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HomeMy WebLinkAbout20121055 Ver 3_PCN Form Submission (5)_20200130DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance in to the review process?* 6 Yes r No Is this project a public transportation project?* G Yes r No Change only if needed. BIMS # Assigned * Version#* 20121055 3 Is a payment required for this project?* r No payment required What amout is owed?* r Fee received 6 $240.00 6 Fee needed - send electronic notification r $570.00 Reviewing Office * Select Project Reviewer* Washington Regional Office - (252) 946-6481 Garcy Ward:eads\gpward Information for Initial Review 1a. Name of project: South Tar River Greenway, Phase 3 1a. Who is the Primary Contact?* William Sullivan 1b. Primary Contact Email:* William.Sullivan@kimley-horn.com Date Submitted 1 /30/2020 Nearest Body of Water Tar River Basin Tar -Pamlico Water Classification C;NSW Site Coordinates Latitude: 35.617284 A. Processing Information County (or Counties) where the project is located: Pitt Is this project a public transportation project?* /: Yes r No Is this a NCDOT Project?* r Yes r No (NCDOT only) T.I.P. or state project number: EB-5539 WBS#M 45529 1a. Type (a) of approval sought from the Corps: Longitude: -77.390204 1c. Primary Contact Phone:* (919)677-2113 u 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 type(s) 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? r Yes r No Nationwide Permit (NWP) Number: 14 - Linear transportation NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 Certification: For the record only for Corps Permit: r 401 Water Quality Certification - Express P 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 B. Applicant Information 1d. Who is applying for the permit? V Owner r Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information r Yes r No r Yes r No 2a. Name(s) on recorded deed: City of Greenville 2b. Deed book and page no.: WA 2c. Responsible party: Mr. Lynn Raynor 2d.Address Street Address 1500 Beatty Street Address Line 2 city State / Rovince / Rion Greenville NC Rstal / Zip Code Country 27834 United States of America 2e. Telephone Number: 2f. Fax Number: (252)329-4620 2g. Email Address:* LRaynor@GreenvilleNC.gov 4. Agent/Consultant (if applicable) 4a. Name: William Sullivan 4b. Business Name: Kimley-Horn 4c.Address Street Address 421 Fayetteville Street Address Line 2 Suite 600 City State / Province / Region Raleigh NC Postal / Zip Code Country 27601 United States of America 4d. Telephone Number: 4e. Fax Number: (919)677-2113 4f. Email Address:* W i l l i a m. S u l l i va n@ ki ml a y-h o rn. oo m Agent Authorization Letter* 03_Signed Agent_Auth.pdf 15.61<13 C. Project Information and Prior Project History U 1. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality/ town: Greenville 2. Project Identification 2a. Property Identification Number: WA (Linear Transportation Project) 2c. Project Address Street Address WA (Linear Transportation Project) Address Line 2 City Greenville Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Tar River 3b. Water Resources Classification of nearest receiving water:* CINSW 3c. What river basin(s) is your project located in?* Tar -Pamlico 3d. Please provide the 12-digit HUC in which the project is located. 030201030404 4. Project Description and History 2b. Property size: 39.31 State / Province / Region NC Country United States of America 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 proposed greenway alignment is located primarily in a currently maintained utility easement along the right bank of the Tar River, spanning from the western terminus of the eAsting South Tar River Greenway near Pitt Street to Moye Boulevard. Land use in the vicinity of project consists primarily of residential neighborhoods, institutional developments (school, community center, and medical center), and forested natural areas adjacent to the Tar River. 