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HomeMy WebLinkAbout20240179 Ver 1_ePCN Application_20240129DW R DHlsloo 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# * 20240179 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Rob Ridings: rob. ridings Information for Initial Review la. Name of project: BP4. R015 la. Who is the Primary Contact?* Garry Wright 1b. Primary Contact Email: * glwright@ncdot.gov Date Submitted 1 /29/2024 Nearest Body of Water Beaverdam Creek Basin Neuse Water Classification WS-IV:NSW Site Coordinates Latitude: 35.390705 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Wayne Is this a NCDMS Project Yes No Longitude: -78.102485 Reviewing Office* Central Office - (919) 707-9000 1c. Primary Contact Phone:* (252)725-5439 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: BP4.R015 WBS # (?) BP4.R015.1 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: Garry Wright 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d. Address Street Address P.O. Box 3165 Address Line 2 city Wilson Postal / Zip Code 27895 2e. Telephone Number: (252)725-5439 2g. Email Address:* glwright@ncdot.gov 3. Applicant Information (if different from owner) 3a. Name: Garry Wright 3b. Business Name: NCDOT 3c.Address Street Address P.O. Box 3165 Address Line 2 city Wilson Postal / Zip Code 27895 3d. Telephone Number: (252)725-5439 3f. Email Address:* glwright@ncdot.gov C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Rosewood 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: Beaverdam Creek 3b. Water Resources Classification of nearest receiving water: WS-IV;NSW 3c. What river basin(s) is your project located it * Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202011704 4. Project Description and History State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country Wilson 3e. Fax Number: 2b. Property size: 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 land use near the site is mixed use agricultural and residential. The project area consists of Bottomland Hardwood Forest and Mesic Mixed Hardwood Forest. 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: 2.39 4g. List the total estimated linear feet of all existing streams on the property: 660 4h. Explain the purpose of the proposed project:* The purpose of the proposed project is to replace a functionally obsolete bridge. NCDOT records indicate Bridge No. 66 was built in 1959. The bridge is considered functionally obsolete due to a deck appraisal of 2 out of 9 according to Federal Highway Administration (FHWA) standards. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The replacement structure will be a bridge approximately 70 feet long, providing a minimum 30-foot 10-inch clear roadway width. The proposed bridge will be replaced on existing alignment and include two 11-foot lanes with 4-foot 5-inch offsets. The bridge length is based on preliminary design information. The roadway grade of the new structure will be approximately 1-foot higher than the existing structure. The approach roadway for the proposed replacement structure will extend approximately 401-feet from the south end of the new bridge and approximately 279-feet from the north end of the new bridge. The approaches will be widened to include two 11-foot travel lanes and 6-foot shoulders (9- feet with guardrail). SR 1236 (Rosewood Road) has a functional classification of a Rural Local and will be designed using Sub -Regional Tier Standards with a 60 mile per hour design speed. Heavy road equipment will be used during construction. All NCDEQ, USACE, and NCDOT permit conditions and best management practices will be followed. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No 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: SAW-2022-01291 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): K. Harmon, R. Elliot Agency/Consultant Company: Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 04/04/2023 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 p Buffers Open Waters Pond Construction 2. Wetland Impacts u 2a1 Reason(?) 2b. Impact type* (?) 2c. Type of W. * 2d. W. name 2e. Forested* 2f. Type of JurisdicitiI ?) 2g• Impact area Fill P Bottomland Hardwood Forest WA Yes Both 0.001 (acres) Mechanized Clearing Fill P P Bottomland Hardwood Forest ��WA Bottomland Hardwood Forest WA Yes Yes ---] Both Both 0.001 (acres) 0.002 (acres) IE-1 Mechanized Clearing P Bottomland Hardwood Forest WA Yes Both 0.007 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.011 2i. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0 011 ❑ S1 3a. Reason for impact (?) Site 1 3b.lmpact type" Permanent 3c. Type of impact* Bank Stabilization 3d. S. name* F�erdam Creek 3e. Stream Type" (?) Perennial 3f. Type of Jurisdiction* Both 3g. S. width 50 Aveage (feet) 3h. Impact length* 80 (linear feet) S2 Site1 Temporary Bank Stabilization Beaverdam Creek Perennial Both 50 Average (feet) 15 (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 80 15 3i. Total stream and ditch impacts: 95 3j. Comments: 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. p Neuse O Tar -Pamlico O Catawba O Randleman 0. Goose Creek O Jordan Lake O Other 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Site 1 Allowable P Beaverdam Creek No 883 553 Site 1 Allowable P Beaverdam Creek No 1,347 172 Site1 Allowable w/ Mitigation P Beaverdam Yes 0 1,028 Site 1&2 Allowable P Beaverdam Yes 147 0 Site 1 &3 Allowable P Beaverdam Yes 321 101 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 2,698.00 1,854.00 Zone 1 Zone 2 Total combined buffer impacts: 2,698.00 1,854.00 6i. Comments: 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: This is a replace in place project with limited footprint expansion. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: This project is a replace in place project designed to minimize environmental impacts to the maximum extent practicable. The NEPA/SEPA process was followed. All construction equipment will be staged and operated from upland areas. DOT will also install silt fencing to protect the streams and wetlands adjacent to the project. Safety fencing will be used to delineate jurisdictional and environmentally sensitive areas from encroachment. 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: Thresholds for mitigation were not met. Only parallel buffer mitigation is required. 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 Comments: See EC Plans 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 Comments: * Federal Administrative Action (Categorical Exclusion) was completed and is available upon request. 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) O 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. 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 What Federal Agency is involved? FHWA 5e. Is this a DOT project located within Division's 1-8? Yes No Unknown 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The original NRTR was completed June 2022 which identified five federally protected species ranges within the project study area. Red -cockaded woodpecker Biological Conclusion: No Effect Habitat for red -cockaded woodpecker is not present in the study area. The forested portions of the study area are primarily comprised of deciduous tree species with no old pines for suitable for nesting or foraging habitat. A review of NHP records, updated April 2022, indicates no known occurrences within 1.0 mile of the study area. Tricolored bat Biological Conclusion: MA-LAA The US Fish and Wildlife Service has issued a programmatic conference opinion (PCO) in conjunction with the Federal Highway Administration (FHWA),the US Army Corps of Engineers (USAGE), and NCDOT for the tricolored bat (TCB) (Perimyotis subflavus) in eastern North Carolina. The PCO covers the entire NCDOT program in Divisions 1-8, including all NCDOT projects and activities. NCDOT, FHWA, and USACE have agreed to three conservation measures (listed in the PCO) which will avoid/minimize take to TCBs. These conservation measures apply to all counties in Divisions 1-8. The programmatic determination for TCB for the NCDOT program is May Affect, Likely to Adversely Affect. Once the TCB is officially listed, the PCO will become the programmatic biological opinion (PBO) by formal request from FHWA and USACE. The PBO will ensure compliance with Section 7 of the Endangered Species Act for approximately five years (effective through December 31, 2028) for all NCDOT projects with a federal nexus in Divisions 1- 8, which includes Wayne County, where BP4.R015 is located. Neuse River waterdog Biological Conclusion: MA-NLAA Surveys for Neuse River waterdog (NRWD) were completed February 13-17, 2023. No NRWD were captured during the survey. Thus, the biological conclusion is: May Affect, Not Likely to Adversely Affect. Carolina madtom Biological Conclusion: MA-NLAA Surveys for Carolina madtom (CMT) were completed February 13 -17, 2023. No CMT were captured during the survey. Thus, the biological conclusion is: May Affect, Not Likely to Adversely Affect. Atlantic pigtoe Biological Conclusion: MA-NLAA Endangered mussel surveys were conducted on September 8, 2022. During the survey, no Atlantic pigtoe were collected. Thus, the biological conclusion is: May Affect, Not Likely to Adversely Affect. Tar River spinymussel Biological Conclusion: MA-NLAA Endangered mussel surveys were conducted on September 8, 2022. During the survey, no Tar River Spinnymussel were collected. Thus, the biological conclusion is: May Affect, Not Likely to Adversely Affect. 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?" The NCDOT Archeologist and Architectural Historian were consulted. See attached historic architecture and landscapes no survey required form. See attached archaeological no survey required form. 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 project was evaluated under the standard NCDOT FEMA MCA requirements. 8c. What source(s) did you use to make the floodplain determination? NCDOT Hydraulics Report, NCFIRS. 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 22-04-0018_NoSurvey.pdf 868.81KB PA 22-04-0018 BP4-R015 No Archaeological Survey Required Br 66 on SR 1236 Rosewood Rd over Beaver Dam Cr 1.36MB Wayne.pdf SF-950066_Permit Drawings_2023-05-15.pdf 5.25MB SF-950066_Erosion Control Plans_2023-05-15.pdf File must be PDF or KMZ 3.89MB 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: Garry Lyn Wright Jr. Signature Date 1/29/2024 \-D