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HomeMy WebLinkAbout20240682 Ver 1_ePCN Application_20240514i 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# * 20240682 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Mary Plummer:mary.plummer Information for Initial Review la. Name of project: Replacement of Bridge No. 030231 on SR 1637 (Jacks Branch Road) over Cabin Branch 1a. Who is the Primary Contact?* Joel Howard 1b. Primary Contact Email: * jmhoward@ncdot.gov Date Submitted 5/14/2024 Nearest Body of Water Cabin Creek Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: Longitude: 35.059559-80.145576 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Anson Is this a NCDMS Project Yes No Reviewing Office* Mooresville Regional Office - (704) 663-1699 1c. Primary Contact Phone:* (704)983-4423 O 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: BP10-R033 W BS # (?) BP10.R033 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 10 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 716 West Main Street Address Line 2 City Albemarle Postal / Zip Code 28001 2e. Telephone Number: (704)983-4423 2g. Email Address:* jmhoward@ncdot.gov C. Project Information and Prior Project History 1. Proiect Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality I town: Wadesboro 2. Project Identification 2a. Property Identification Number: Roadway easement 2c. Project Address Street Address 3759-3755 Jacks Branch Road Address Line 2 City Wadesboro Postal / Zip Code 28170 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Cabin 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. 030401040105 4. Project Description and History State / Province / Region NC Country USA 2f. Fax Number: 2b. Property size: 9.7 State / Province / Region NC Country USA 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: Rural roadway. 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: 1.04 4g. List the total estimated linear feet of all existing streams on the property: 756 4h. Explain the purpose of the proposed project: * The primary purpose of the proposed project is to improve safety of Bridge No. 231, which was built in 1951 and has been deemed functionally obsolete. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project proposes to replace bridge No. 231, which is over Cabin Branch on SR 1637 (Jacks Branch Rd.) in Anson County, approximately 3.5 miles southwest of Ansonville. The existing structure is approximately 25 feet long and 20 feet wide. SR 1637 has a posted speed limit of 55 miles per hour (mph). The curve of the road at the bridge has a radius of approximately 450 feet with a designed speed of 35 mph. The replacement structure will be a bridge approximately 55 feet long and 33 feet wide, with approach slabs 11 feet long and 33 feet wide on both ends of the new bridge The roadway on the structure will have 2 lanes 10 feet wide and shoulders 3 feet and 11 inches wide. The bridge length is based on preliminary design information and is set by hydraulic requirements. Project construction will extend approximately 140 feet to the south of the approach slab and 105 feet to the north of the approach slab. The approaches will provide two 10-foot lanes and 3-foot shoulders. The roadway is designed as a Rural Local with a 40-mph design speed. Standard road construction and bridge installation equipment such as cranes, excavators, dump trucks, and similar vehicles would be used for the project. Proper erosion and sedimentation control measures would be employed throughout the project. 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: SAW-2023-00478 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Byron Levan and Trevor Hall Agency/Consultant Company: Three Oaks Engineering Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR PJD - April 28, 2023. 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 r' Buffers Open Waters Pond Construction 2. Wetland Impacts U 2a1 Reason (?) 2b. Impact type * M 2c. Type of W. * 2d. W. name 2e. Forested * 2f. Type of Jurisdicition * �29. Impact (?) area * Conversion, construction access P Fttomland Hardwood Forest WA Yes Corps 0.005 (acres) Fill, roadway P mland Hardwood Forest ff WA Yes Corps 0.010 (acres) Conversion, construction access P Headwater Forest WC Yes Corps 0.005 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.020 2g. Total Permanent Wetland Impact 0.020 2i. Comments: There are 0.010 acres of proposed permanent wetlands impacts from roadway fill for the bridge replacement. There are 0.010 acres of proposed permanent wetland impacts from mechanized clearing for the bridge replacement. Wetland areas cleared of vegetation, will be used for the bridge replacement, and then maintained for future access. There are a total of 0.020 acres of proposed permanent wetland impacts. 