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HomeMy WebLinkAbout20230637 Ver 1_ePCN Application_20230501DW R DHlsloo 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: 3/30/2023 BIMS # Assigned 20230637 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Raleigh Regional Office - (919) 791-4200 Information for Initial Review 1a. Name of project: Weldon Falls PFA 1a. Who is the Primary Contact?* Steven Bailey 1b. Primary Contact Email: * steven.bailey@ncwildlife.org Date Submitted 5/1 /2023 Nearest Body of Water Roanoke River Basin Roanoke Water Classification C Site Coordinates Latitude: 36.429764 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Halifax Is this a NCDMS Project Yes No Longitude: -77.591408 Version#* 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Zachary Thomas:zachary.thomas@ncdenr.gov 1c. Primary Contact Phone:* (919)707-4051 Is this project a public transportation project?* Yes No 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) 16. 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: 18 - Minor Discharges 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 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 1h. 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 AgentlConsultant for this project? Yes No 2. Owner Information 2a. Name(s) on recorded deed: State of North Carolina - NCDOT right of way 2b. Deed book and page no.: 2c. Contact Person: Franz Enders, Sr. Assistant District Engineer 2d.Address Street Address 14194 Hwy 903 Address Line 2 City Halifax Postal / Zip Code 27839 2e. Telephone Number: (252)583-4230 2g. Email Address:* fenders@ncdot.gov 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA 2f. Fax Number: Yes No Yes No O 3. Applicant Information (if different from owner) 3a. Name: Steven Bailey 3b. Business Name: NC Wildlife Resources Commission 3c.Address Street Address 1718 NC 56 Address Line 2 city Creedmoor Postal / Zip Code 27522 3d. Telephone Number: (919)707-4051 3f. Email Address:* steven.bailey@ncwildlife.org C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Weldon 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: Roanoke River 3b. Water Resources Classification of nearest receiving water: C 3c. What river basin(s) is your project located in?* Roanoke 3d. Please provide the 12-digit HUC in which the project is located. 030101070103 4. Project Description and History State / Province / Region NC Country USA 3e. Fax Number: 2b. Property size: 1.6 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: * The proposed project is located within the right-of-way for US 158/US 301. There is an existing gravel drive parallel to US 158/US 301 that will be used to access the site. There is a small gravel parking and turn around area located next to the bridge. The remaining areas within the right-of-way are grassed. To the south of the site is a former mill site. The areas adjacent to the river are grassed and wooded. To the north of the site is the US 158/US 301 bridge. To the east of the site is the Roanoke River. 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 4g. List the total estimated linear feet of all existing streams on the property: 77 O 4h. Explain the purpose of the proposed project:* The project will create an access to the Roanoke River. The public is currently using the site as an informal access area. An existing gravel drive will be used to access the site. A new gravel parking area will be constructed for public parking with concrete handicap accessible parking. A set of stairs will be constructed on the Roanoke River bank to provide safe access to the river level and provide a point for anglers to put in and pull out float fishing vessels. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: A tracked excavator will be used excavate and grade for the stairs on the riverbank. The concrete base stair sections will be poured and cured on high ground near the existing gravel drive. Once they have cured, the excavator will be used to lift them and set them into place to form the base of the stairs. The remaining portions of the stairs will be formed by hand and poured in the dry. The excavator will be used to backfill around the stair sections. An excavator, bulldozer, and motorgrader will be used to construct the parking area. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No O Unknown 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: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: 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 ta. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 3. Stream Impacts ❑ gt 3a. Reason for impact (?) Fishing access 3b.lmpact type* Permanent 3c. Type of impact* Other —] 3d. S. name* Roanoke River 3e. Stream Type* (?) Perennial 3f. Type of Jurisdiction* Both 3g. S. width 430 Aveage (feet) 3h. Impact length* 19 (linear feet) S2 Fishing access Temporary Excavation Roanoke River Perennial Both 430 Average (feet) 17 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 19 17 3i. Total stream and ditch impacts: 36 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization Q� l. 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: An existing gravel drive will be used to access the site. The proposed parking lot area and stair access are already cleared, so no tree removal will be required. Pre -cast concrete base stair sections will be used for the base step of the stair system to limit work required near the water line. Excavation and grading for the stairs will be performed by an excavator working from high ground. The stairs haven been designed to follow the existing ground profile as closely as possible to minimize the grading required. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Excavation and grading for the stairs will be performed by an excavator working from high ground. Pre -cast concrete base stair sections will be used for the base step of the stair system to limit work required near the water line. 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: Less than 1/10th of an acre of wetland loss. Less than 3/100-acre stream bed loss. 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: Project is located within the Roanoke River basin which does not have required riparian buffers. 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 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 Comments:' The site is more than 1 mile from HQW waters. It does not drain to OWR waters, and has less than 500' of stream impact. 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. The project will establish a small river access point. The site is currently being used by the public as an informal access point to the river. The project will not install any utilities at the site. We anticipate the access point will be used by the local public. Based on the limited facilities proposed at the site, we do not anticipate any additional development will occur as a result of this project. 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 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 Unknown 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? US Fish and Wildlife Service listing for endangered and threatened species for Halifax County, NC. Consultation with Maria Dunn, NCWRC Habitat Conservation Coastal Coordinator. US Fish and Wildlife Service Critical Habitat - Final Polygons 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 Fisheries 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? NC Historic Preservation Office's HPOWEB 2.0. To the north of the project site is HX1567, Bridge No. 158-30-30. To the south of the site is the Roanoke Canal. Neither will be impacted by the construction 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: A no -rise study for the project was performed by Appian Consulting Engineers, PA (dated March 28, 2023). They found that the proposed project would not have an affect on the mapped floodplain elevations. 8c. What source(s) did you use to make the floodplain determination?* FEMA Firm Map 3720.4917.00K, dated 2/04/2009 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 Weldon Falls PFA 2023-3-30.pdf 8.81 MB 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: Steven P. Bailey Signature t9br� O�V 044* Date 5/1/2023