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 4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). The proposed project was previously authorized by the USACE and NCDWR in 2015 under the 2012-2017 NWP 14 (SAW-2013-00067; DWR 12-1055). Documentation is attached. The project is now proceeding to construction and this application is for re -authorization under the 2017-2022 NWP #14. Project History Upload EB5539_404_Approval_NWP_14_20150504.pdf 166.68KB EB5539_South_Tar_River_Greenway_401_Approval _20150508.pdf 4.93MB 4d. Attach an 8 112 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Fig 2 - USGS.pdf 1.61 MB 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) Fig 4 - NRCS.pdf 1.73MB 4f. List the total estimated acreage of all existing wetlands on the property: 4.12 4g. List the total estimated linear feet of all existing streams on the property: 916 4h. Explain the purpose of the proposed project:* The proposed project will construct a 10-foot wide multiuse greenway/bikeway path spanning 1.4 miles, connecting an existing greenway (South Tar River Greenway) to Moye Boulevard. The greenway will provide a safe, multi -purpose transportation route along a scenic corridor adjacent to the Tar River, connecting multiple residential communities, parks, schools, and community centers while also providing outdoor recreation options for the residents in the project vicinity. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The proposed project will consist of 1.4 miles of 10-foot wide paved greenway/bikeway path with 2-foot gravel shoulders. Elevated boardwalks and pre -constructed pedestrian bridges will be used to span wetlands and stream crossings while minimizing and/or avoiding impacts. Typical roadway and bridge construction equipment will be utilized, including cranes, track hoes, back hoes, graders, dump trucks, bulldozers, and pavers. 4j. Please upload project drawings for the proposed project. Pages from 2017-12-15_EB5539_PHASE 3A.pdf 8AMB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No 6 Unknown Comments: A Preliminary Jurisdictional Determination (Action ID: SAW 2013-00063) was issued on January 10, 2013. A Buffer Determination Letter (DWQ # 12-1055) was issued by NCDWR on January 29, 2013. 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: SAW 2013-00063 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Beth Reed, PWS Agency/Consultant Company: Kimley-Horn Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR A Preliminary Jurisdictional Determination (Action ID: SAW 2013-00063) was issued by the USACE on January 10, 2013. A Buffer Determination Letter (DWQ # 12-1055) was issued by NCDWR on January 29, 2013. Documentation of both determinations has been attached to this application. 5d1. Jurisdictional determination upload 11_USACE signed PreJD.pdf 1.54MB 09_NCDWQ-TarPam_Buffer_Auth_20130129.pdf 1.46MB 6. Future Project Plans 6a. Is this a phased project?* r Yes r No 7b. If yes, explain. The project is Phase 3 of a larger greenway project in the City of Greenville. There will likely be future sections of greenway constructed in the City to increase the connectivity of previous greenway paths throughout the city and to community features, however this project will be completed as one single and complete project with independent utility by providing connectivity between Moye Boulevard, multiple residential developments, existing greenway paths, and Third Street Elementry School and Community Center. 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? WA D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands f Streams -tributaries pZ Buffers r Open Waters r Pond Construction 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type * M 2c. Type of W. 2d. W. name * 2e. Forested * 2C Type of Jurisdicition*(?) 2g. Impact area Site 1 Construction Access T Riverine Swamp Forest WA Yes Corps 0.030 (acres) Site 2 Construction Access IT Riverine Swamp Forest f B Yes Corps 0.040 (acres) Site 2 Greenway Construction P Riverine Swamp Forest WB Yes Corps 0.001 (acres) Site 3 Construction Access T Riverine Swamp Forest WB Yes Corps 0.004 (acres) Site 3 Greenway Construction P Riverine Swamp Forest WB Yes Corps 0.050 (acres) Site 5 Construction Access T Riverine Swamp Forest WE Yes Corps 0.080 (acres) Site 5 Greenway Construction P Riverine Swamp Forest WE Yes Corps 0.010 (acres) Site 6 Construction Access IT Riverine Swamp Forest WE Yes Corps 0.007 (acres) Site 6 Greenway Construction P Riverine Swamp Forest WE Yes Corps 0.008 (acres) Site 7 Construction Access T Riverine Swamp Forest WF Yes Corps 0.003 (acres) Site 7 Greenway Construction P Riverine Swamp Forest WF Yes Corps 0.002 (acres) Site 8 Construction Access IT Riverine Swamp Forest WG Yes Corps 0.030 (acres) Site 8 Greenway Construction P __l Riverine Swamp Forest WG Yes Corps 0.080 (acres) Site 9 Construction Access T Riverine Swamp Forest WH Yes Corps 0.003 (acres) Site 9 Greenway Construction P Riverine Swamp Forest WH Yes Corps 0.005 (acres) Site 10 Construction Access IT Riverine Swamp Forest f I Yes Corps 0.006 (acres) Site 10 Greenway Construction P Riverine Swamp Forest WI Yes Corps 0.010 (acres) Site 11 Construction Access T Riverine Swamp Forest WJ Yes Corps 0.004 (acres) Site 11 Greenway Construction P Riverine Swamp Forest WJ Yes Corps 0.005 (acres) Site 12 Construction Access T Riverine Swamp Forest WK Yes Corps 0.010 (acres) Site 12 Greenway Construction P Riverine Swamp Forest ��] WK Yes Corps 0.060 (acres) 2g. Total Temporary Wetland Impact 0.217 2g. Total Wetland Impact 0.448 2h. Comments: 2g. Total Permanent Wetland Impact 0.231 All of the permanent wetland impacts resulting from construction of the greenway project involve the placement of fill material. Temporary impacts will result from necessary construction access corridors, and will be returned to preconstruction contours after completion of the project. