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HomeMy WebLinkAbout20240673 Ver 1_ePCN Application_20240510DW 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# * 20240673 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: BR-0086 la. Who is the Primary Contact?* Garry Wright 1b. Primary Contact Email: * glwright@ncdot.gov Date Submitted 5/10/2024 Nearest Body of Water Neuse River Basin Neuse Water Classification WS-V;NSW Site Coordinates Latitude: 35.481675 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Johnston Is this a NCDMS Project Yes No Longitude: -78.369433 Reviewing Office* Central Office - (919) 707-9000 1c. Primary Contact Phone:* (252)725-5439 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: BR-0086 WBS # (?) 67086.1.1 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: Garry Wright 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d. Address Street Address 509 Ward Boulevard Address Line 2 city Wilson Postal / Zip Code 27895 2e. Telephone Number: (252)725-5439 2g. Email Address:* glwright@ncdot.gov 3. Applicant Information (if different from owner) 3a. Name: Garry Wright 3b. Business Name: NCDOT 3c.Address Street Address 509 Ward Boulevard Address Line 2 city Wilson Postal / Zip Code 27895 3d. Telephone Number: (252)725-5439 3f. Email Address:* glwright@ncdot.gov C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Smithfield, 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: Neuse River 3b. Water Resources Classification of nearest receiving water: WS-V;NSW 3c. What river basin(s) is your project located it * Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202011105 4. Project Description and History State / Province / Region NC Country Wilson 2f. Fax Number: State / Province / Region NC Country USA 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:* This is a bridge replacement project with staged construction. The overall footprint of the bridge will shift slightly upstream to account for wider lanes and pedestrian access. The area is located within the city limits of Smithfield, NC with some industrial and residential areas nearby. Unimproved land in the area is predominantly hardwood forest and wetlands. A railroad bridge crossing is located just downstream of the project. 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: 1.79 4g. List the total estimated linear feet of all existing streams on the property: 175 4h. Explain the purpose of the proposed project:* The purpose of this project is to replace bridge 500070 on US301 over the Neuse River in Smithfield, NC. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * This is a bridge replacement project with a slight shift in overall footprint upstream to accommodate wider lanes and pedestrian access. The project is designed to minimize environmental impacts to the maximum extent practicable. The NEPA/SEPA process was followed. All construction equipment will be staged and operated from upland areas. DOT will also install silt fencing to protect the streams and wetlands adjacent to the project. Safety fencing will be used to delineate jurisdictional and environmentally sensitive areas from encroachment. PNG will be relocating an existing 8" steel line which will be installed via HDD. The drill will be cross under the river with a depth of approximately 20' below the riverbed. The 8" steel main will be installed with a bending radius of 1,000' and be approximately 2,000' in horizontal length. Windstream will be performing a direction bore under the Neuse River (see attached plans). 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No O 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): David Cooper Agency/Consultant Company: VHB Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 12/12/2023 is the last email correspondence 9/13/2024 field visit was performed 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? No 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 2. Wetland Impacts 2al Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition * ��2g. (?) Impact area S1 Bridge Fill P ffmland Hardwood Forest Wetland B Yes ff--] 0.139 (acres) S1 Mechanized Clearing P f ottomland Hardwood Forest Wetland B Yes Both 0.098 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.237 2i. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.237 3a. Reason for impact (?) 3b.lmpact type" 3c. Type of impact* 3d. S. name* 3e. Stream Type* 3f. Type ofwidth 3h. Impact ❑ (?) Jurisdiction * length* g1 Temporary Aceess Temporary Workpad/Causeway Neuse River Perennial Both 140 175 Average (feet) (linear feet) S2 Bank Stabilization Permanent Bank Stabilization J Neuse River Perennial Both 140 20 Average (feet) (linear feet) S3 Bank Stavilization Permanent Bank Stabilization J Neuse Perennial Both 140 50 Aveage (feet) (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 3L Total permanent stream impacts: 31. Total temporary stream impacts: 70 175 3L Total stream and ditch impacts: 245 3j. Comments 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Neuse Tar -Pamlico Catawba Randleman Goose Creek Jordan Lake Other 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Allowable W/ Mitigation P Neuse River Yes 21,553 5,777 6h. Total buffer impacts: Total Temporary impacts: Total Permanent impacts: Total combined buffer impacts: 6L Comments: Zone 1 Zone 2 0.00 0.00 Zone 1 Zone 2 21,553.00 5,777.00 Zone 1 Zone 2 21,553.00 5,777.00 E. Impact Justification and Mitigation 1. Avoidance and Minimization O 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Project footprint was kept the minimum required to meet safety requirements. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The NEPA/SEPA process was followed. All construction equipment will be staged and operated from upland areas. DOT will also install silt fencing to protect the streams and wetlands adjacent to the project. Safety fencing will be used to delineate jurisdictional and environmentally sensitive areas from encroachment. 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: Howell Woods (Wetlands) Marks Creek (Buffer) 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Riparian buffer 0.237 @ 2:1 3c. Comments 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 6b. If yes, then identify the square feet of impact. 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 Roadway Construction 21,553 3 64,659 Zone 2 Roadway Construction 5,777 1.5 8,666 6f. Total buffer mitigation required 73325 6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed? Yes No 6i. If no, then discuss what type of mitigation is proposed. Buffer was debited from Marks Creek Mitigation Site 6j. 