HomeMy WebLinkAbout20221768 Ver 1_ePCN Application_20221214DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
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:
9/30/2022
BIMS # Assigned* Version#*
20221768 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Asheville Regional Office - (828) 296-4500
Information for Initial Review
la. Name of project:
Bost Rd Sewer Improvements
la. Who is the Primary Contact?*
Megan Bollero
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Joey Winston:eads\jbwinston
lb. Primary Contact Email:* lc. Primary Contact Phone:*
megan@cws-inc.net (757)576-6433
Date Submitted
12/14/2022
Nearest Body of Water
Catawba River
Basin
Catawba
Water Classification
W S-I V
Site Coordinates
Latitude: Longitude:
35.75812 -81.713497
A. Processing Information
County (or Counties) where the project is located:
Burke
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No
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)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 58 - Utility Line Activities for Water and Other Substances (frequently used)
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
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:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. 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:
Brad Boris
2b. Deed book and page no.:
N/A (City of Morganton Easement)
2c. Contact Person:
2d. Address
Street Address
P.O. Box 3448
Address Line 2
City
Morganton
Postal /Zip Code
28655
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No
2e. Telephone Number: 2f. Fax Number:
(828)438-5285
2g. Email Address: *
bboris@ci.morganton.nc.us
4. Agent/Consultant (if applicable)
4a. Name:
Megan Bollero
4b. Business Name:
4c. Address
Street Address
550 E Westinghouse Blvd
Address Line 2
City
Charlotte
Postal / Zip Code
28273
4d. Telephone Number:
(757)576-6433
4f. Email Address: *
megan@cws-inc.net
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
4e. Fax Number:
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Morganton
2. Project Identification
2a. Property Identification Number:
Multiple
2c. Project Address
Street Address
Bost Rd
Address Line 2
City
Morganton
Postal / Zip Code
28655
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Catawba River
3b. Water Resources Classification of nearest receiving water: *
WS-Iv
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501010608
4. Project Description and History
2b. Property size:
8
State / Province / Region
NC
Country
USA
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 Bost Rd Sewer Improvements project consists of an approximately 40 foot wide, 7,000-foot long corridor beginning at the N. Green Street and St. Mary's Church Road intersection
and runs east/northeast to the Catawba Meadows Dr. and Sanford Dr. intersection in Burke County, North Carolina (Figure 1, Attachment A).
The project area consists of undeveloped forested areas, herbaceous areas, maintained grassy areas, and low intensity development. On -site elevations range from 1000-1020 feet above
mean sea level (Figure 2). Land cover within the project area consists of deciduous forest, mixed forest, herbaceous areas, maintained grassy areas, and low intensity development
(Figure 3). The surrounding land use consists of undeveloped forested areas, undeveloped herbaceous areas, and commercial properties.
According to the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of Burke County (Figure 4) and the NRCS Published
Soil Survey for Burke County (Figure 5), on -site soils consist of seven different soil types. According to the Web Soil Survey, Colvard sandy loam and Unison fine sandy loam are listed as
containing hydric inclusions.
A review of the NWI GIS layer depicts riverine systems in the central and eastern portions of the study area (Figure 6).
FEMA National Flood Hazard Layer was reviewed for the project area (FEMA Panel 3710179400J. The majority of the project limits are located within the regulatory floodway, the 1%
annual chance flood hazard, and the 0.2% annual chance flood hazard (Figure 7).
Based on the results of wetland delineation performed by Carolina Wetland Services, there are eight jurisdictional waters of the U.S. located within the project boundary totaling
approximately 0.19 acres, including 422 linear feet of jurisdictional stream channel (Figure 8).
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:
0.04
4g. List the total estimated linear feet of all existing streams on the property:
145 intermittent; 327 perennial
4h. Explain the purpose of the proposed project: *
The Bost Rd Sewer Improvements project involves installing a new sewer line. This project will provide for current and future wastewater needs in the City of Morganton.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Under Nationwide Permit (NWP) No. 58, proposed stream impacts associated with this sewer line construction project are due to three stream crossings. Additionally, the project proposes
permanent wetland impacts.
The proposed impacts and construction plan details are included in the Attachment B. The proposed impacts are described in detail below.
Stream Impacts (S1-S4)
All stream sewer line crossings will be constructed via open trench. The temporary impacts were calculated based on the width of the construction corridor and will include the temporary
dewatering devices required in order to construct the sewer line in the dry, temporary stream crossings, sewer line installation, and bank stabilization. Proposed temporary stream impacts
total 120 linear feet. Permanent stream impacts associated with stream crossings total 10 linear feet, and will not result in any loss of water.
All areas disturbed by the work shall be re -graded to leave the area in a smooth condition, sloped for drainage and stabilized. The banks of Stream A will be permanently stabilized with rip
rap below the ordinary high water mark and seeding and mulch with woven coir net above the ordinary high water mark. Riprap will be keyed at the level of existing grade (Sheet C3-4,
Detail 218, Attachment B).
Wetland Impacts (W1-W2)
Proposed impacts to jurisdictional wetlands total approximately 0.02 acres. The proposed permanent wetland impacts total 0.01 acres. The permanent impacts are the result of fill from the
expansion of the pump station. The temporary wetland impacts total 0.01 acre and are the result of temporary fill for construction.