3. Stream Impacts ❑ g1 3a. Reason for impact (?) Bank stabilization 3b.lmpact type" Permanent 3c. Type of impact* Bank Stabilization Jabin 3d. S. name* Branch 3e. Stream Type* (?) Perennial 3f. Type ofwidth Jurisdiction* Both 14 Aveage (feet) 3h. Impact length* 58 (linear feet) fl Dewatering, construction aCCeSS Temporary Dewatering Cabin Branch Perennial Both h;J�l 31. Total jurisdictional ditch impact in square feet 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 58 17 31. Total stream and ditch impacts: 75 3j. Comments: There are 58 linear feet of proposed permanent stream impacts for the bridge replacement. There are 17-linear feet of proposed temporary stream impacts for dewatering and construction access for the bridge replacement. There are a total of 75-linear feet of proposed permanent and temporary stream impacts. E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The proposed wetland and stream impacts have been kept to the minimum possible to allow for the infrastructure installation. The planned limits of disturbance for construction were reduced following the wetland delineation to reduce potential impacts. The proposed impact amounts would be a maximum of potential impacts to the features. The actual construction efforts to replace the infrastructure will likely require less than the proposed totals and will be the minimum necessary to install the infrastructure. The stream bed in areas of proposed temporary stream impacts will be restored to pre -project elevations and widths using natural stream bed material. Temporarily impacted stream banks in planned maintained easements will be restored through regrading, seeding, and woven coir fiber mat and then be maintained for future maintenance access. Temporarily impacted stream banks outside of planned maintained easements will be restored through regrading, seeding, woven coir fiber mat, and live staking of deep-rooted native species. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: In wetlands and across stream channels, stumps will be grubbed only as needed to install the infrastructure, and remaining stumps will be cut off at grade level. The general stripping of topsoil within wetlands along the construction corridor will be avoided. Heavy equipment working in wetlands will be placed on mats to minimize soil disturbance and compaction. Work in wetlands and streams will be limited to only what is necessary to install the infrastructure. All work in or adjacent to streams will be conducted so that the flowing stream does not come in contact with the disturbed area. There will be no change in pre -construction contours of waters of the United States in temporarily impacted areas. Erosion control matting that incorporates plastic mesh and/or plastic twine will not be used along streambanks or within wetlands. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. 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 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes No 4b. Stream mitigation requested: (linear feet) 4d. Buffer mitigation requested (DWR only): (square feet) 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) Q V 4f. Non -riparian wetland mitigation requested: (acres) 4g. Coastal (tidal) wetland mitigation requested: 0.020 (acres) 4h. Comments Mitigation of 0.020 riparian wetland credits is proposed for 0.020 acres of permanent wetland impacts for fill and mechanized clearing associated with the bridge replacement. A mitigation acceptance letter for 0.020 riparian wetland credits from the North Carolina Division of Mitigation Services is attached. 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: Not in protected buffer watershed. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? Yes No Comments: A stormwater management plan is attached along with the permit drawings. Project designed to meet BMP standards outlined in NCDOT's Individual NPDES permit NCS000250. 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 Comments: * The proposed project qualifies as a minimum criteria project (checklist attached). 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 will not alter travel patterns, reduce travel time or open areas for development or redevelopment. This project will not influence nearby land uses or stimulate growth. 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 PC Q 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? USWFS IPAC and scoping with USFWS Asheville. 6. Essential Fish Habitat (Corps Requirement) Ga. 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? EFH 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? A Historic Architecture and Landscapes No Survey Required Form for the proposed project was completed by a NCDOT Architectural Historian on December 14, 2021 (attached). A No Archaeological Survey Required Form for the proposed project was completed by a NCDOT Archaeologists on November 29, 2021 (attached). A tribal coordination letter was distributed on May 10, 2024 to the Catawba Indian Nation (attached). As of the date of this letter a response has not been received. A response once received will be forwarded. 8. Flood Zone Designation (Corps Requirement) Be. Will this project occur in a FEMA-designated 100-year floodplain? Yes No 8b. If yes, explain how project meets FEMA requirements: Hydraulics Unit coordination with FEMA. 8c. What source(s) did you use to make the floodplain determination?" FEMA floodplain mapper. 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 BP10.R033 cover letter_5_14_2024 (002).pdf 303.44KB BP10.R033 attachments _5_14_2024 (002).pdf 13.06MB 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: Joel M. Howard Signature IW M. h ow. #P Date 5/14/2024