1. Impacts Summary la.Where are the impacts associated with your project?(check all that apply): Wetlands Streams-tributaries Buffers Open Waters 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* Si Bridge Replacement Permanent Bank Stabilization Hardy Creek Perennial Both 25 8 Average(feet) (linear feet) S2 Bridge Replacement Permanent Relocation U.T.to Hardy Creek Intermittent Both 5 77 Average(feet) (linear feet) S3 Bridge Replacement Temporary Other Hardy Creek Perennial Both 25 175 Average(feet) (linear feet) S4 Water Line Temporary Dewatering Hardy Creek Perennial Both 25 19 Average(feet) (linear feet) 3i.Total jurisdictional ditch impact in square feet: 0 3i.Total permanent stream impacts: 3i.Total temporary stream impacts: 85 194 3i.Total stream and ditch impacts: 279 3j.Comments: Potential temporary impacts of 175 linear feet to Hardy Creek are for demolition of the existing bridge and construction of the new bridge.Temporary impacts to approximately 19 linear feet of Hardy Creek will result from the dewatering associated with the relocation of the water line which overlaps with the previously reported 175 linear feet of temporary impacts.Use of directional drilling at this location was determined to be unfeasible due to the subsurface rock and the water line will instead be installed through open cut.Permanent impacts to approximately 8 linear feet of Hardy Creek are necessary for bank stabilization at the bridge abutment.There will be 77 linear feet of permanent impacts to an unnamed tributary to Hardy Creek for a minor realignment/relocation of the channel near the bridge abutment;refer to the permit drawings in Attachment A. 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: Replacing the bridge in-place was incorporated to minimize impacts.The bridge span length was extended to avoid impacts.Riprap protection of the bridge abutments is being placed outside of the jurisdictional stream boundary of the perennial stream(a.k.a.,Hardy Creek)where possible to avoid impacts.Work will be conducted in the dry utilizing impervious dikes and a pump-around setup. 1 b.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: NCDOT Best Management Practices for Construction and Maintenance Activities will be employed.Demolition and construction methods from the upland roadway approaches will be used to minimize potential temporary demolition related impacts and avoid construction related impacts.Work will be conducted in the dry utilizing impervious dikes and a pump-around setup. 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 2c.If yes,mitigation is required by(check all that apply): DWR Corps 2d.If yes,which mitigation option(s)will be used for this project? Mitigation bank Payment to in-lieu fee program Permittee Responsible Mitigation 4. Complete if Making a Payment to In-lieu Fee Program 4a.Approval letter from in-lieu fee program is attached. • Yes No 4b.Stream mitigation requested: (linear feet) 4c.If using stream mitigation,what is the stream temperature: 85 warm 4d.Buffer mitigation requested(DWR only): 4e.Riparian wetland mitigation requested: (square feet) (acres) 4f.Non-riparian wetland mitigation requested: 4g.Coastal(tidal)wetland mitigation requested: (acres) (acres) 4h.Comments F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la.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: Project is located in the Yadkin-Pee Dee River Basin and is not subject to NC Riparian Buffer Protection Rules. 2. Stormwater Management Plan 2a.Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* Yes No Comments: Stormwater runoff from the proposed bridge will be routed to a concrete flume located on the northeast side of the bridge.No deck drains on the bridge will be required;please refer to the Stormwater Management Plan located in Attachment A for details on the minimization of water quality impacts. 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 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:* The project has a Minimum Criteria Determination Checklist which was completed on February 14,2022(Usage Number M0155). 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. Project involves the replacement of an existing bridge and is not anticipated to affect future development. 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 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.? Yes No If you answered"Yes"to 5g(1),did you discover any signs of bat use? Yes No Unknown 5h.Does this project involve the construction/installation of a wind turbine(s)?* Yes No Si.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? USFWS IPaC and NCNHP data and site specific surveys;see Attachment D-T&E Supplemental Information. 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 EFH Mapper 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?* An intensive shovel testing archaeological survey was conducted within the study area.See Attachment E-No National Register of Historical Places Eligible or Listed Archaeological Sites Present Form;Historic Architecture and Landscapes No Survey Required Form 8. Flood Zone Designation (Corps Requirement) 8a.Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8b.If yes,explain how project meets FEMA requirements: NCDOT Hydraulics Unit Coordination with FEMA 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. Click the upload button or drag and drop files here to attach document ePCN_Br162_R133_SupportingMaterials_With_Cover_Letter.pdf 26.37MB File must be PDF or KMZ Comments Submitted with this application is a Cover Letter with Attachments. 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: Joel M.Howard Signature .7-0EL/a erAVAtito Date 7/14/2022