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. ❑ Neuse ❑ Catawba ❑ Goose Creek ❑ Other V Tar -Pamlico r Randleman r Jordan Lake 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Site 4 P Ur to Tar River (Stream SE) No 2,172 1,833 Site 12 P Tar River No 4,170 13,226 Site 13 P Tar River No 479 3,944 Site 14 P Tar River No 5,918 5,209 Site 15 P Tar River No 147 3,895 Site 16 P Tar River No 223 797 Site 17 P Tar River No 0 167 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 13,109.00 29,071.00 Zone 1 Zone 2 Total combined buffer impacts: 13,109.00 29,071.00 61. Comments: Portions of the protected riparian buffer of the Tar River and a Ur to the Tar River will be impacted due to the construction of the greenway path and shoulder, as well as for the installation of a prefabricated pedestrian bridge that will be used to span the Ur to the Tar River. Supporting Documentation 05_South_ Tar _River_Greenway_Permit_Drawings_2015-03-20.pdf 6.99MB E. Impact Justification and Mitigation U 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts to streams in the project corridor were entirely avoided by intentionally locating the alignment outside of riparian zones throughout the majority of the corridor, and allowing for construction access on both banks of the streams within the project corridor, allowing elevated boardwalks and/or prefabricated bridges to be constructed/placed without impacting the stream itself. The greenway alignment has been located along e)dsting sewer easement as much as possible. To minimize impacts to riparian areas, stream crossing locations were intentionally located where perpendicular crossings were feasible and where prefabricated pedestrian bridges or constructed boardwalks could be used to span the entire stream. Where boardwalks Will be used for stream crossings, all support pilings will be located outside of the top of bank benches to avoid stream impacts. Impacts to wetlands within the corridor were avoided the e:dent practical, and impacts will be minimized by using 2:1 fill slopes and/or boardwalks where practical. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Impacts to streams and wetlands within the corridor will be minimized to the extent practical throughout the construction process by avoiding stream and wetland features wherever possible. Where feasible, staging and construction access routes will be located in upland areas throughout the corridor. Tree protection fencing, silt fencing, and other standard Best Management Practices (BMPs) and measures will be used throughout the construction process to minimize impacts to downstream receiving waters and minimize runoff from the construction sites. 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 r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The project proposes only minimal impacts to wetlands along the Tar River and each site is a separate and distant crossing impacting <0.10 acre of wetland. Where feasible, the project has reduced and minimized impacts to buffers and wetlands by utilizing boardwalks and pre -constructed pedestrian bridges. FStormwater 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 INC Riparian Buffer Protection Rules? r Yes r No What type of SCM are you providing? r Level Spreader r Vegetated Conveyance (lower SHNT) r Wetland Swale (higher SHWT) r Other SCM that removes minimum 30 % nitrogen W Proposed project will not create concentrated stormwater flow through the buffer Diffuse Flow Documentation EC_2017-12-15_EB5539_PHASE 3A BID ONLY.pdf 03_Rip Rap Outlet Protection.pdf 04_Hydraulic Calculations 2014-12-05.pdf 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 8.2MB 220.13KB 155.4KB 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r 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)?* r Yes r No 1c. If you answered "yes" to the above, has the document review been finalized bythe State Clearing House?