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HomeMy WebLinkAbout20231379 Ver 1_ePCN Application_20231010DWR Division of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) October 2, 2023 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: 5/1/2023 Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or fuel, including natural gas, diesel, petroleum, or electricity? Yes No BIMS # Assigned 20231379 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Winston-Salem Regional Office - (336) 776- 9800 Information for Initial Review la. Name of project: Lincoln Street Bridge Replacement Over Irish Buffalo Creek 1a. Who is the Primary Contact?* Jamie Williams 1b. Primary Contact Email: * williamsjm@concordnc.gov Date Submitted 10110/2023 Nearest Body of Water Irish Buffalo Creek Basin Yadkin-PeeDee Water Classification WS-III Site Coordinates Latitude: 35.390074 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Cabarrus Longitude: -80.581028 Version#* 1 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Dave Wanucha:dave.wanucha 1c. Primary Contact Phone:* (704)920-5341 $570.00 $767.00 a Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No Is this a NCDOT 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) 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 Nationwide Permit (NWP) Number: 14 - Linear transportation 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 Agent/Consultant for this project? Yes No 2. Owner Information 2a. Name(s) on recorded deed: City of Concord 2b. Deed book and page no.: Map 38 parcel 237 2c. Contact Person: 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d. Address Street Address PO Box 308 Address Line 2 city Concord Postal / Zip Code 28026 2e. Telephone Number: (704)920-5341 2g. Email Address:* williamsjm@concordnc.gov 2a. Name(s) on recorded deed: JLP Holdings II LLC 2b. Deed book and page no.: Book 09010, page 0291 2c. Contact Person: 2d. Address Street Address 829 Davidson Drive NW Address Line 2 City Concord Postal / Zip Code 28124 2e. Telephone Number: (704)920-5341 2g. Email Address: williamsjm@concordnc.gov 2a. Name(s) on recorded deed: Piedmont Hardwood Lumber Inc 2b. Deed book and page no.: book 01331, page 0175 2c. Contact Person: 2d. Address Street Address PO Box 535 Address Line 2 city Mt. Pleasant Postal / Zip Code 28124 2e. Telephone Number: (704)920-5341 2g. Email Address: williamsjm@concordnc.gov 2a. Name(s) on recorded deed: Woodcrest Park 2b. Deed book and page no.: book 09456, page 0308 2c. Contact Person: State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region INC Country USA 2f. Fax Number: 2d. Address Street Address PO Box 2208 Address Line 2 City Shelby Postal / Zip Code 28151 2e. Telephone Number: (704)920-5341 2g. Email Address:* williamsjm@concordnc.gov 3. Applicant Information (if different from owner) 3a. Name: Jamie Williams 3b. Business Name: 3c. Address Street Address PO Box 308 Address Line 2 city Concord Postal / Zip Code 28026 3d. Telephone Number: (704)920-5341 3f. Email Address:* williamsjm@concordnc.gov 4. Agent/Consultant (if applicable) 4a. Name: Melissa Ruiz 4b. Business Name: Stantec Consulting Services, Inc 4c.Address Street Address 801 Jones Franklin Road #300 Address Line 2 city Raleigh Postal / Zip Code 27606 4d. Telephone Number: (919)645-0545 0. Email Address:* melissa.ruiz@stantee.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (If appropriate) 1c. Nearest municipality / town: Concord 2. Project Identification State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: O 2a. Property Identification Number: 56208079010000 2b. Property size: 4.98 2c. Project Address Street Address Lincoln Street SW Address Line 2 city Concord Postal / Zip Code 28025 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" Irish Buffalo Creek 3b. Water Resources Classification of nearest receiving water:' WS-III 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030401050203 4. Project Description and History 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 Project corridor is located along Lincoln St and includes the bridge over Irish Buffalo Creek as well as the two-lane road and adjacent shoulders from south of Cozart Ave SW to north of Amber Ct SW. General land use in the vicinity includes open fields, limited forested areas and residential dwellings along with limited institutional and commercial buildings. 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: 695 4h. Explain the purpose of the proposed project: The purpose of the project is to replace the existing structurally deficient Lincoln Street SW bridge (Bridge No. 320) with a new bridge. The new bridge along with sections of the adjacent road will accommodate sidewalks with the purpose of providing a safe transportation route for pedestrians. Bridge No. 320 has incurred structural damages over the course of its lifetime and is now structurally deficient and has insufficient load -capacity. This bridge has been closed to vehicular traffic due to a sufficiency rating of 64.25/100. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Bridge No. 320 will be replaced along its existing alignment with a 135-foot long, three -span cored slab. Sidewalk will also be built along both sides of the roadway and along both sides of the proposed bridge. In addition, bicycle safe railings will be provided on the bridge to accommodate bicycle traffic. Proposed roadway improvements extend approximately 290-feet south and 150-feet north of the proposed bridge. Installation of the bridge and sidewalks will result in impacts in the form of bank stabilization to Irish Buffalo Creek and the stream (SA) that flows parallel to Lincoln St SW. Indirect impacts are not expected as the bridge and roadway are not expanding to include additional vehicular traffic. There will be a minor increase in impervious surface to accommodate the sidewalks. Construction equipment will include that typical of road construction including but not limited to bulldozers, backhoes, a crane, dump trucks, asphalt pavers, a roller - compactor, etc. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: Two jurisdictional streams identified on 9/29/2022 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): Melissa Ruiz Agency/Consultant Company: Stantec Other: O Unknown 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? No other permits are intended for this project. 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 3. Stream Impacts O 3a. Reason for impact (?) 3b.lmpact type" 3c. Type of impact" 3d. S. name" Stream Type* 3f. Type of 39. S. width 3h. Impact �3e. Jurisdiction * length S1 Site 1 Bank Stabilization Temporary Bank Stabilization J Irish Buffalo Creek Perennial Both 49 12 Averege (feet) (linear feet) S2 Site 1 Bank Stabilization Permanent Bank Stabilization J Irish Buffalo Creek Perennial Both 49 Average (feet) (linear feet) S3 Site 1 Proposed Bridge Temporary Bank Stabilization J Irish Buffalo Creek Perennial Both 49 55 Average (feet) (linear feet) S4 Site 1 Proposed Bridge Permanent Bank Stabilization J Irish Buffalo Creek Perennial Both 49 Averege (feet) (linear feet) S5 Site 2 Roadway Fill Temporary Relocation Irish Buffalo Creek Perennial Both 16 Average (feet) (linear feet) S6 Site 2 Roadway Fill Permanent Relocation Irish Buffalo Creek Perennial Both 151 Averege (feet) (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 162 3i. Total stream and ditch impacts: 245 31. Total temporary stream impacts: 83 3j. Comments: Site 1 impacts from bank stabilization and bridge installation over Irish Buffalo Creek Site 2 impacts to relocate the stream SA away from the from road to allow for sidewalk installation. Stream relocation includes a series of step pools and ties into the existing confluence with Irish Buffalo Creek. E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The proposed fill slope is 2:1 to reduce impacts to existing ditches and channels. Proposed ditches and channels are designed to match or improve existing waterways that will be impacted by the project. A step -pool system is proposed in stream SA in the northeast quadrant of the bridge (Site 2) to stabilize the channel which currently suffers from degredation and is being realigned. The location of the existing confluence of SA with Irish Buffalo Creek was maintained to minimize impacts. Proposed interior bridge bents are outside of the existing interior bridge bents. Deck drains are not required. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Sediment and erosion control measures will be installed and maintained during construction of the roadway improvements to prevent runoff and sedimentation of jurisdictional waters. 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: Impacts at Site 1 result from bank stabilization during bridge installation. Site 2 consists of a degraded stream channel that scores low on the North Carolina Stream Methodology Assessment. In addition there is an exposed sewer line that crosses the channel that has resulted in the formation of a large headcut and extensive erosion. Relocating the channel and installing a series of step pools will decrease erosion and improve aquatic life passage. In addition the sewer line will be removed. Photo documentation of the step pools can be submitted to USACE to show stable conditions after construction. F. Stormwater Management and Diffuse Flow Plan (required by DWR) O 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: Located in the Peedee-Yadkin basin which doesnt have NC Riparian Buffer Protection Rules 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 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government State Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. City of Concord Comments: City has reviewed and approved throughout design process. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federallstate) 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: * Municipal funds will be used. The project does not meet the SEPA minimum criteria. 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. Bridge No. 320 is being replaced because it is currently closed to traffic due to existing deficiencies. Sidewalk and bar railing will be installed on both sides of the roadway to accommodate pedestrians and bicyclists. No additional development is anticipated. 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. 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 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? Information for Planning and Consultation (IPaC) was used to determine Endangered Species and Designated Critical Habitat. Natural Heritage Program Occurrence data was reviewed and there are no known occurrences of protected species within the project area. A survey for listed plant species was conducted on September 29 and no Schweinitz sunflower or Michaux's sumac were found. A bat bridge habitat assessment was conducted on the bridge in June of 2023. No evidence (bats, staining, and guano) of bats using the bridge was observed. Additional information is included in the supplemental information packet attached to this application. 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.habitat.noaa.gov/apps/efhmapper/efhreport/ 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?" https://ne.maps.arcgis.com/apps/webappvlewer/index.html?id=79ea671 ebdcc45639f0860257d5f5ed7 The road north of the bridge is located within the Logan Neighborhood Historic District. However, the proposed project will not impact any structures within the historic district. Correspondence with the State Historic Preservation Office is included in this application. 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: Sealed as -built construction plans shall be submitted upon completion of project construction, certifying that the drainage structure(s) and roadway embankment that are located within the 100-year floodplain were built as shown in the construction plans, both horizontally and vertically. 8c. What source(s) did you use to make the floodplain determination? https://msc.fema.gov/portal/search 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 LincolnSuppinfo2_Final.pdf 19.45MB 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: Melissa Ruiz Signature ae6w Date 10/10/2023