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HomeMy WebLinkAbout20201495 Ver 1_ePCN Application_20231117i DWR 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: 1/23/2023 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 * Version# * 20201495 1 Is a payment required for this project?* No payment required What amount is owed?* Fee received $240.00 $570.00 Fee needed - send electronic notification $323.00 $767.00 Reviewing Office* Select Project Reviewer* Mooresville Regional Office - (704) 663-1699 Mary Plummer:mary.plummer Information for Initial Review 1a. Name of project: Pinedell Avenue Culvert Replacement 1a. Who is the Primary Contact?* Sam Starnes - City of Monroe 1b. Primary Contact Email: * sstarnes@monroenc.org Date Submitted 11/17/2023 Nearest Body of Water Dry Fork (NC stream index 13-17-36-6-3) Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: Longitude: 35.016619-80.593093 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Union 1c. Primary Contact Phone: * (704)282-4581 8 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): 14 or 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 401 Water Quality Certification - Express Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: Yes No For the record only for Corps Permit: Yes No 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 Monroe 2b. Deed book and page no.: roadway right-of-way 2c. Contact Person: 2d. Address Street Address 300 West Crowell Street, PO Box 69 Address Line 2 city Monroe Postal / Zip Code 28112 2e. Telephone Number: (704)282-4581 2g. Email Address:* sstarnes@monroenc.org 4. Agent/Consultant (if applicable) 4a. Name: Jason Hales 4b. Business Name: CDM Smith Inc. 4c.Address Street Address 5400 Glenwood Ave, Suite 400 Address Line 2 city Raleigh Postal / Zip Code 27612 4d. Telephone Number: (910)520-1832 4f. Email Address:* halesjc@cdmsmith.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Monroe 2. Project Identification 2a. Property Identification Number: roadway right-of-way 2c. Project Address Street Address 1940 Pinedell Avenue Address Line 2 City Monroe Postal / Zip Code 28110 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Dry Fork (NC stream index 13-17-36-6-3) 3b. Water Resources Classification of nearest receiving water: C 3c. What river basins) is your project located it * Yadkin-PeeDee State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 2.3 State / Province / Region NC Country USA 3d. Please provide the 12-digit HUC in which the project is located. 030401050501 4. Project Description and History 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 area consists of paved roadways and right-of-way, a maintained power line easement, young pine plantation, young mixed hardwoods, residential yards, wetlands, and streams. 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: 0.06 4g. List the total estimated linear feet of all existing streams on the property: 416 4h. Explain the purpose of the proposed project:" There is currently a structurally deficient culvert that needs to be replaced and enlarged to safely pass the design storm flows for the roadway crossing. The roadway needs to be widened to two travel lanes to meet city traffic standards. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The project include replacement of the existing 8.3' x 6.7' x 16' reinforced concrete box culvert (RCBC) with a new double 10' x Tx 60' and 10' x 9' x 60' RCBC; replacement of an existing 15-inch sanitary sewer line; and the addition of another travel lane. Culvert information is shown on Sheets 5, C-1, C-2, C-3, and C-4 of the attached design plans. Sewer line replacement information is shown on Sheets UC-1 and UC-2 of the attached design plans. The new double 10' x Tx 60' and 10' x 9' x 60' culvert will be placed in the same general alignment as the existing culvert. Fill will be added to grade on the upstream and downstream ends of the culvert. Class A rip rap will be placed on the downstream end of the culvert for flow dispersion and structure protection. Low stream flow will be isolated into the 10' x 9' x 60' barrel. The low flow barrel will be buried 1' below the stream bed and a 6-inch sill will be placed on the outlet end to retain streambed material. The low flow barrel will be backfilled with material that is excavated from the stream or floodplain and may be supplemented with rip rap if needed to expedite the establishment of a natural stream bed. The 10' x 7' x 60' barrel will function during high flow and will be approximately 1' above the existing streambed elevation. Floodplain benches will be constructed of Class A rip rap at the inlet and outlet of the high flow barrel. A temporary bypass channel will be installed for the culvert replacement. Prior to installation of the temporary bypass channel the 15-inch sewer line will be replaced using impervious dikes as shown on Sheet EC4 of the attached Erosion and Sedimentation Control Plans. These dikes will also be used to install the bypass channel. The bypass channel will be lined with geotextile fabric and Class B rip rap. For the culvert replacement an additional dike will be installed downstream of the culvert and the most upstream dike will be removed. There are approximately 1.2 acres of ground disturbance planned. The construction period is estimated to be approximately 15 months, with temporary stream impacts in place for less than 90 days. Each individual temporary impact would be limited to a short time, just enough to install the infrastructure. Standard construction and pipe installation equipment such as cranes, excavators, dump trucks, and similar vehicles will be used for the project. Proper erosion and sedimentation control measures will be employed throughout the project. All work will be done in the dry. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?" Yes No Comments: Wetland delineation conducted within the project area on June 16th, 2022. PJD request attached. 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): Jason Hales Agency/Consultant Company: CDM Smith Inc. Other: 6. Future Project Plans 6a. Is this a phased project?" Yes No O 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? 