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HomeMy WebLinkAbout20210695 Ver 3_ePCN Application_20240523DW 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# * 20240254 2 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Garcy Ward:garcy.ward Information for Initial Review la. Name of project: CSX Transportation (CSXT) Wilmington Bridge Renewal Project la. Who is the Primary Contact?* NCDOT (Anamika Laad) 1b. Primary Contact Email: * alaad@ncdot.gov Date Submitted 5/23/2024 Nearest Body of Water Cape Fear River Basin Cape Fear Water Classification SC Site Coordinates Latitude: 34.259874' A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Brunswick New Hanover Is this a NCDMS Project Yes No Longitude: -77.987978' Reviewing Office* Washington Regional Office - (252) 946-6481 1c. Primary Contact Phone:* (919)707-4705 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: P-5740 WBS # (1) 48156.1.1 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 Please provide the date of the previous submission. 11 /2/2023 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: 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 57 - Electric Utility Line and Telecommunications Activities — (frequently used) 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: N.C. Department of Transportation/CSX 2b. Deed book and page no.: 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2c. Contact Person: Anamika Laad 2d.Address Street Address 1 South Wilmington Street Address Line 2 city Raleigh Postal / Zip Code 27601 2e. Telephone Number: (919)707-4705 2g. Email Address:* alaad@ncdot.gov 4. Agent/Consultant (if applicable) 4a. Name: Doug Huggett 4b. Business Name: Moffatt and Nichol 4c.Address Street Address 305 Commerce Avenue, Suite 201 Address Line 2 city Morehead City Postal / Zip Code 28557 4d. Telephone Number: (919)645-0649 4f. Email Address:* dhuggett@moffattnichol.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (If appropriate) N/A 1c. Nearest municipality / town: Navassa 2. Project Identification 2a. Property Identification Number: 2c. Project Address Street Address Quality Drive @ Cape Fear River Address Line 2 city Navassa Postal / Zip Code 28451 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Cape Fear River 3b. Water Resources Classification of nearest receiving water: SC State / Province / Region NC Country USA 2f. Fax Number: (919)715-6580 State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: State / Province / Region NC Country USA O 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300050501 4. Project Description and History 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: " The CSX Transportation (CSXT) Wilmington Bridge Renewal Project, at MP BE 361.10, is part of the Wilmington Curve Realignment Project. This project will upgrade various components of the existing railroad draw bridge located off Quality Drive at the Cape Fear River within Brunswick and New Hanover Counties. Site conditions on the western side of the Cape Fear River include an industrial facility, access road, existing railway, and forested area. Site conditions on the eastern side of the Cape Fear River include the existing railway, with the remainder of the land vegetated with coastal wetland species. The railroad crossing of the Cape Fear River includes a railroad drawbridge with associated control house, equipment, and a fender system. 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 acre 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project:* The purpose of the proposed project is to provide upgraded electric and fiber optic services from the west side of the Cape Fear River to the draw bridge equipment located to the east of the draw bridge portion of the structure. Electrical and fiber optic services cannot be run suspended from the bridge to the control house and equipment due to the presence of the draw bridge portion of the bridge. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Four (4) new high -density polyethylene (HDPE) conduits will be installed by the horizontal directional drill (HDD) method to carry new power feeder conductors and a new fiber optic link across the Cape Fear River channel. Electrical HDPE conduits shall terminate to ground boxes on each side of the river. No section of HDPE conduit shall be exposed. All work shall be performed within existing right of way. The proposed conduit will be located a minimum of 20 feet below the river bottom (See Sheet EC-1 4). The contractor will verify the location of fender piles to avoid potential conflicts with existing structures and their foundations. No new piles are to be driven. The contractor shall also verify if any underground utilities exist in the proposed HDD route to avoid conflicts. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No O Unknown Comments: Axiom Environmental 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-2020-002390 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Scott Davis Agency/Consultant Company: Axiom Environmental Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Unknown 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? N/A D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Open Waters Pond Construction 2. Wetland Impacts Buffers 2a1 Reason (?) 