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HomeMy WebLinkAbout20210145 Ver 2_ePCN Application_20221220DW R mrlsloa of ware. 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: 1 /25/2021 BIMS # Assigned" 20210145 Is a payment required for this project? No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Amy Chapman:eads\aschapman:Amy.Chapman@ncdenr.gov Information for Initial Review 1a. Name of project: Replace Bridge No. 329 on SR 1315 over East Fork Twelve Mile Creek 1a. Who is the Primary Contact?* Joel Howard 1 b. Primary Contact Email: jmhoward@ncdot.gov Date Submitted 12/20/2022 Nearest Body of Water East Fork Twelve Mile Creek Basin Catawba Water Classification C Site Coordinates Latitude: Longitude: 34.983462-80.709704 A. Processing Information County (or Counties) where the project is located: Union Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No Version#* 2 Reviewing Office* Mooresville Regional Office - (704) 663-1699 1c. Primary Contact Phone:* (704)983-4423 Is this a NCDOT Project?* Yes No (NCDOT only) T.I.P. or state project number: WBS # (1) 17.BR10.PE.141 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 Please provide the date of the previous submission.* 3/30/2021 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: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 14 - Linear transportation 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 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 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 1d. 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.: N/A 2c. Contact Person: 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d.Address Street Address 706 W Main Street Address Line 2 City Albemarle Postal / Zip Code 28001 2e. Telephone Number: (704)983-4423 2g. Email Address:* jmhoward@ncdot.gov C. Project Information and Prior Project History 1. Project Information 1 b. Subdivision name: (if appropriate) 1c. Nearest municipality I town: Waxhaw 2. Project Identification 2a. Property Identification Number: N/A 2c. Project Address Street Address SR 1315 @ East Fork Twelve Mile Creek Address Line 2 City Waxhaw Postal / Zip Code 28713 3. Surface Waters 3a. Name of the nearest body of water to proposed project: East Fork Twelve Mile Creek 3b. Water Resources Classification of nearest receiving water: C 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501030202 4. Project Description and History State / Province / Region INC Country USA 2f. Fax Number: 2b. Property size: 2.1 State / Province / Region INC 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: Existing conditions include SR 1315 (New Town Road), agricultural land, residential land, and the disturbed/maintained right-of-way. 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). NCDWR Project No. 20210145v.1; SAW-2021-00931 4f. List the total estimated acreage of all existing wetlands on the property: 0.09 4g. List the total estimated linear feet of all existing streams on the property: 209 4h. Explain the purpose of the proposed project: * The purpose of the project is to replace the deficient SR 1315 bridge over East Fork Twelve Mile Creek with a new structure. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The North Carolina Department of Transportation, Division 10, plans to replace Bridge No. 329 carrying SR 1315 (New Town Road) over East Fork Twelve Mile Creek in Union County, North Carolina. The existing bridge has two nine -foot lanes with two -foot shoulders and is an approximately 26-foot long channel beam structure constructed in 1968 with no existing sidewalk or bicycle facilities. The existing right-of-way of SR 1315 (New Town Road) is approximately 60 feet in width. The WBS for this project was formerly 17BP.10.R.141 and is now 17BP.10.PE.141. The proposed project is state funded. The length of the project is approximately 650 feet and proposes to replace the existing bridge while maintaining the horizontal alignment of the roadway; an off -site detour will be used to facilitate construction. The replacement structure would be a 54' X 25'-5" X 10'-2" aluminum box culvert. A culvert is proposed to minimize the construction timeframe and the resultant disruption of local school traffic. The proposed right-of-way would be 127 feet at its widest point. Erosion and sediment control measures will be installed at the outset of construction. An existing 16" water line south of New Town Road will be rerouted and will require open -cutting a portion of the stream channel. Work to install the 16" water line will be done in the dry utilizing impervious dikes, a pump around system, and a dewatering device. This portion of work will be completed prior to culvert construction and the stream bed will be restored to natural conditions. During the culvert installation phase of the project impervious dikes will be installed within the channel north and south of New Town Road. A pump around station will be utilized to divert water from the northern side of the New Town Road to the southern side while construction is in progress. The existing bridge will be removed by heavy equipment operating from the upland roadway approaches and replaced with a 54' x 25'-5" x 10'-2" aluminum box culvert; the culvert will result in 55 If of permanent impacts to the stream. Following installation of the culvert, 45 If of stream will be excavated to make it even with the 1' sill inside the newly installed culvert. Additionally, side slopes will be reinforced with