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HomeMy WebLinkAbout20240501 Ver 1_ePCN Application_20240402i 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# * 20240501 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: Replace structure no. 292085 on SR 1436 (Pinebrook School Road) over UT to Sugar Creek 1a. Who is the Primary Contact?* Stephanie Braquet-NCDOT Div 9 Environmental Specialist 1b. Primary Contact Email: * scbraquet@ncdot.gov Date Submitted 4/2/2024 Nearest Body of Water UT to Sugar Creek Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: Longitude: 35.9655-80.5123 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Davie Is this a NCDMS Project Yes No Reviewing Office* Central Office - (919) 707-9000 1c. Primary Contact Phone:* (336)747-7800 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: BP9.0002 WBS # (1) BP9.0002.1 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: 03 - Maintenance 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 Division 9 2b. Deed book and page no.: 2c. Contact Person: Stephanie Braquet 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d. Address Street Address 375 Silas Creek Parkway Address Line 2 city Winston-Salem Postal / Zip Code 27127 2e. Telephone Number: (336)747-7800 2g. Email Address:* scbraquet@ncdot.gov C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (If appropriate) 1c. Nearest municipality I town: Redland, NC 2. Project Identification 2a. Property Identification Number: 2c. Project Address Street Address Pinebrook School Road Address Line 2 City Redland Postal / Zip Code 27028 3. Surface Waters 3a. Name of the nearest body of water to proposed project: UT to Sugar Creek 3b. Water Resources Classification of nearest receiving water: C 3c. What river basins) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030401011402 4. Project Description and History State / Province / Region North Carolina Country United States 2f. Fax Number: (336)703-6693 2b. Property size: State / Province / Region North Carolina Country United States 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: * Structure number 292085 on SR 1436 (Pinebrook School Road) over UT to Sugar Creek is located in Davie County. NCDOT proposes to replace the existing 60" corrugated metal pipe (CMP) with a 72" corrugated aluminum pipe (CAP). The project study area totals approximately 1.88 acres with the majority of the project located in forested open space. There is prime farmland soil within the project area and NRCS was consulted. Land use in the surrounding area consists of residential development, agriculture fields, and undeveloped forest. Two streams were delineated in the project study area, Sugar Creek and UT to Sugar Creek, with the latter being impacted by BP9.0002. There are no wetlands in the project study area. 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: 120 4h. Explain the purpose of the proposed project: * The purpose of the project is to replace structure 292085 which is structurally deficient. The pipe is considered structurally deficient due to deterioration, erosion, and being under -sized. L 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * BP9.0002 (previously 17BP.9.C.4) proposes to replace structure number 292085 on Pinebrook School Road (SR 1436) over UT to Sugar Creek in Davie County. The existing 60" corrugated metal pipe (CMP) with a stone headwall will be replaced with a 72" corrugated aluminum pipe (CAP) buried one -foot with a headwall. The CAP will have one -foot sills inset at a 3-foot minimum on the inlet and outlet ends. The existing two (10-foot) travel lanes will stay the same width and the 7-foot grassed shoulders will also stay the same with the addition of guardrail. The design follows sub regional tier guidelines. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No O Unknown Comments: Delineations for potential jurisdictional resources occurred in October 2023 and are documented in the Natural Resources Technical Report (NRTR). 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): Stephanie Braquet Agency/Consultant Company: NCDOT 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 Buffers Open Waters Pond Construction 3. Stream Impacts V F] 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 S1 pipe Permanent Culvert UT to Sugar Creek Perennial Both 13 Aveage (feet) (linear feet) S2 channel improvements Permanent Fill UT to Sugar Creek Perennial Both Average (feet) (linear feet) S3 dewatering for pipe Temporary Dewatering UT to Sugar Creek Perennial Both 20 replacement Average (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 21 20 31. Total stream and ditch impacts: 41 3j. Comments: Total proposed permanent stream impacts include 21 (0.001 ac) linear feet of the culvert and channel improvements. Channel improvements include bank excavation and fill to improve stream transition from the culvert outlet. Total proposed temporary impacts include 20 linear feet (0.0017 ac) of dewatering for the pipe replacement and channel improvements. Mitigation is proposed at a 2:1 ratio for the 21 linear feet of permanent impacts totally 42-linear feet of stream mitigation associated with BP9.0002. E. Impact Justification and Mitigation O 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: This project is a pipe replacement of a 60-inch corrugated metal pipe and deteriorating stone headwall. The existing pipe will be replaced with a 72-inch corrugated aluminum pipe culvert and headwall and one -foot sills. New guardrail will also be added. Proposed culvert to be buried to facilitate aquatic passage; proposed culvert will also be slightly realigned to better fit the existing channel with minor channel improvements at the culvert outlet end to accommodate this realignment. Lower outlet stream velocities are anticipated due to the larger diameter of the culvert and the use of Class I riprap at the outlet to stabilize the channel. Grassed shoulders and ditches to convey stormwater runoff from the roadway facility; ditch side slopes designed to match the existing conditions or to be no steeper than 2: 1. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All construction activities will be performed in accordance to the applicable requirements of the 2024 NCDOT Standard Specifications for Roads and Structures. The erosion and sediment control plans will comply with the regulations set forth by the NCG-010000 General Construction Permit. Erosion control measures will include placement of silt fences around the construction zone. Construction activities will be completed from upland areas. 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 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Scout Mitigation Site 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Stream 42 3c. Comments 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 in a state regulated riparian buffer basin. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? Yes No Comments: The project is in compliance with NPDES permit NCS000250. Please see attached Stormwater Management Plan (SMP). 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 Comments:* A Categorical Exclusion was prepared for environmental documentation under NEPA. It is attached for reference. 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. No additional development is anticipated as a result of this project because the project is the replacement of a structurally deficient pipe in a rural 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 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? IPaC and Natural Heritage Data Explorer 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? National Oceanic and Atmospheric Administration 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 project was reviewed in accordance with the Section 106 Programmatic agreement by NCDOT cultural resource staff, and that the Catawba Nation was consulted for impacts to tribal resources. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No 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 BP9.0002 ePCN and supporting documentation. pdf 13.83MB File must be PDF or KMZ 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: Stephanie Braquet Signature Date 4/2/2024 M