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