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HomeMy WebLinkAbout20240277 Ver 1_ePCN Application_20240215DW 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# * 20240277 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Ryan Conchilla:ryan.conchilla Information for Initial Review la. Name of project: BR-0067 - Bridge 86 on NC 151 over Stony Fork Creek la. Who is the Primary Contact?* William A. Barrett 1b. Primary Contact Email:* wabarrett@ncdot.gov Date Submitted 2/15/2024 Nearest Body of Water Stony Fork Basin French Broad Water Classification C;Tr Site Coordinates Latitude: 35.459147 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: -82.736995 Reviewing Office* Central Office - (919) 707-9000 1c. Primary Contact Phone:* (919)707-6103 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: BR-0067 WBS # (1) 67067.1.1 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 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: 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)707-6103 2g. Email Address:* ekcheely@ncdot.gov 3. Applicant Information (if different from owner) 3a. Name: William A. Barrett 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)707-6103 3f. Email Address:* wabarrett@ncdot.gov C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Candler 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: Stony Fork 3b. Water Resources Classification of nearest receiving water:" C:Tr 3c. What river basins) is your project located in?* French Broad 3d. Please provide the 12-digit HUC in which the project is located. 060101050501 4. Project Description and History State / Province / Region NC Country US 2f. Fax Number: State / Province / Region NC Country USA 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:* Bridge Project Existing Conditions: 2-lane rural transportation facility crossing Stony Fork Creek. The existing bridge does not contain deck drains. All storm water runoff from the bridge collects along the railing, flows down the roadway fill slopes behind the wingwalls, and discharges into the floodplain. Runoff along the rest of the road sheets across the pavement, down the roadway fill slopes, and discharges into adjacent ditches to or the floodplain itself. General land use: rural residential 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: 0.45 4g. List the total estimated linear feet of all existing streams on the property: 1,895 4h. Explain the purpose of the proposed project:* The purpose of the proposed project is to replace a structurally deficient bridge. Structure #86 was built in 1959 and reconstructed in 1980. This structure has a sufficiency rating of 34.78, with a status of structurally deficient that warrants replacement. As bridges age, cost of repairs and maintenance increases. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Project BR-0067 involves replacement of bridge #100086 over the Stony Fork Creek with a total of 0.074 mile of roadwork on NC 151 (Pisgah Hwy) in Buncombe County. The existing bridge #100086, a 1 @35'-6", 1 @16 4" structure with an overall length of 50'-10" and out -out width of 22'-0", is to be replaced by a 1 @70'-0" structure with an overall length of 70'-0" and out -out width of 33'-0". The new bridge will be in the same location as the existing bridge and an off -site detour will be utilized. Standard road and bridge building equipment such as trucks, dozers, and cranes will be used. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No O Unknown Comments: Six (6) streams and three (3) wetlands are within the project study area. Only impact is to perennial Stony Fork Creek. 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): Amber Coleman, Mike Williams, and Amanda Voges Agency/Consultant Company: Stantec 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? No 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 F1 g1 3a. Reason for impact (?) Road Crossing 1 3b.lmpact type" Temporary 3c. Type of impact* Other 3d. S. name* Stony Fork �3e. Stream Type* (?) Perennial 3f. Type of Jurisdiction* Both 3g. S. width 14 Aveage (feet) 3h. Impact length* 61 (linear feet) S2 Road Crossing 1 Permanent Bank Stabilization J Stony Fork Perennial Both 14 Average (feet) 28 (linear feet) g33 Road Crossing 1 Temporary Other JStony Fork Perennial Both 14 L.— Average(feet) neet) �-] 3i. Total jurisdictional ditch impact in square feet 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 28 127 3i. Total stream and ditch impacts: 155 3j. Comments: The temporary stream impacts are associated with the Bridge removal/replacement and with necessary clearing at the site. 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: An alignment to the east was considered as alternative 2. However, the new bridge would be very close to the existing bridge over Chestnut Creek and properties would be greatly impacted. Alternative 1 was considered to have the least impact to water elevation rise on the adjacent residential structures and could be built faster. Due to the anticipated impacts caused by staged construction, and having a viable offsite detour, replace in place was chosen as the preferred alternate. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: NCDOT will utilize Best Management Practices (BMPs) during construction. 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: The bank stabilization and temporary impacts associated with this project do not require fill in the stream bed, and therefore, under Section 404 of the Clean Water Act, do not constitute Loss of Waters of the US and are not subject to mitigation. 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: Project is not located within, or adjacent to, any of the NC Riparian Buffer basins. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? Yes No Comments: see attached 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 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 O 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 minimal transportation impact resulting from the bridge replacement, the project will not stimulate growth but may influence nearby land use. 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 What Federal Agency is involved? FHWA 5e. Is this a DOT project located within Division's 1-8? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? IPaC and field surveys. FHWA is the lead federal agency for this project. See attached informal concurrence/conference letter from USFWS. 6. Essential Fish Habitat (Corps Requirement) Ga. 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? National Marine Fisheries (NMFS) 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? * Archaeological Form/Letter and Historic Properties and Landscapes Form/Letter (attached to this application). Tribal coordination documentation also attached. 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 Flood Maps. Miscellaneous n 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 BR-0067 Buncombe February 15 2024.pdf 15.02MB File must be PDF or KMZ Comments Signature 0 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 K. Cheely Signature C,"o k Chee� Date 2/15/2024