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HomeMy WebLinkAbout20240316 Ver 1_ePCN Application_20240227DWR 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# * 20240316 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* Central Office - (919) 707-9000 Ryan Conchilla:ryan.conchilla Information for Initial Review 1a. Name of project: Bethabara Road Culvert Replacement Project 1a. Who is the Primary Contact?* Jessica Tisdale 1b. Primary Contact Email: * 1c. Primary Contact Phone:* jessica.tisdale@hdrinc.com (919)232-6654 Date Submitted 2/27/2024 Nearest Body of Water Monarcas Creek Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: Longitude: 36.150376-80.150376 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Forsyth Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No O 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: 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 14 - Linear transportation 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 'Id. 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: See attached parcel sheet 2b. Deed book and page no.: N/A 2c. Contact Person: Todd Love, P.E. 401 Water Quality Certification - Express Riparian Buffer Authorization r Yes No Yes No 2d.Address Street Address City Hall - Stormwater Division Address Line 2 101 North Main Street city Winston-Salem Postal / Zip Code 27101-4015 2e. Telephone Number: (336)734-1318 2g. Email Address:* toddml@cityofws.org 3. Applicant Information (if different from owner) 3a. Name: Todd Love, P.E. 3b. Business Name: City of Winston-Salem Stormwater Division 3c.Address Street Address 101 North Main Street Address Line 2 city Winston-Salem Postal / Zip Code 27101 3d. Telephone Number: (336)734-1318 3f. Email Address:* toddml@cityofws.org 4. Agent/Consultant (if applicable) 4a. Name: Jessica Tisdale 4b. Business Name: HDR Engineering, Inc. of the Carolinas 4c.Address Street Address 555 Fayetteville Street Address Line 2 Suite 900 city Raleigh Postal / Zip Code 27601 4d. Telephone Number: (919)232-6654 4f. Email Address:* jessica.tisdale@hdrinc.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town Winston-Salem State / Province / Region North Carolina Country U.S. 2f. Fax Number: State / Province / Region NC Country U.S. 3e. Fax Number: State / Province / Region NC Country U.S. 4e. Fax Number: a 2. Project Identification 2a. Property Identification Number: 2b. Property size: See attached figures (3) and 65 % plan sheets 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: Monarcas Creek 3b. Water Resources Classification of nearest receiving water:" C 3c. What river basin(s) is your project located in?" Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030401011301 4. Project Description and History 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: x Land use within the vicinity is residential, forested, existing transportation facilities and commercial/businesses along Silas Creek Parkway, University Parkway, and surrounding Wake Forest University. 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: 184 4h. Explain the purpose of the proposed project:" The purpose of this project is to replace the Bethabara Road culvert that has resulted in the closure of a section of Bethabara Road in Winston-Salem. Monarcas Creek is conveyed through the Bethabara Road culvert, northwest of Silas Creek Parkway in the northwestern part of the Winston-Salem (Figures 1, 2). The culvert crossing is located approximately 100 feet east of the intersection of Hickory Knoll Drive with Bethabara Road and roughly 450 feet west of the intersection of Hickory Glen Road with Bethabara Road. The existing three -sided culvert is 60' long, 15' wide and 10' tall. The culvert is exhibiting degradation to many of its structural features, which could result in individual feature or collective system failure of the culvert, impacting the function of the roadway in providing safe travel. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: x The project consists of replacing a failing three -sided arch culvert, widening the roadway pavement width 2' to 4' across the project area, widening the sidewalk from 4' to 5' wide, and adding a 3' 6" wide planting strip between the curb and sidewalk. The existing three -sided culvert is 60' long, 15' wide and 10' tall and will be replaced with a 70' long, 10' 4" tall and 16' 1" wide aluminum structural plate arch with aluminum headwalls. Headwalls will be installed on both the upstream side and downstream side of the arch. The existing 12' sewer line paralleling Monarcas Creek will not be exposed during construction. The existing 12" and 24" waterlines will be supported with steel beams during culvert installation and no blasting is anticipated to install the steel beams. A bypass pumping operation will be utilized during the culvert replacement to continue the natural flow of Monarcas Creek, and a dewatering bag will be installed south of the existing culvert. Additionally, the project will not require the addition of right-of-way. Standard road and culvert equipment, such as trucks, backhoes, pile driving equipment (for waterline support during construction), 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: Monarcas Creek is a perennial stream with no adjacent wetlands in the study area (See Figure 4). Unnamed Tributary (UT) to Monarcas Creek, also a perennial stream, forms a confluence with Monarcas Creek south of Bethabara Road. 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): Jessica Tisdale Agency/Consultant Company: HDR Engineering, Inc. of the Carolinas (HDR) 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 la. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries O Buffers Open Waters Pond Construction 3. Stream Impacts U F 3a. Reason for impact (?) 