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HomeMy WebLinkAbout20240462 Ver 1_ePCN Application_20240325DW 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# * 20240462 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: Polk County - Bridge 13 la. Who is the Primary Contact?* Patrick J. Breedlove 1b. Primary Contact Email: * pjbreedlove@ncdot.gov Date Submitted 3/25/2024 Nearest Body of Water North Pacolet River Basin Broad Water Classification C, Tr Site Coordinates Latitude: 35.22593 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Polk Is this a NCDMS Project Yes No Longitude: -82.24063 Reviewing Office* Central Office - (919) 707-9000 1c. Primary Contact Phone:* (828)508-7397 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: BP14.R042.3 W BS # (?) BP14.R042.3 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) Ile. Is there an Agent/Consultant for this project? Yes No 2. Owner Information 2a. Name(s) on recorded deed: NCDOT Division 14 2b. Deed book and page no.: 2c. Contact Person: Patrick Breedlove (Division PDEA Engineer) 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d. Address Street Address 345 Toot Hollow Rd Address Line 2 City Bryson City Postal / Zip Code 28713 2e. Telephone Number: (828)508-7397 2g. Email Address:* pjbreedlove@ncdot.gov 3. Applicant Information (if different from owner) 3a. Name: Patrick Breedlove 3b. Business Name: 3c. Address Street Address 345 Toot Hollow Road Address Line 2 city Bryson City Postal / Zip Code 28713 3d. Telephone Number: (828)508-7397 3f. Email Address:* pjbreedlove@ncdot.gov C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Tryon, NC 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: North Pacolet River 3b. Water Resources Classification of nearest receiving water: C. Tr 3c. What river basin(s) is your project located in?* Broad 3d. Please provide the 12-digit HUC in which the project is located. 030501051201 4. Project Description and History State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region North Carolina Country United States 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 project is an existing two-lane road and bridge. The vicinity is rural landscape with agricultural fields in the northwest and northeast quadrants, rural residential in the southwest quadrant, and pasture in the southeast quadrant. 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: 0.00 4g. List the total estimated linear feet of all existing streams on the property: 155 4h. Explain the purpose of the proposed project: * Bridge 740013 was built in 1959 and is currently closed to traffic due to a undermined abutment. Replacement of the bridge will restore access over this section of North Pacolet River. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project involves the replacement of NCDOT Bridge 740013 on SR 1128 (Howard Gap Rd) over North Pacolet River in Polk County, NC. The proposed 100-foot long by 27-foot wide (24" cored slab) two -span bridge would replace the existing 61'6"-foot long by 20-foot wide (timber deck on steel I-beam) two -span bridge at the existing location. The proposed roadway grade of the new structure will be approximately the same as the existing grade. Equipment to be used includes cranes, excavators, dump trucks, and paving equipment. 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 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 3. Stream Impacts u ❑ S1 3a. Reason for impact (?) Rip -Rap Bank Stabilization (Site 1) 3b.lmpact type* Permanent 3c. Type of impact* Bank Stabilization 3d. S. name* North Pacolet River 3e. Stream Type* (?) Perennial 3f. Type of Jurisdiction* Both 3g. S. width 35 Average (feet) 3h. Impact length* 97 (linearfeet) S2 Dewatering (Site 1A) Temporary Dewatering North Pacolet River Perennial Both 35 Aveage (feet) 20 (linearfeet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 31. Total temporary stream impacts: 97 20 3i. Total stream and ditch impacts: 117 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Bridge No. 740013 will be replaced on the existing alignment with no proposed in -water bents. The current offsite detour will be utilized, avoiding impacts from a temporary onsite crossing. Stormwater runoff from the proposed bridge will be discharged as far away from the river and at the lowest velocities as practicable. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Standard demolition practices will allow removal of existing bridge with no debris in the water. Construction activities inside environmentally sensitive areas have been limited to the maximum extent practicable and will be contained inside safety / silt fencing. 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: Impacts due to bank stabilization don't require permanent fill in the stream bed. These impacts don't constitute Loss of Waters of the U.S., and are not subject to compensatory mitigation. 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: Water resources in the project area are part of the Broad River basin and are not 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: The Stormwater Management Plan is included in the attached Permit Drawings. 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 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? Yes No Comments:* FHWA CE Completed (3.15.2024) 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 O 3b. If you answered "no," provide a short narrative description. Project is not a road widening project and does not increase the traffic capacity in the area. 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 What Federal Agency is involved? FHWA 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? USFWS iPAC 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?" NCDOT Human Environment Unit. Historic Architecture and Landscapes Assessment of Effects. 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: Approved as SFC Type B by NC Flood Plain Mapping Program 8c. What source(s) did you use to make the floodplain determination? DFIRM Panel 0535 Miscellaneous O 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 Polk County - B13 - USACE RGP 50 Cover Letter (3.25.24).pdf 57.21 KB Polk County - B13 - Project Maps.pdf 1.67MB Polk County - B13 - NC Hertiage Program (3.7.24).pdf 1.07MB Polk County - B13 - Bat Habitat Assessment Form (2023).pdf 78.58KB Polk County - B13 - Botanical Survey (2023).pdf 59.99KB Polk County - B13 - Archaeology No Survery Required.pdf 1.19MB Polk County - B13 - Architecture Effects Required.pdf 313.92KB Polk County - B13 - Architecture Effects Package (1.31.24).pdf 4.55MB Polk County - B13 - Architecture Assessment of Effects (3.1.24).pdf 613.73KB Polk County - B13 - Catawba Nation Response (9.25.23).pdf 184.79KB Polk County - B13 - PJD Final.pdf 1.01 MB Polk County - B13 - Final Permit Drawings (3.21.24).pdf 2.51 MB Polk County - B13 - Hydro Report.pdf 4.9MB Polk County - B13 - NRCS Soil Survey.pdf 325.22KB Polk County - B13 - CE Final (3.15.24).pdf 1.35MB Polk County - B13 - NCWRC Comment Letter (10.31.23).pdf 114.01KB Polk County - B13 - Site Photos.pdf File must be PDF or KMZ 1016.07KB 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: Patrick Jeremy Breedlove Signature Date 3/25/2024 L