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 3a. Reason for impact (?) 3b.lmpact type" 3c. Type of impact* 3d. S. name' 3e. Stream Type* Type of 3g. S. width 3h. Impact ❑ ?) �3f. Jurisdiction* length* S1 Dewatering, sewer line, Temporary Dewatering SA (Dry Fork) Perennial Both 33 bypass Averege (feet) (linear feet) S2 Dewatering, sewer line Temporary Dewatering SB (UT to Dry Fork) Intermittent Both 83 Average (feet) (linear feet) S3 Rip rap Permanent Rip Rap Fill SA (Dry Fork) Perennial Both 8 29 Averege (feet) (linear feet) S4 Culvert Permanent Culvert SA (Dry Fork) Perennial Both 22 Average (feet) (linear feet) S5 Culvert Permanent Culvert SA (Dry Fork) Perennial Both 10 18 Averege (feet) (linear feet) S6 Rip rap Permanent Rip Rap Fill SA (Dry Fork) Perennial Both 12 40 Averege (feet) (linear feet) g7 Dewatering, bypass Temporary Dewatering SA (Dry Fork) Perennial Both 34 Average (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 109 3i. Total stream and ditch impacts: 259 3j. Comments: 3i. Total temporary stream impacts: 150 There are 109-linear feet of proposed permanent stream impacts for the culvert replacement and sewer line installation. (Impact numbers S3, S4, S5, and S6). The proposed permanent stream impacts are for culvert and rip rap protection/floodplain bench installation. There are a total of 162-linear feet of proposed permanent stream impacts. There are 190-linear feet of proposed temporary stream impacts for construction access, dewatering, and sewer line installation (Impact numbers S1, S2, and S7). Following installation of the culvert and sewer line, temporarily impacted stream banks will be restored through regrading, seeding and woven coir fiber mat (typical detail shown on sheet EC-3). The streambed in areas of proposed temporary stream impacts will be restored to pre -project elevations and widths using natural stream bed material. Temporary stream impacts would be in place for less than 90 days. 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 stream impacts have been kept to the minimum possible to allow for the culvert and sewer infrastructure installation. Most of the planned infrastructure replacement is within the currently maintained roadway, sewer, and power easements. The proposed impact amounts would be a maximum of potential impacts to the features. The actual construction efforts to replace the infrastructure will likely require less than the proposed totals. Land clearing will be the minimum necessary to install the infrastructure. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Across stream channels, stumps will be grubbed only as needed to install the infrastructure, and remaining stumps will be cut off at grade level. Temporarily impacted stream banks will be restored through regrading, seeding and woven coir fiber mat. All work in or adjacent to streams will be conducted so that the flowing stream does not come in contact with the disturbed area. There will be no change in pre -construction contours of waters of the United States in temporarily impacted areas. Erosion control matting that incorporates plastic mesh and/or plastic twine will not be used along streambanks. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 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: Mitigation is not proposed at present due to the limited nature of the proposed impacts and existing use of the roadway culvert and sewer system. The proposed impacts will be the minimum necessary to replace the culvert and sewer line. 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 L O If no, explain why: Located in the Yadkin-PeeDee basin. 2. Stormwater Management Plan 2a. Is this a NC DOT 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 3. Stormwater Requirements 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters.* Stormwater Management Plan Antidegradation Calculations Comments: City of Monroe G. Supplementary Information 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 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: not required 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. Culvert replacement will not lead to a change in use of the surrounding area. 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 Unknown 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 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? A biological assessment for potential effects to endangered or threatened species was submitted to the US Fish and Wildlife Service (USFWS) Asheville Field Office for review on April 6th, 2023. The biological assessment included a field reconnaissance survey for potential threatened and endangered species and habitats conducted in the project area June 16th, 2022. A response was received from USFWS on May 23rd, 2023 (attached) recommending tree clearing outside of the active season for tricolored bat from April 1st to October 15th. Additionally recommended is that the culvert be inspected for evidence of bat use (guano, staining, live or dead bats) within 14 days prior to the replacement and notify the USFWS Ashville Field Office of the findings. Although tricolored bat is "proposed for listing" and not currently afforded legal protection under the Endangered Species Act, these impact minimization measures would support USFWS concurrence with a "may affect, not likely to adversely affect" determination should this species become listed in the future. 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 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 State Historic Preservation Office (NCSHPO) HPOWEB 2.0 mapper 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 FEMA impacts are for culvert replacement within a FEMA regulated stream. A No -Rise Certification has been completed and concluded that the proposed culvert replacement will not cause an adverse impact to special flood hazard areas. 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 Pindell Culvert attachments.pdf 25.74MB 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: Jason Hales Signature ��JAY yyRl�1 U Date 11 /17/2023