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HomeMy WebLinkAbout20211530 Ver 1_ePCN Application_20230223DWR 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: 10/22/2021 BIMS # Assigned 20211530 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Hannah Sprinkle:hannah.sprinkle@ncdenr.gov Information for Initial Review la. Name of project: Bridge 28 over Long Creek on NC 210 1a. Who is the Primary Contact?* Jason Dilday 1b. Primary Contact Email: * jldildayl@ncdot.gov Date Submitted 2/23/2023 Nearest Body of Water Long Creek Basin Cape Fear Water Classification C;SW Site Coordinates Latitude: 34.439239 A. Processing Information County (or Counties) where the project is located: Pender Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No Longitude: -78.025815 Version#* 1 Reviewing Office` Wilmington Regional Office - (910) 796-7215 1c. Primary Contact Phone: * (919)707-6111 a Is this a NCDOT Project?* Yes No (NCDOT only) T.I.P. or state project number: B-5156 WBS # (1) 42331.1.2 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 1b. 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: RGP Numbers (for multiple RGPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 201902350 - Work associated with bridge construction, widening, replacement, and interchanges 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: 401 Water Quality Certification - Express Riparian Buffer Authorization 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 1h. Is the project located in any of NC's twenty coastal counties? Yes No 1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown 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 2b. Deed book and page no.: 2c. Contact Person: Yes No Yes No O 2d. Address Street Address 1598 Mail Service Center Address Line 2 City Raleigh Postal / Zip Code 27699-1598 2e. Telephone Number: (919)707-6111 2g. Email Address:* maturchy@ncdot.gov 3. Applicant Information (if different from owner) 3a. Name: Jason Dilday 3b. Business Name: 3c. Address Street Address 1598 Mail Service Center Address Line 2 city Raleigh Postal / Zip Code 27699-1598 3d. Telephone Number: (919)707-6111 3f. Email Address:* jldildayl@ncdot.gov C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Long Creek 2. Project Identification 2a. Property Identification Number: 2c. Project Address Street Address Address Line 2 City Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Long Creek 3b. Water Resources Classification of nearest receiving water: C;SW 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300070704 4. Project Description and History State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: 2b. Property size: State / Province / Region Country 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:* Land use in the project vicinity consists primarily of forested communities, with agricultural fields and residential development. 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: 2.13 4g. List the total estimated linear feet of all existing streams on the property: 500 4h. Explain the purpose of the proposed project:* The purpose of this project is to replace a structurally deficient bridge. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: This project involves replacing the 170-foot, 4 span bridge with a 205-foot, 5 span on a new alignment, slightly upstream of the existing bridge. Traffic will be maintained on the existing bridge during construction of the new structure. Standard road building equipment, such as trucks, dozers and cranes will be used. 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-2015-00992 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Eric Black Agency/Consultant Company: North State Engineering Other: O Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR PJD issued 12/13/2018 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 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W. * 2d. W. name 2e. Forested * 2f. Type of Jurisdicition * ?) 2g• Impact area * Fill P f7verine Swamp Forest WA, WC Yes Both 0.692 (acres) Excavation P Fv.rine Swamp Forest WD Yes Both 0.038 (acres) Mach. Clearing P f7yerine Swamp Forest J71 WD Yes Both 0.198 (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.928 2g. Total Wetland Impact 0.928 2i. Comments: An additional 0.246 ac of handclearing will occur in wetlands WA and WC. 0.98 ac of handclearing will occur to wetlands WB and WD due to overhead utility relocation. 4. Open Water Impacts 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type 4e. Waterbody type 4f. Impact area Bent removal T Long Creek Dewatering Tributary 0.01 4g. Total temporary open water Impacts: 0.01 4g. Total open water impacts: 0.01 4h. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 4g. Total permanent open water impacts: 0.00 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The bridge will remain open to traffic as the new structure is constructed. The new bridge will have less bents in the water than the existing structure. See stormwater management plan for additional minimization measures. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: 2:1 slopes were used to minimize impacts to existing wetlands where practicable. Stormwater is collected to outfall either outside of existing wetlands or where mechanized clearing will occur. 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) 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested 4h. Comments 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 4g. Coastal (tidal) wetland mitigation requested: (acres) F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. 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: This project occurs outside of an NC Riparian Buffer area. 2. Stormwater Management Plan O 2a. Is this a NC DOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No Comments: 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 1b. 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? Yes No Comments: * Type I Categorical Exclusions do not require submittal to the State Clearing House. 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. Due to minimal transportation impact resulting from this bridge replacement, this project will neither influence nearby land uses nor stimulate growth. Therefore, a detailed indirect or cumulative effects study will not be necessary. 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. Raleigh 5d. Is another Federal agency involved?* Yes No 5e. Is this a DOT project located within Division's 1-8? Yes No Unknown 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? N.C. Natural Heritage Program database; USFWS-Raleigh IPaC review of project area which lists; Northern long-eared bat, West Indian manatee, piping plover, red know, red -cockaded woodpecker, American alligator, green sea turtle, Kemp's ridley sea turtle, leatherback sea turtle, loggerhead sea turtle, Cooley's meadowrue, rough -leaved loosestrife and seabeach amaranth. Northern long-eared bat is covered under the PBO for the species. The American alligator does not require surveys due to its listing of Threatened Due to Similarity of Appearance. Habitat for Cooley's meadowrue and rough - leaved loosestrife exists in the study area. Surveys, most recently updated in July 2022 found no specimens. Surveys for Cooley's meadowrue and rough -leaved loosestrife will be updated prior to project construction. All other species received biological conclusions of No Effect, due to no habitat being present. 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? NEPA documentation 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 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 B-5156 Pander February 2023.pdf 9AMB 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: Michael Turchy Signature Gael Arc* Date 2/23/2023