3b.lmpact type " 3c. Type of impact* 3d. S. name * 3e. Stream Type* 3f. Type of 3g. S. width F. Impact (?) Jurisdiction* length* 31 Culvert installation Temporary Dewatering Monarcas Creek Perennial Both 15 137 Average (feet) (linear feet) gy Bottomed culvert Permanent Culvert Monarcas Creek Perennial Both 15 72 Average (feet) (linear feet) S3 Bank stabilization Permanent Bank Stabilization onarcas Creek (up and [do Perennial Both 15 54 wn Stream of Culvert) Aveage (feet) (linear feet) gq Riprap collar Permanent Rip Rap Fill Monarcas Creek Perennial Both 15 69 (up/downstream) Ave age (feet) (linear feet) 31. Total jurisdictional ditch impact in square feet 0 3i. Total permanent stream impacts: 31. Total temporary stream impacts: 195 137 31. Total stream and ditch impacts: 332 3j. Comments: Permanent, non-mitigable, bank stabilization impacts are 54 ((30 LF (upstream) and 24 LF (downstream)) Upstream bank stabilization overlaps with the rip -rap placement in the streambed. Total, mitigable, permanent stream impacts are 141 linear feet (72 LF (culvert) + 69 (rip -rap collars). E. Impact Justification and Mitigation O 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Tops of bank on jurisdictional Monarcas Creek and Unnamed Tributary (UT) to Monarcas Creek have been surveyed. Using these surveyed features, designs were adjusted to avoid and/or minimize impacts to Monarcas Creek and the adjoining UT to Monarcas Creek City stream restoration project. HDR Feld biologists reviewed the project on October 16, 2023 and confirmed there were no wetlands alongside Monarcas Creek in the project area. Best Management Practices for Protection of Surface Waters will be used. Other avoidance and minimization efforts include utilizing 1.5:1 slopes at the stream crossing to minimize the length of the culvert and disturbance area around Monarcas Creek. Using 1.5:1 slopes additionally avoids any stream impacts to the UT to Monarcas Creek City stream restoration project. Retrofitting the aluminum arch culvert with baffles will capture natural stream sediment in the culvert to support aquatic life. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Erosion and sediment control Best Management Practices (BMPs) will be installed prior to construction and inspected and maintained throughout the duration of the project. Water will be diverted around work areas to prevent sedimentation of downstream aquatic resources through the use of a pump around system during culvert installation and a dewatering bag will be installed south of the existing culvert to reduce sedimentation in the stream. A pre - construction meeting will occur with City staff and permitting agencies (USACE and DWR) will be invited. 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 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes No 4b. Stream mitigation requested: (linear feet) 141 4d. Buffer mitigation requested (DWR only): (square feet) 0 4f. Non -riparian wetland mitigation requested: (acres) 0 4h. Comments 4c. If using stream mitigation, what is the stream temperature: warm 4e. Riparian wetland mitigation requested: (acres) 0 4g. Coastal (tidal) wetland mitigation requested: (acres) 0 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. Yes No F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. 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: 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: 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:* This is a culvert replacement project to replace a failing culvert and re -open Bethabara Road for public use. City generated funds will be used for the project. 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. The project will replace a failing culvert crossing over Monarcas Creek on Bethabara Road, increase pavement widths 2' to 4' across the project area and increase sidewalks from 4' to 5' width for pedestrian traffic (blind population nearby). Due to its minimal transportation impact -causing activities, this project will neither influence nearby land uses nor stimulate growth. Therefore, a detailed indirect and cumulative effects study will not be necessary. 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? HDR completed habitat surveys for all federally listed species. Habitat was not identified for bog turtle or Monarch butterfly (candidate species) and a "No Effect" biological conclusion was reach for both species. Surveys for Schweinitz's sunflower and tricolored bat were performed October 16, 2023. A "No Effect" biological conclusion was reached for Schweintz's sunflower and an "Unknown" was concluded for tricolored bat (Proposed Endangered). There was no evidence of bats using the culvert, furthermore the tricolored bat is not an officially listed species and an "Unknown" biological conclusion was reached for this species. Tree clearing adjacent to Monarcas Creek (<0.25 acre) would try to be avoided during the tricolored bat pup season from May 15 to July 31, if possible, for the proposed listed species. The City is working with a contractor to mobilize and remove trees ahead of the May 15 date. A self -certification package was submitted to the USFWS Asheville Field Office on December 21,2023, to document these findings and is attached to the permit submittal. 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? Essential Fish Habitat (EFH) Mapper - This project is in Forsyth County which is not near any coastal or tidal habitat that would support EFH (i.e. salt marshes, oyster reef, etc.). 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? * HDR reviewed the NCSHPO GIS website to obtain information regarding historic resources present on the site or in the nearby properties. This review did not identify any listed properties or sites eligible for listing. 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: Coordination is being carried out with the local floodplain administrator to ensure compliance within the FEMA guidelines. 8c. What source(s) did you use to make the floodplain determination? FEMA map numbers 3710681700J (eff. 1/2/2009). Miscellaneous 0 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 Bethabarand_ePCN_Attachments_20240227.pdf 48.93MB File must be PDF or KMZ Comments Attachment List: -Figures (1-5) -Stream Impact Plan Sheet -Prefiling requests -Signed ePCN Agent Authorization -DMS Statement of Credit Availability -USFWS Coordination (IPaC/NHP Reports) -Photographs -65% Plan Sheets 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: Jessica Tisdale Signature Date 2/27/2024 a