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 What type of SCM are you providing? Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Other SCM that removes minimum 30 % nitrogen Proposed project will not create concentrated stormwater flow through the buffer 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No Comments: See EC Plans 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: * Federal Administrative Action (Categorical Exclusion) was completed and is available upon request. 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 Waterer 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. 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. Raleigh 5d. Is another Federal agency involved?* Yes No Unknown What Federal Agency is involved? FHWA NMFS 5e. Is this a DOT project located within Division's 1-8? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Red -Cockaded Woodpecker Biological Conclusion: No Effect A North Carolina National Heritage Program (NCNHP) data explorer query for the BR-0086 project area was run on March 20, 2023 and indicated no known populations of red -cockaded woodpeckers within 1.0 mile of the study area. Aerial images were reviewed for pine stands within 0.5 mile of the project study area for potential suitable foraging habitat. Potentially suitable foraging habitat was buffered by a 0.5-mile radius and evaluated for potentially suitable nesting habitat (pine stands over 60 years). The identified potentially suitable nesting habitat was targeted for nest surveys. A field survey of the potentially suitable nesting habitat was conducted on March 15, 2023. Visual inspection of the project area confirmed that a small amount of suitable RCW foraging and nesting habitat exists within the study area. Field investigations of potential nesting habitat within 1.0 mile of the project study area was conducted, no cavity trees were located. Although some pine stands in the study area and surrounding half -mile radius are old enough to be considered foraging habitat, the understory consists of tall shrubs and hardwood saplings, and lacks the herbaceous components generally associated with quality foraging habitat. No longleaf pine stands occur within or near the study area; all pine stands are comprised of loblolly pine. Due to the lack of known occurrences within 1 mile of the study area, the marginal quality of foraging and nesting habitat, and the lack of cavity trees observed within a half -mile radius of the study area, we have determined that the biological conclusion for this species is No Effect. Northern long-eared bat The US Fish and Wildlife Service has issued a programmatic biological opinion (PBO) in conjunction with the Federal Highway Administration (FHWA), the US Army Corps of Engineers (USACE), and NCDOT for the northern long-eared bat (NLEB) (Myotis septentrionalis) in eastern North Carolina. The PBO covers the entire NCDOT program in Divisions 1-8, including all NCDOT projects and activities. Although this programmatic covers Divisions 1-8, The USFWS only considers NLEBs to be known or potentially found in 30 counties within Divisions 1-8. NCDOT, FHWA, and USACE have agreed to two conservation measures which will avoid/minimize mortality of NLEBs. These conservation measures only apply to the 30 current known/potential counties shown on Figure 2 of the PBO at this time. The programmatic determination for NLEB for the NCDOT program is May Affect, Likely to Adversely Affect. The PBO will ensure compliance with Section 7 of the Endangered Species Act for ten years (effective through December 31, 2030) for all NCDOT projects with a federal nexus in Divisions 1-8, which includes Johnston County, where BR-0086 is located. Tricolored Bat The US Fish and Wildlife Service has issued a programmatic conference opinion (PCO) in conjunction with the Federal Highway Administration (FHWA), the US Army Corps of Engineers (USACE), and NCDOT for the tricolored bat (TCB) (Perimyotis subflavus) in eastern North Carolina. The PCO covers the entire NCDOT program in Divisions 1-8, including all NCDOT projects and activities. NCDOT, FHWA, and USACE have agreed to three conservation measures (listed in the PCO) which will avoid/minimize take to TCBs. These conservation measures apply to all counties in Divisions 1-8. The programmatic determination for TCB for the NCDOT program is May Affect, Likely to Adversely Affect. Once the TCB is officially listed, the PCO will become the programmatic biological opinion (PBO) by formal request from FHWA and USACE. The PBO will ensure compliance with Section 7 of the Endangered Species Act for approximately five years (effective through December 31, 2028) for all NCDOT projects with a federal nexus in Divisions 1- 8, which includes Johnston County, where BR-0086 is located. Dwarf Wedgemussel Biological Conclusion: MA-LAA A PBO payment was verified on 12/29/2022. Atlantic Pigtoe Biological Conclusion: MA-LAA A PBO payment was verified on 12/29/2022. Tar River Spiney Mussel Biological Conclusion: MA-LAA A PBO payment was verified on 12/29/2022. Carolina Madtom Biological Conclusion: MA-LAA A PBO payment was verified on 1/25/2023. Neuse River Waterdog Biological Conclusion: MA-LAA A PBO payment was verified on 1/25/2023. Atlantic Sturgeon Biological Conclusion: MA-NLAA An informal Section 7 Consultation request was submitted on September 27, 2023. On October 13, 2023 NMFS responded with a letter of concurrence (see attached). 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 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 NCDOT Archeologist and Architectural Historian were consulted. See attached historic architecture and landscapes no survey required form. See attached archaeological no survey required form. 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: The project was evaluated under the standard NCDOT FEMA MOA requirements. Bridge Survey & Hydraulic Design Report Available Upon Request 8c. What source(s) did you use to make the floodplain determination? NCDOT Hydraulics Report and NCFIRS 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 SERO-2022-02018 BR-0086 Over Neuse River LOC Final.pdf 196.01 KB Pages from BR-0086_Windstream_EncApproval.pdf 3.86MB Johnston70NoSurveyConfirmation.pdf 1.69MB Johnston 70 No Survey form.pdf 846.83KB BR0086_Buffer_ Permit_Drawings _3_6_24.pdf 3.59MB BR0086_Wetlands_Permit_Drawings_3_4_24.pdf 3.52MB BR-0086 Sturgeon Conservation Measures.pdf 163.06KB 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: Garry Wright Signature -tty0/*j 0 W Date 5/10/2024 a