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HomeMy WebLinkAbout20191061 Ver 1_PCN Form Submission_20190812DWR IDIOM n of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 21nitial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* C Yes r No Change only if needed. BIMS # Assigned 20191061 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Select Project Reviewer* Amy Chapman:eads\aschapman Information for Initial Review 1a. Name of project: Sr 1345 Foster Creek Bank Repair at Bridge 440004 1a. Who is the Primary Contact?* Dave McHenry 1b. Primary Contact Email:* dgmchenry@ncdot.gov Date Submitted 8/12/2019 Nearest Body of Water Foster Creek Basin French Broad Water Classification WS-II Tr HQW Version# * 1 Reviewing Office* Central Office - (919) 707-9000 1c. Primary Contact Phone:* (828)586-2141 Site Coordinates Latitude: Longitude: 35.401626-82.592194 AProcessing Information U County (or Counties) where the project is located: Henderson Is this project a public transportation project?* r Yes r' No Is this a NCDOT Project?* r Yes r No (NCDOT only) T.I.P. or state project number: WBS#M 14B.204411 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What types) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r' Regional General Permit (RGP) r' Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? t' Yes r No Nationwide Permit (NWP) Number: 13 - Bank Stabilization NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: fJ 401 Water Quality Certification - Regular F Non-404 Jurisdictional General Permit F Individual Permit le. Is this notification solelyfor the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: r 401 Water Quality Certification - Express r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r- Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r- Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No F. Applicant Information 1d. Who is applying for the permit? [J Owner r Applicant (other than owner) le. Is there an Agent/Consultant for this project? f Yes r- No 2. Owner Information 2a. Name(s) on recorded deed: NCDOT Division 14 2b. Deed book and page no.: 2c. Responsible party: 2d.Address Street Address 253 Webster Road Address Line 2 city Sylva Postal / Zip Aide 28779 2e. Telephone Number: (828)586-2141 2g. Email Address:* State / Frwinre / R�gion NC Q�untry USA 2f. Fax Number: * r Yes r No r Yes r No dgmchenry@ncdot.gov C. Project Information and Prior Project History U 1. Project Information 1b. Subdivision name: (i appropriate) 1c. Nearest municipality/ town: Mills River 2. Project Identification 2a. Property Identification Number: 2c. Project Address Street Address Address line 2 City Fbstal / Zip Qxde 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Foster Creek 3b. Water Resources Classification of nearest receiving water:* WS-II Tr HQW 3c. What river basin(s) is your project located in?* French Broad 3d. Please provide the 12-digit HUC in which the project is located. 060101050200 4. Project Description and History 2b. Property size: State / rtovince / Fbgion Oxuntry 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 site is an existing bridge on North Mills River Road over Foster Creek. The area is mixed agricultural and residential uses. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) 440004_Henderson_Env Map.pdf 309.21KB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) 440004_Soils.pdf 213.57KB 4f. List the total estimated acreage of all existing wetlands on the property: 0 4g. List the total estimated linear feet of all existing streams on the property: 100 4h. Explain the purpose of the proposed project:* Foster Creek makes a series of very tight radii meanders immediately above this bridge. This pattern has been present for many years, but recent heavy rainfall events this spring and summer have exacerbated erosion in these meanders and the erosion was washing out the eastern vangwall and road shoulder of the bridge. This became an urgent situation to maintain the facility. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* A trackhoe and dump truck were used to place jersey barriers faced with shot rock along the eroded road shoulder and wing wall. The armoring had to extend upstream of the road shoulder into an actively eroding agricultural field edge for a smooth transition that would limit further erosion. 4j. Please upload project drawings for the proposed project. 440004_Photos 2019.pdf 524.11 KB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the propertyor proposed impact areas?* F Yes r No O Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Dave McHenry Agency/Consultant Company: NCDOT Other: 5d1. Jurisdictional determination upload 6. Future Project Plans 6a. Is this a phased project?* r Yes O No 7b. If yes, explain. We are pursuing a more permanent fix to this unstable creek morphology upstream of the bridge, though it uncertain if funding will be available for this in the near -term or long-term. This may require some grade control devices to help avoid head -cutting. It may also require additional natural design techniques such as bank sloping and planting. 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): r Wetlands W Streams -tributaries r Open Waters r Pond Construction 3. Stream Impacts ❑ Buffers 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * �31`. Type of 3g. S. width * �3h. Impact (?) Jurisdiction* length* bank repair Permanent Bank Stabilization Foster Creek ::Iff::] Both ]�;;] p (linearfea) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 40 31. Total stream and ditch impacts: 40 3j. Comments 3i. Total temporary stream impacts: 0 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: Large rock were placed along the toe of concrete barriers to better dissipate erosive velocities. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Concrete barriers were used to temporarily divert stream flow so that repairs to the bridge wingvmll and road shoulder could be done in the dry. 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? r Yes c No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: There was no loss of stream habitat and a functional uplift to the stream by reducing bank erosion. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent toprotected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: This is not a buffer area. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r- 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?* r Yes r' No u 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)? * r^ Yes r No Comments: This project falls under minimum criteria under SEPA 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 (15ANCAC 2B .0200)? * r Yes r No 2b Provide an explanation of the violation(s): 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r^ Yes r No 3b. If you answered "no," provide a short narrative description. This is a repair project - not infrastructure development. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor 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? f Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r- Yes r No 5d. Is another Federal agency involved?* r^ Yes r No r' Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut anytrees in order to conduct the work in waters of the U.S.? r^ Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5g(1). If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.? r Yes r No If you answered "Yes" to 5g(1), did you discover any signs of bat use? r Yes r No r Unknown 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No 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.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Field visit by qualified biologist and available NHP data Consultation Documentation Upload 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NMFS 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?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* Screened against HPO available data. Work occurred in disturbed right-of-way and actively eroding streambed/bank. 7c. Historic or Prehistoric Information Upload 440004_PAform.pdf 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* FEMA Miscellaneous Comments Miscellaneous attachments not previously requested. 321.37KB Signature v * W By checking the box and signing below, I certify that: • 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: Dave McHenry Signature 0"41 6W1-WMt:O1 Date 8/12/2019