HomeMy WebLinkAbout20231703 Ver 1_ePCN Application_20231213i 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.
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# *
20231703 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Kevin Mitchell: kevin.mitchell
Information for Initial Review
la. Name of project:
B-6016 - Bridge 142 over Martin Creek on SR 2027
la. Who is the Primary Contact?*
Michael Turchy
1b. Primary Contact Email: *
maturchy@ncdot.gov
Date Submitted
12/13/2023
Nearest Body of Water
Martin's Creek
Basin
French Broad
Water Classification
WS-II; Tr; HOW
Site Coordinates
Latitude:
35.790025
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Buncombe
Is this a NCDMS Project
Yes No
Longitude:
-82.423995
Reviewing Office*
Asheville Regional Office - (828) 2964500
1c. Primary Contact Phone:*
(919)707-6157
O
Is this project a public transportation project?*
Yes No
Is this a NCDOT Project?*
Yes No
(NCDOT only) T.I.P. or state project number:
B-6016
WBS # (?)
48211.1.1
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
1e. 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:
NCDOT
2b. Deed book and page no.:
2c. Contact Person:
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
2d. Address
Street Address
1598 Mail Service Center
Address Line 2
City
Raleigh
Postal / Zip Code
27699-1598
2e. Telephone Number:
(919)707-6157
2g. Email Address:*
maturchy@ncdot.gov
3. Applicant Information (if different from owner)
3a. Name:
Michael Turchy
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)707-6157
3f. Email Address:*
maturchy@ncdot.gov
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Barnardsville, NC
2. Project Identification
2a. Property Identification Number:
2c. Project Address
Street Address
Martins Creek Rd
Address Line 2
City
Barnardsville
Postal / Zip Code
28709
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Martin's Creek
3b. Water Resources Classification of nearest receiving water:
WS-II; Tr; HQW
3c. What river basin(s) is your project located it *
French Broad
State / Province / Region
NC
Country
us
2f. Fax Number:
State / Province / Region
NC
Country
us
3e. Fax Number:
2b. Property size:
1.50
State / Province / Region
NC
Country
us
3d. Please provide the 12-digit HUC in which the project is located.
060101050803
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 is located in a rural part of the NC mountains, near the Pisgah National Forest in Buncombe County. The area consists of heavily intact forested land, pasture/agriculture land
that is regularly maintained, paved roadways with maintained shoulders, and scattered residential properties. Aerial photographs suggest some areas of forest, adjacent to the PSA, may
have been thinned/logged in past years. The PSA is primarily maintained/disturbed roadside and yard frontage, pavement, and a thin strip of forest near the bridge at Martin's Creek.
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:
240
4h. Explain the purpose of the proposed project:"
The purpose of the project is to replace the structurally deficient Bridge #110142 over Martin Creek on SR 2027 (Martin Creek Rd.) in Buncombe County, NC east of Barnardsville. Built in
1971, the bridge now has a sufficiency rating of 48.08.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The existing bridge is a 21' long by 25' wide (timber floor on 1-beams) single span bridge and consists of two 9' paved travel lanes with 0.5' paved shoulders. The proposed grade will be
about T above existing ground within the vicinity of the bridge and roughly matching existing ground approximately 70 ft northeast of the bridge and 80 ft southwest of the bridge.
The existing bridge has openings below the bridge rail that discharge directly to Martin Creek. The proposed bridge will have no direct discharge into the river. Stormwater runoff from the
bridge is to flow to a grated inlet located just outside of the approach slab in the southwest quadrant and will be diffused with a riprap pad at the proposed pipe outlet in the southeast
quadrant. All proposed stormwater runoff is discharged as far away from the stream and at the lowest velocities as practicable.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
Comments:
Only named perennial stream Martin Creek within project area.
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: Three Oaks
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
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
rl
❑
3a. Reason for impact (?)
3b.lmpact type *
3c. Type of impact"
3d. S. name"
3e. Stream Type *
?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Site 1: Outfall 18" RCP III
Permanent
Bank Stabilization
Martin Creek
Perennial
Both
10
nvere9e(feeq
12
(iinearfeet)
S2
S3
Site 2a: Outfall 15" RCP -IV
Site 2b: Temp Access -
Dewatering/Fill
Permanent
Temporary
Bank Stabilization J
Dewatering
J
Martin Creek
Martin Creek
Perennial
Perennial
Both -]
Both
I
10
Average (feet)
10
Aveage (feet)
23
(linear feet)
87
(linear feet)
S4
Site 2c: Bridge - Excavation
Permanent
Bank Stabilization
Martin Creek
Perennial
Both
10
Average (feet)
20
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
55
3i. Total stream and ditch impacts:
142
3i. Total temporary stream impacts:
87
3j. Comments:
2b = Temporary impacts for a temporary pipe detour to maintain traffic, which substantially reduces impacts relative to the alternative construction
method of staged construction.
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:
Bridge spans the water body; The proposed bridge will have no direct discharge into the river. Stormwater runoff from the bridge is to flow to a grated
inlet located just outside of the approach slab in the southwest quadrant and will be diffused with a riprap pad at the proposed pipe outlet in the
southeast quadrant. All proposed stormwater runoff is discharged as far away from the stream and at the lowest velocities as practicable.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
A temporary pipe detour to maintain traffic was utilized, which substantially reduced impacts relative to the alternative construction method of staged
construction. Design Standards in Sensitive Watersheds will be adhered to.
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:
All permanent impacts are due to bank stabilization which is not considered a loss of waters/mitigable impact. Remaining impacts are temporary.
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:
The project is located within the French Broad River basin to which no riparian buffer rules apply.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
Comments:
see permit drawings.
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
0
u
u
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 the minimal transportation impact resulting from this bridge replacement, this project is not anticipated to stimulate growth or influence nearby
land use. The project replaces an existing structure with a similar structure.
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
What Federal Agency is involved?
FHWA
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?
FHWA is the lead agency.
Informal concurrence request sent to USFWS 12/6/23. See attached request letter for a summary of protected species info within the project area.
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/
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 attached cultural resource info and tribal coordination.
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:
This project meets the FEMA requirements by obtaining State Floodplain Compliance (SFC) approval through the Hydraulics Unit's Highway Floodplain
Program.
8c. What source(s) did you use to make the floodplain determination?"
FEMA floodmaps
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 dreg and drop files here to attach document
B-6016 Buncombe December 13 2023.pdf 7.92MB
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:
Erin Cheely
Signature
E„ti k Chee�
Date
12/13/2023
O