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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