All disturbed areas will be returned to original grade and seeded with a native seed mix within 90 days of completion of the project. Planting of canopy and shrub species is not proposed.
The undisturbed canopy and shrub species abutting the project corridor will naturally reseed the non -maintained portions of the corridor and will provide an assortment of existing and
diverse native vegetation that matches the abutting species.
Directional Boring under Catawba River - Section 10
The installation of the sewer line will require a directional bore under the Catawba River (no impact), triggering a Section 10 permit (Sheet C2.6; Attachment B).
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
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:
SAW-2022-00637
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
6. Future Project Plans
CWS, Inc.
Unknown
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
Open Waters Pond Construction
2. Wetland Impacts
Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type*(')
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
W1
Fill
P
Bottomland Hardwood Forest
Wetland AA
No
Corps
0.010
(acres)
W2
Fill
T
Bottomland Hardwood Forest
Wetland AA
No
Corps
0.010
(acres)
2g. Total Temporary Wetland Impact
0.010
2g. Total Wetland Impact
0.020
2i. Comments:
2g. Total Permanent Wetland Impact
0.010
Permanent impacts are the result of fill for the pump station expansion. Temporary impacts are the result of improving the drainage ditch.
3. Stream Impacts
3a. Reason for impact (?)
3b.Impact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type *
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Construction disturbance
Temporary
Fill
Stream H
Intermittent
Corps
5
Average (feet)
40
(linear feet)
S2
Construction disturbance
Temporary
Fill
Stream A
Perennial
Corps
5
Average (feet)
40
(linear feet)
S3
Rip rap
Permanent
Bank Stabilization
Stream A
Perennial
Corps
5
Average (feet)
10
(linear feet)
S4
Construction disturbance
Temporary
Fill
Stream C
Perennial
Corps
5
Average (feet)
40
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
10
3i. Total stream and ditch impacts:
130
3i. Total temporary stream impacts:
120
3j. Comments:
Temporary impacts are the result of open -cut sewer crossings. Permanent impacts are the result of rip rap bank stabilization. There are no loss of
waters.
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:
Impacts to on -site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. The Bost Rd Sewer Improvements project has
been designed to avoid impacts to jurisdictional waters wherever possible and minimize the extent of necessary impacts to jurisdictional waters.
All proposed stream crossings are perpendicular or near perpendicular.
The original alignment would have impacted approximately 0.25 acre of forested wetlands and would have required two additional stream crossings.
Two of the stream crossings will be conducted via jack and bore to further reduce stream impacts.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Best Management Practices (BMP's) will be implemented during construction to avoid further impacts. Proper sediment and erosion control measures
will be used to minimize disturbances to downstream waters. All channel work will be constructed in the dry in accordance with Water Quality
Certification No. 4276.
Timber mats will be utilized within wetland areas to prevent rutting and all impacted areas will be returned to their pre -impact grades.
Impacted stream banks shall be permanently stabilized with rip rap below the ordinary high water mark and seeding and mulch with woven coir net
above the ordinary high water mark. Riprap will be keyed at the level of the existing grade.
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:
Permanent impacts are below mitigation threshold.
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
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30% nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
G. Supplementary Information u
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
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.
This project will not result in cumulative impacts in the foreseeable future.
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
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
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
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?
To determine which protected species are listed as occurring or potentially occurring within the project vicinity and prior to conducting the on -site field
investigation, CWS consulted the United States Fish and Wildlife Service's (USFWS) Endangered and Threatened Species and Species of Concern by
County for North Carolina online database for Burke County. In addition, CWS performed a data review using the North Carolina Natural Heritage
Program (NCNHP) Data Explorer to determine if any record occurrences of federally -listed, candidate endangered, threatened species, or critical habitat
were located within the project limits and conducted a habitat assessment within the study area. The results of the desktop review and habitat
assessment are included in the Protected Species Habitat Assessment report (Attachment C).
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? *
https://www.fisheries. noaa.gov/resource/map/essential-fish-habitat-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?*
A letter was forwarded to the North Carolina State Historic Preservation Office (SHPO) on January 31, 2022 to determine the presence of any areas of
architectural, historic, or archaeological significance that would be affected by this project. CWS also consulted the SHPO online GIS service. The
search indicated there are no known historical structures, buildings, sites, or districts existing within the project limits. A response letter from SHPO was
received on April 27, 2021 (Attachment D). In the letter from SHPO, it was determined that there were eight archaeological sites on record in the vicinity
of the sewer corridor, and they recommended a comprehensive archaeological survey be conducted. Merrick & Company hired TRC to complete the
archaeological survey, and that report is attached as Attachment D.
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:
The project will not result in above ground fill
8c. What source(s) did you use to make the floodplain determination?*
FEMA Panel: 3710179400J
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
Transmittal Letter - Google Docs.pdf
Attachment A - Submitted PJD (SAW-2022-00637).pdf
Attachment B - Impact Figures.pdf2.pdf
Attachment C - PETS Report.pdf
Attachment D - SHPO Letter.pdf
Attachment D - TRC Archelogical Bost Road Draft Report.pdf
File must be PDF or KMZ
114.46KB
4.74MB
33.35MB
9.78MB
222.29KB
18.5MB
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:
Megan Bollero
Signature
aw ado/%to
Date
12/14/2022