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HomeMy WebLinkAbout20240343 Ver 1_ePCN Application_20240228i 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# * 20240343 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: Replace Bridge 245 on SR 1414 over Branson Creek in Cumberland County 1a. Who is the Primary Contact?* NCDOT Division 6- Chris Underwood 1b. Primary Contact Email: * csunderwood@ncdot.gov Date Submitted 2/28/2024 Nearest Body of Water Branson Creek Basin Cape Fear Water Classification C Site Coordinates Latitude: Longitude: 35.050219-78.914080 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Cumberland Is this a NCDMS Project Yes No Reviewing Office* Central Office - (919) 707-9000 1c. Primary Contact Phone:* (910)364-0684 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: BP6-R006 W BS # (?) BP6.R006.1 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 431 Transportation Drive Address Line 2 City Fayetteville Postal / Zip Code 28302 2e. Telephone Number: (910)364-0684 2g. Email Address:* csunderwood@ncdot.gov C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (If appropriate) 1c. Nearest municipality I town: Fayetteville 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: Branson Creek 3b. Water Resources Classification of nearest receiving water: C 3c. What river basin(s) is your project located in? * Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300040704 4. Project Description and History State / Province / Region NC Country USA 2f. 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 project vicinity consists of forested communities and moderate residential development. 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: 0.09 4g. List the total estimated linear feet of all existing streams on the property: 306 4h. Explain the purpose of the proposed project: * Culvert No. 245 was built in 1940. Due to the increasing degree of deterioration that can no longer be addressed by reasonable maintenance activities, Culvert No. 245 is approaching the end of its useful life. Replacement of the culvert will result in safer traffic operations. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The replacement structure will be a dual 10-foot by 10-foot RCBC buried one -foot with sills and a 6-inch top edge bevel. The proposed culvert will be constructed on existing alignment and include two 18-foot lanes with curb and gutter. Project construction length is approximately 260-feet. Traffic will be detoured off -site during construction. Standard road building equipment such as dump trucks, bulldozers, 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 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 Greg Price, Chris Underwood NCDOT 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 O 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 Jurisdicition" ?) 2g. Impact area * Fill P Bottomland Hardwood Forest WA Yes Both 0.011 (acres) Mechanized Clearing P Ftt.mland Hardwood Forest WA Yes Both 0.018 acres) Hand Clearing T �FttmlandFores Hardwood t WA Yes Both 0.008 (acres) 2g. Total Temporary Wetland Impact 0.008 2g. Total Wetland Impact 0.037 2i. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.029 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* 3f. Type of 3g. S. width 3h. Impact ?) Jurisdiction* length* g1 1 Permanent Culvert Branson Creek Perennial Both 20 30 Averege (feet) (linear feet) S2 1 Temporary Culvert Branson Creek Perennial Both 20 11 Average (feet) (linear feet) S3 1 Temporary Culvert SA Perennial Both 3Averege 3(inearfeet) (reeq S4 2 Permanent Culvert Branson Creek Perennial Both 20 33 Averege (feet) (linear feet) S5 2 Permanent Bank Stabilization Branson Creek Perennial Both -] 20 Average (feet) 11 (linear feet) E�2 Temporary Bank Stabilization Branson Creek Perennial Both 20 Aveage (feet) 10 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 74 31. Total stream and ditch impacts: 126 3j. Comments 4. Open Water Impacts 3i. Total temporary stream impacts: 52 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type �114e. Waterbody type 4f. Impact area Channel Change P TA Fill Tributary 0.00 Channel Change T TA Fill Tributary 0.00 4g. Total temporary open water Impacts: 0.00 4g. Total open water impacts: 0.00 4h. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 4g. Total permanent open water impacts: 0.00 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Fill slopes in jurisdictional wetlands will be 3:1. See SMP for additional minimization measures. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: NCDOT's Best Management Practices for Construction and Maintenance Activities will be adhered to during demolition and 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: Proposed impacts do not exceed compensatory mitigation thresholds. 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 not within the portion of the Cape Fear River Basin subject to riparian buffer rules. 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 Stormwater Management Plan. G. Supplementary Information O O 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:* NC Minimum Criteria Determination Checklists do not require submittal to the State Clearing House. 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 is a "replace in place" with little to no additional impervious surface and will neither influence nearby land uses nor stimulate growth. A detailed indirect or 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 5d. Is another Federal agency involved?* Yes No 5e. Is this a DOT project located within Division's 1-8? Yes No V Unknown 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural Heritage Program Database, USFWS-IPaC, and biological surveys for protected species with habitat present within the project study area, which includes pondberry and Michaux's sumac. No specimens of either species were observed during surveys. Habitat does not exist for the American alligator, red -cockaded woodpecker, rough -leaved loosestrife, or American chaffseed. Potential impacts to the proposed tricolored bat and northern long- eared bat are addressed by the respective PCO/PBO for each species. 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 EFH 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? SEPA documentation 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: NCDOT Hydraulics Unit coordination with FEMA 8c. What source(s) did you use to make the floodplain determination?" FEMA Floodplain Maps 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 BP6.R006 Permit Application Attachments.pdf 22.48MB File must be PDF or KMZ Comments Permit drawings, IPaC Species Report, MCDC, NRTR, Aquatic Species Survey Report, and T&E Update Memo are attached. 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: Chris Underwood Signature A Date w 2/28/2024 8