* r Yes r No NEPAor SEPA Final Approval Letter 13_EB-5539 Signed PCE Nov 2013.pdf 2. Violations (DWR Requirement) 31.32KB 2a. Is the site in violation of DWR Water Quality Certification Rules (I SA 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)? * r Yes r No 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. The proposed project will not result in additional development. The greenway and sidewalk facilities proposed will serve existing communities and connect existing public locations. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor WA 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?* r 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 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? As of December 2, 2019, the USFWS lists 6 federally -protected species known to occur in Pitt County: the American alligator, red -cockaded woodpecker, West Indian manatee, dwarf wedgemussel, Tar -River spinymussel and yellow lance. A reviewof the NC Natural Heritage Program (NCNHP) Element Occurrence Database (updated January 2020) identified no known occurrences of any threatened or endangered species within the project area. However, the West Indian manatee has been recorded in the Pamlico Sound and the occurrence is mapped up into the Tar River through Greenville, which results in the only federally listed threatened or endangered species occurrence within 1.0 mile of the project area. Since the project area does not include the Tar River, and since the tributaries located within the project area are small stream features located at significantly higher elevations than the Tar River (steep gradients with cascades were observed adjacent to the river), suitable habitat for West Indian manatee is not present Within the project corridor. Additionally, based on field reviews by Kimley-Horn biologists, suitable habitat is not present within the project area for bald eagle, red -cockaded woodpecker, dwarf wedgemussel, Tar River spinymussel or yellow lance. Due to a lack of occurrences and a lack of suitable habitat Within the project area, it is anticipated that the proposed project Will have no effect on any federally listed threatened or endangered species. 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 IT No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The NOAA Essential Fish Habitat Mapper was reviewed on January 27, 2020. No essential fish habitat was found within the project area or within the vicinity of the project. 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?* The State Historic Preservation Office database was reviewed on January 27, 2020 to determine if any historic resources occurred in the vicinity of the study area. The project does pass through the National Register listed Skinnerville-Greenville Heights Historic District (HPO Site ID: PT2000). However, there are no historically significant sites or strucures within the project boundary. There are eight national register individual listings, six study list individual entries, four determined eligible individual entries and eight historic districts listed as national register, study list and determined eligible within 1.0 mile of the study area. The properties range from roughly 0.14 mile to 1.0 mile from the project boundary. The project will consist of a greenway path along the Tar River within a currently maintained utility easement and will not impact any historic or archaeological resources. 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: The project received a No -Rise Certification on December 9, 2014. Documentation has been attached. 8c. What source(s) did you use to make the floodplain determination?* The FEMA Digital Flood Insurance Map (DFIRM) Panel 3720467800K (effective July 7, 2014) and 3720468800K (effective July 7, 2014) was accessed on January 27, 2020. FEMA regulated floodways, 100-year floodplains, and 500-year floodplains associated with the Tar River are located within the project area. 7- Miscellaneous U Comments After the initial permit application submittal, NCDWR issued a Request for Additional Information letter on February 20, 2015. Kimley-Horn addressed NCDWR's concerns in a response letter on March 27, 2015. This information is included in the miscellaneous attachments below. Miscellaneous attachments not previously requested. 00_PCN Cover Letter.pdf 80.21 KB Fig 1 -Vicinity Map.pdf 421.88KB Fig 2 - Aerial.pdf 10.03MB 07_Stream and Wetland Data Forms.pdf 915.3KB _STR - Response to Comments_ REV_20150327.pdf 30.64MB Signature u F7 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: William Sullivan Signature �illr�r�c a. �'s�drr� Date 1 /30/2020