class-1 riprap and flood benches will have geotextile fabric installed for approximately 11 If along the stream for bank stabilization. A lateral "v" ditch will be created on the northwestern side of New Town Road, this will result in a permanent wetland impact of <0.01 acre. On the northeastern side of New Town Road, <0.01 acre of wetlands will be permanently impacted by roadway fill and on the southeastern side of New Town Road 0.02 acre of wetlands will be permanently impacted by roadway fill (See Attachment A - Permit Drawings with Stormwater Management Plan). The mechanized equipment to be used for construction will include track hoes, back -hoes, bulldozers and grading equipment 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: See Attachment B - Delineation Materials 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): Hal Bain Agency/Consultant Company: Rummel Klepper and Kahl LLP Other: 6. Future Project Plans 6a. Is this a phased project?* Yes No Unknown 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? No 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 2. Wetland Impacts J 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W. 2d. W. name 2e. Forested* Type of Jurisdicition* 2g• Impact �12f. area * W1 Excavation P Headwater Forest WC No Both 0.010 W2 Fill P Headwater Forest WB No Both (acres) 0.010 acres) W3 Fill P Headwater Forest —A WB No Both ] 0.020 acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.040 2g. Total Wetland Impact 0.040 2i. Comments: A lateral "v' ditch will be created on the northwestern side of New Town Road, this will result in a permanent wetland impact of <0.01 acre. On the northeastern side of New Town Road, <0.01 acre of wetlands will be permanently impacted by roadway fill and on the southeastern side of New Town Road 0.02 acre of wetlands will be permanently impacted by roadway fill. 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 7 Jurisdiction* length* S7 Bridge Replacement Permanent Culvert East Fork of Twelve Mile Perennial Both 15 55 Creek Average (feet) (linear feet) gy Bridge Replacement Permanent Excavation East Fork of Twelve Mile Perennial Both 15 45 Creek Average (feet) (linear feet) S3 Bridge Replacement Permanent Bank Stabilization East Fork of Twelve Mile Perennial Both 15 11 Creek Average (feet) pinear feet) S4 Bridge Replacement Temporary Culvert East Fork Twelve Mile Creek Perennial Both 15 17 Average (feet) (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 111 31. Total stream and ditch impacts: 128 3i. Total temporary stream impacts: 17 3j. Comments: Permanent impacts are associated with bank stabilization of East Fork of Twelve Mile Creek, excavation, and culvert installation. Temporary impacts of 17 LF are outside of reported permanent impacts and are associated with the demolition of the existing bridge and the dewatering of the stream for the construction of the proposed bridge replacement. 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: Replacing the bridge with a culvert in -place was incorporated to reduce the construction timeframe and minimize impacts. The horizontal alignment of the roadway was maintained and the culvert length was minimized to reduce impacts. Riprap bank stabilization for protection of the bridge abutments is being placed only on the stream banks and will not disturb the stream bed. Work will be conducted from the upland areas/roadway approaches. 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. 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: The project was previously authorized under a NWP 14 and mitigation payment made to the NCDMS by the NCDOT for unavoidable permanent impacts (100 LF of stream impact and 0.04 acre of wetland impact) associated with the culvert installation. 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 Catawba River Basin but is not subject to NC Riparian Buffer Protection Rules because it is not part of the main stem of the Catawba River. 2. Stormwater Management Plan v u 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No Comments: Please see attached Stormwater Management Plan on the minimization of water quality impacts (Attachment A). 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?* 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 Comments:* A Minimum Criteria Determination Checklist was prepared for this bridge replacement project (See Attachment C). 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 Sc. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* Yes No 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 Unknown 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.? 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. Mussel surveys were performed by the NCDOT Biological Surveys Group in June 2016 and October 2018 and no bivalves were found during either of the surveys. Additionally, it was determined that there is not suitable habitat for Carolina heelsplitter at the project location (See Attachment E - 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?* See Attachment D - "No Archaeological Survey Required Form" and "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 floodplairi Yes No 8c. What source(s) did you use to make the floodplain determination?"` FEMA FIRM maps Miscellaneous U 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 Cover_LetterSigned.pdf 13.96MB File must be PDF or KMZ 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: Joel M. Howard Signature yam 44 05VA�A Date 12/20/2022