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HomeMy WebLinkAbout20240642 Ver 1_ePCN Application_20240503DW 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# * 20240642 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 1a. Name of project: Clay County - Bridge 79 1a. Who is the Primary Contact?* Patrick J. Breedlove 1b. Primary Contact Email:* pjbreedlove@ncdot.gov Date Submitted 5/3/2024 Nearest Body of Water Eagle Fork Creek Basin Hiwassee Water Classification Class C: Tr. Site Coordinates Latitude: 35.01864 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Clay Is this a NCDMS Project Yes No Longitude: -83.64434 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: WBS#M BP14.R010 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 Division 14 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 354 Toot Hollow Road Address Line 2 City Bryson City Postal / Zip Code 28713 2e. Telephone Number: (828)508-7397 2g. Email Address:* pjbreedlove@ncdot.gov C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (If appropriate) 1c. Nearest municipality I town: Hayesville 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: Eagle Fork Creek 3b. Water Resources Classification of nearest receiving water: Class C; Tr. 3c. What river basin(s) is your project located in?* Hiwassee 3d. Please provide the 12-digit HUC in which the project is located. 060200020105 4. Project Description and History State / Province / Region North Carolina Country United States 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: * Existing land use is an existing 40' 6" L x 20' W timber floor on steel I-beam bridge on a two-lane secondary road. Site is located in a rural residential area with forested areas adjacent to project site and agriculture fields nearby. 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: 0.0 4g. List the total estimated linear feet of all existing streams on the property: 300 4h. Explain the purpose of the proposed project:* Project is to replace an obsolete and deteriorating wood floor, steel I -Beam bridge structure with a cored slab bridge unit. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * NCDOT contractor will install erosion and sediment control measures. NCDOT contractor will install diversion. Contractor will remove the existing bridge unit and construct half of the new bridge structure. Traffic will be placed on the newly constructed bridge structure and the remainder of the bridge unit will be constructed. Riprap bank stabilization materials will be permanently installed once final grading allows. Diversion device will be removed. The proposed bridge will be constructed utilizing the following equipment: crane, excavator, dump trucks, pumps and various hand tools. 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 ❑ 3a. Reason for impact (?) 3b.lmpact type " 3c. Type of impact* 3d. S. name * 3e. Stream Type* 3f. Type of 3g. S. width 3h. I mpact (?) Jurisdiction* length* S1 Rip -Rap Bank Stabilization Permanent Bank Stabilization Eagle Fork Creek Perennial Both 20 138 (Site 1) Average (feet) (linearfeet) S2 Rip -Rap Bank Stabilization Permanent Bank Stabilization Eagle Fork Creek Perennial Both 20 135 (Site 2) Averege (feet) (linear feet) S3 Dewatering (Site 3) Temporary Dewatering Eagle Fork Creek Perennial Both 20 148 Average (feet) (linearfeet) S4 Dewatering (Site 4) Temporary Dewatering Eagle Fork Creek Perennial Both 20 145 Averege (feet) (linearfeet) SS Rip -Rap Bank Stabilization Permanent Bank Stabilization Eagle Fork Creek Perennial Both 20 10 (Site 5) Average (feet) (linear feet) S6 Dewatering (Site 6) Temporary Dewatering J agle Fork Creek Perennial Both 20 10 Averege (feet) (linearfeet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 31. Total temporary stream impacts: 283 303 3i. Total stream and ditch impacts: 586 3j. Comments E. Impact Justification and Mitigation 1. Avoidance and Minimization 0 `1 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The existing bridge is being replace with a structure that is adequate for the traffic needs in the same disturbed location. The cored slab bridge was designed for the minimum size criteria to ensure conveyance of traffic on the existing secondary road. The bridge -to -bridge replacement is designed to limit aquatic impacts to Eagle Fork Creek. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The on -site stream (Eagle Fork Creek) will be diverted/dewatered while the existing bridge is removed, the new bridge is constructed, and the riprap bank stabilization is installed. Erosion and sediment control measures will be installed prior to ground disturbance. Both of these measures will aid in the prevention of sediment into downstream habitats. 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: Project impacts (riprap for bank stabilization) does not require 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 a N.C. Riparian Buffer Protection Area. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? Yes No Comments: 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 Comments:* MCDC Completed. 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 only involves the replacement of the existing bridge unit due to deterioration and does not increase the capacity of roads in the area. Project is not a road widening or improvement. 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 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. 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 Culture Resource Specialist. 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 agreement with N.C. Floodplain Mapping. 8c. What source(s) did you use to make the floodplain determination?" N.C. Flood Maps - Flood Risk Information System. 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 Clay County - B79 - RGP 50 Permit Cover Letter.pdf 50.54KB Clay County - B79 - Figures.pdf 733.57KB Clay County - B79 - NC Hertiage Program (2023).pdf 3.93MB Clay County - B79 - Bat Habitat Assessment Form (2023).pdf 71.58KB Clay County - B79 - Botanical Survey (2023).pdf 52.39KB Clay County - B79 - Archaeology No Survey Required.pdf 1.73MB Clay County - B79 - Architecture No Survey Required.pdf 661.68KB Clay County - B79 - Hydro Report.pdf 5.02MB Clay County - B79 - PJD (Signed).pdf 1.01 MB Clay County - B79 - Permit Plans (FINAL).pdf 1.23MB Clay County - B79 - NRCS Soil Survey.pdf 285.64KB Clay County - B79 - MCDC (Final) 12.11.23.pdf 12.13MB Clay County - B79 - NCWRC Comment Letter (2023).pdf 115.39KB Clay County - B79 - USFWS Informal Consultation (4.8.24).pdf 146.28KB Clay County - B79 - Coordination Letter Catawba Response (4.9.24).pdf 184.73KB File ..at 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: Patrick Jeremy Breedlove Signature Date 5/3/2024 a