2b. Impact type* (?)]2c. Type of W. 2d. W. name 2e. Forested* ��2f. Type of Jurisdicition'� (?) 2g. Impact area temp. matting T F."Brackish Marsh 7Bo7-P Access No Both 0.062 (acres) 2g. Total Temporary Wetland Impact 0.062 2g. Total Wetland Impact 0.062 2i. Comments: Temporary matting will be removed in its entirety immediately following project completion. 4. Open Water Impacts 2g. Total Permanent Wetland Impact 0.000 4a. Site # 4a1. Impact Reason 714b. Impact type 4c. Name of waterbody 4d. Activity type 714e. Waterbody type 4f. Impact area New Construction New Control House t Cape Fear River Bridge Estuary 0.01 4g. Total temporary open water Impacts: 4g. Total permanent open water impacts: 0.00 0.01 4g. Total open water impacts: 0.01 4h. Comments: Shading impacts only (0.002 AC). All impacts will take place within footprint of existing control house that is to be removed and replaced with a new 96sf control house. 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 Impacts to wetlands, including coastal wetlands, have been minimized through a project design that eliminates all permanent impacts to wetlands and waters, and will only have a temporary impact to wetlands of 0.062 acres. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Navigational impacts on vessels navigating the Cape Fear River have been avoided by requiring that any barges used during the construction process be moored outside of the Federal Channel. 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: There will be no permanent impacts to wetlands. Impacts to wetlands only involve 0.062 acres of temporary wetland impact due to the placement of timber matting surrounding one bore pit. The temporary matting will be removed in its entirety immediately following project completion. 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: This section of the Cape Fear River is not within a riparian buffer identified within one of the NC Riparian Buffer Projection Rules. 2. Stormwater Management Plan 2a. Is this a NC DOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No Comments: 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 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? Yes No Comments: * Project P-5740 was processed as an FRA Categorical Exclusion (CE). 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. Project is maintenance of an existing railroad and associated bridge. The proposed maintenance activities will not result in any increased rail capacity or other activities that would lead to increased development that could impact downstream water quality 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 5d. Is another Federal agency involved?* Yes No 5e. Is this a DOT project located within Division's 1-8? Yes No Unknown 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The USFWS Interactive Planning and Consultation (IPaC) tool and NOAA Fisheries website were consulted to identified potential species and habitats. Areas of suitable habitat were surveyed for protected species in 2001. Additional surveys took place in late 2023. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No Are there submerged aquatic vegetation (SAV) around the project vicinity?* Yes No Unknown 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * Per NMFS EFH Mapper, project located adjacent to & over EFH habitat for Coastal Migratory Pelagics and Snapper/Grouper. Given the minimal nature of the proposed work over the waters of the Cape Fear River (no work will take place within the waters of the Cape Fear River. 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? * Letter from Katherine Zeringue, Federal Preservation Officer, to Dr. Kevin Cherry, State Historic Preservation Officer (Attn: Renee Gledhill -Earley, Environmental Review Coordinator) noting that No Archaeological Survey was required. 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: Cape Fear River in this area has Zone AE floodplain with elevation of 9'. 8c. What source(s) did you use to make the floodplain determination? National Flood Hazard mapping site. 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 NCDOT-CSX Directional Bore -USACE Permit Narrative - May 21 2024.pdf 330.41 KB Appendix A - HDD at CSXT Navassa Bridge & Under the Cape Fear River, Wilmington, NC.pdf 364.82KB Appendix B - SHPO Response.pdf 171.02KB Appendix C - Frac-out Contingency Plan.pdf 644.98KB Appendix D - Bentonite Remediation Plan.pdf 135.83KB Appendix E - NCDOT-CSX Pre -Filing Confirmation. pdf 701.53KB NCDOT-CSX Directional Bore - Permit Drawing - May 2024.pdf 388.65KB File must be PDF or KMZ Comments - CAMA Major Permit also has been applied for. Please see attached Project Narrative and Project Drawings for additional details on the proposed project. - Please see attached the following appendices Appendix A HDD at CSXT Navassa Bridge & Under the Cape Fear River, Wilmington, NC Appendix B Letter that No Archaeological Survey is Required Appendix C Contractor Frac-Out Contingency Plan for Directional Drilling Appendix D Bentonite Mitigation Plan Appendix E NCDWR Pre -Filing Notification Confirmation 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: Anamika Laad Signature y�`�� �rrwru.(R' IA Date 5/23/2024 O