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HomeMy WebLinkAbout20240085 Ver 1_ePCN Application_20240108DWR 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# * 20240085 1 Is a payment required for this project?* No payment required Fee received Reviewing Office* Fee needed - send electronic notification Washington Regional Office - (252) 946-6481 Select Project Reviewer* Garcy Ward:garcy.ward Information for Initial Review la. Name of project: CLNA 2023 Bridge Repairs - Bridge 14.20 1a. Who is the Primary Contact?* Drew Bessette 1b. Primary Contact Email: * 1c. Primary Contact Phone:* drew@fdcengineers.com (207)747-4651 Date Submitted 1/8/2024 Nearest Body of Water Cuckolds Creek Basin Tar -Pamlico Water Classification SC/NSW Site Coordinates Latitude: Longitude: 35.572667-76.645875 A. Processing Information O Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Beaufort 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) 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: 03 - Maintenance NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular 401 Water Quality Certification - Express Non-404 Jurisdictional General Permit Riparian Buffer Authorization 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: 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 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 AgentlConsultant for this project? Yes No 2. Owner Information 2a. Name(s) on recorded deed: Carolina Coastal Railway Inc. 2b. Deed book and page no.: 2c. Contact Person: Alan Bridgers 2d. Address Street Address 1700 Black Creek Road Address Line 2 City Wilson Postal / Zip Code 27893 State / Province / Region NC Country USA 2e. Telephone Number: (252)237-8259 2g. Email Address:' abridgers@regional-rail.com 3. Applicant Information (if different from owner) 3a. Name: Drew Bessette 3b. Business Name: FDCE, P.C. 3c.Address Street Address 19 Ocean Ave, Unit 5 Address Line 2 city Portland Postal / Zip Code 04103 3d. Telephone Number: (207)747-4651 3f. Email Address:"` drew@fdcengineers.com 4. Agent/Consultant (if applicable) 4a. Name: Drew Bessette 4b. Business Name: FDCE, P.C. 4c.Address Street Address 19 Ocean Ave, Unit 5 Address Line 2 City Portland Postal / Zip Code 04103 4d. Telephone Number: (207)747-4651 4f. Email Address:* drew@fdcengineers.com C. Project Information and Prior Project History 1. Project Information 2f. Fax Number: (999)999-9999 State / Province / Region ME Country USA 3e. Fax Number: (999)999-9999 State / Province / Region ME Country USA 4e. Fax Number: (999)999-9999 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Pantego 2. Project Identification 2a. Property Identification Number: 2b. Property size: 2c. Project Address Street Address Address Line 2 City State / Province / Region Postal / Zip Code Country 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Cuckolds Creek 3b. Water Resources Classification of nearest receiving water:" SC/NSW 3c. What river basin(s) is your project located in?* Tar -Pamlico 3d. Please provide the 12-digit HUC in which the project is located. 030201040305 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: Bridge 14.20 Carolina Coastal Railway runs over Cuckolds Creek primarily along cultivated land: hay and pasture land, and other cropland, rotation or permanent pasture. The west and east ends of the bridge are surrounded by, unmanaged herbaceous Cover, and broadleaf deciduous forest land. The railway runs parallel to route 265. 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 4g. List the total estimated linear feet of all existing streams on the property: 4h. Explain the purpose of the proposed project: * Perform necessary repairs to maintain the bridge in operable condition without load restrictions. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The timber substructure supports of the bridge consists of driven piles with a concrete cap. To restore the capacity of the 8 bents, the existing piles will be cut off 14" below the top of cap (above water) and a new timber cap will be installed below the existing concrete cap. At the end bents located in the embankment, some minor hand excavation using shovels will be required to facilitate the new cap installation. At intermediate bents over water, the work will be performed from a small boat/barge and from the deck of the bridge. Four decayed timber piles will be cut off at the low water line and a new pile of the same size will be spliced in above. The repairs will have no effect on the hydraulics of the bridge. Work will be performed from a small boat/barge and from the deck of the bridge. The existing piles will be removed and disposed of in a lawful manor. No direct or indirect impacts are anticipated under this scope of work. 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 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction O E. Impact Justification and Mitigation O 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: All work will take place from the bridge deck or a small boat/barge. Pile cuts will be at the low water line. No underwater work will be required and no disturbance of stream bed will take place. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: NCDOT Storm water Best Management Practices will be followed. Site access will be from the Railroad R-O-W. Work will be performed from the bridge deck when possible. Material will be brought in via rail. 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: Project is not expected to have any adverse impact on wetlands, streams, or other aquatic resources. 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 What type of SCM are you providing? Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Other SCM that removes minimum 30 % nitrogen Proposed project will not create concentrated Stormwater flow through the buffer 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: This project does not require a Stormwater Management Plan because the entirety of the scope of work falls within the natural drainage area boundary and does not increase impervious surface area, the total built upon area is not changing. This project does not require activities that result in fill, dredging or excavation of waters or wetlands below the normal high water level. 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: N/A 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 O 3b. If you answered "no," provide a short narrative description. General bridge maintenance will not impact stream. 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 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? U.S. Fish and Wildlife Service (USFWS) and NOAA fisheries resource was used to determine any impact. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? Yes No Are there submerged aquatic vegetation (SAV) around the project vicinity?* Yes No U Unknown 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * NOAA Habitat Conservation National Marine Fisheries Service Mapper shows that the project will occur within Essential Fish Habitat buffer. Project will not impact any habitat. 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? * NCState Historic Preservation office National register of historic places has no listings, There are no listings of historic places on arcGIS tool provided on ncdcr.gov. Site will not impact any historical sites. 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 will have no effect on the 100-year floodplain. The drainage area of the bridge will remain the same. 8c. What source(s) did you use to make the floodplain determination?* FEMA Risk Map (https://msc.fema.gov/) Miscellaneous 8 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 Beaufort - CLNA 2023 Bridge Repairs PCN Br 14.20.pdf 38.1 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: Drew Bessette Signature 10MV A' &A a z, Date 1/8/2024 M