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HomeMy WebLinkAbout20220606 Ver 1_ePCN Application_20220420 DWR Division of Water Resources Pre-Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13,2022 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. Pre-Filing Meeting Date Request was submitted on: 4/20/2022 BIMS#Assigned* Version#" 20220606 1 Is a payment required for this project?* No payment required Reviewing Office* Fee received Winston-Salem Regional Office-(336)776- Fee needed-send electronic notification 9800 Select Project Reviewer* Dave Wanucha:eads\djwanucha Information for Initial Review 1a.Name of project: City of Mount Airy-Greenway Trail Extension Project from Riverside Park to Riverside Drive(NC 104) 1a.Who is the Primary Contact?* Mark S.Davis,Environmental Specialist,V&M Consulting Engineers 1 b.Primary Contact Email:* lc.Primary Contact Phone:* msdavis@vaughnmelton.com (828)508-9670 Date Submitted 4/20/2022 Nearest Body of Water UT's to Ararat River-Ararat River Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: Longitude: 36.50946 -80.59319 A. Processing Information County(or Counties)where the project is located: Surry Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No Is this a NCDOT Project?* Yes No la.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 lb.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: 42-Recreation Facility NWP Numbers(for multiple NWPS): This project also requires a Section 408 Permit from the Civil Works Division of the USACE-Wilmington,NC-Contact is Mr.Kent Tranter at 910-251-4043(Office)or 757-274-1699 (Mobile)or email:kent.tranter@usace.army.mil 1d.Type(s)of approval sought from the DWR: 401 Water Quality Certification-Regular 401 Water Quality Certification-Express Non-404 Jurisdictional General Permit Riparian Buffer Authorization Individual 401 Water Quality Certification le.Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: Yes No For the record only for Corps Permit: Yes No lf.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 lh.Is the project located in any of NC's twenty coastal counties? Yes No 1].Is the project located in a designated trout watershed? Yes No B. Applicant Information Id.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: City of Mount Airy 2b.Deed book and page no.: See attached property owners easement list for greenway 2c.Contact Person: Darren Lewis,Assistant City Manager 2d.Address Street Address 113 Renfro St. Address Line 2 PO Box 1232 City State/Province/Region Mount Airy NC Postal/Zip Code Country 27030 USA 2e.Telephone Number: 2f.Fax Number: (336)786-8313 (336)786-2203 2g.Email Address:* dlewis@mountairy.org 3.Applicant Information(if different from owner) 3a.Name: Mark S.Davis,Environmental Specialist 3b.Business Name: Vaughn&Melton Consulting Engineers,Inc. 3c.Address Street Address 40 Colonial Sq. Address Line 2 City State/Province/Region Sylva NC Postal/Zip Code Country 28779 USA 3d.Telephone Number: 3e.Fax Number: (828)508-9670 3f.Email Address:* msdavis@va ugh n me lton.corn 4.Agent/Consultant(if applicable) 4a.Name: Mark S.Davis,Environmental Specialist 4b.Business Name: Vaughn&Melton Consulting Engineers 4c.Address Street Address 40 Colonial Sq. Address Line 2 City State/Province/Region Sylva NC Postal/Zip Code Country 28779 USA 4d.Telephone Number: 4e.Fax Number: (828)508-9670 4f.Email Address:* msdavis@vaughnmelton.com C. Project Information and Prior Project History 1.Project Information 1b.Subdivision name: (if appropriate) N/A 1c.Nearest municipality I town: Mount Airy 2.Project Identification 2a.Property Identification Number: 2b.Property size: N/A -4.8 Acres 2c.Project Address Street Address N/A Address Line 2 N/A City State/Province/Region Mount Airy NC Postal/Zip Code Country 27030 USA 3. Surface Waters 3a.Name of the nearest body of water to proposed project:* UT's to Ararat River-Ararat River 3b.Water Resources Classification of nearest receiving water:* C 3c. What river basin(s)is your project located in?* Yadkin-PeeDee 3d.Please provide the 12-digit HUC in which the project is located. 030401010807-Faukner Creek-Ararat River 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 project study area(PSA)lies in the Piedmont Physiographic Province of North Carolina in the City of Mount Airy,Surry County,NC.The PSA lies along the Ararat River and is mainly disturbed land along an existing sewer line ROW surrounded by commercial buildings along the north side of the Ararat River.The greenway alignment also parallels two floodplain levees (Riverside/Linville Roads Levee-System ID No.6105005001 and the Quality Mills Levee-System ID No.6105005002)constructed by the Civil Works Division of the US Army Corps of Engineers in 1987.The sewer line corridor and the levees are maintained on a routine basis.Topography in the project area is generally flat rolling terrain with a topographic low of 1,010 feet above mean sea level to a topographic high of 1,042 feet above mean sea level. 4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?* Yes No Unknown If yes,please give the DWR Certification number or the Corps Action ID(exp.SAW-0000-00000). USAGE Action ID No.:SAW-2014-01609 issued 11-4-2014-Wetland Impacts=0.036 Acres of wetland fill 4f.List the total estimated acreage of all existing wetlands on the property: 0.097 Acres 4g.List the total estimated linear feet of all existing streams on the property: —550 linear feet-3 UT's to the Ararat River 4h.Explain the purpose of the proposed project:* The purpose of the proposed greenway extension project is to improve recreational opportunities and provide a safe ADA compliant trail for cyclists and pedestrians along the Ararat River. 4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:* The City of Mount Airy proposes to extend the Granite City Greenway Trail.The project entails the construction of a new 10-foot wide paved greenway trail from Riverside Park to Riverside Drive(NC 104)just south of Old Springs Road.Much of the trail will follow along a sewer line ROW along the Ararat River.The proposed trail will cross over the Quality Mills Levee(System ID No.:6105005002)wall/berm,north of Riverside Park and proceed in an easterly direction along the top of the levee wall/berm to the abandoned railroad tracks and proceeds cross country along an existing sewer line,turning north under the NCDOT bridge on Linville Road,and proceeds along the floodplain along the Ararat River below the Riverside/Linville Levee(System ID No.:6105005001)berm and then turns in a northwesterly direction to the end of the project near Riverside Drive.Indirect impacts associated with implementation of the project should be minimal.Extension of the greenway should not promote additional development along the project corridor due to limited real estate.Excavators, bulldozers,graders,dump trucks,pavers,water pumps,sand bags,diversion pipe,and various hand tools may be used to accomplish the work. 5. Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments: See attached PJD Package 5b.If the Corps made a jurisdictional determination,what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: N/A 5c.If 5a is yes,who delineated the jurisdictional areas? Name(if known): Jan Gay,LSS,CNRP,Ecologist Agency/Consultant Company: Vaughn&Melton Consulting Engineers Other: N/A 5d.List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR N/A 6.Future Project Plans 6a.Is this a phased project?* Yes No 6b.If yes,explain. The next phase of the greenway trail going north will be be along Riverside Drive terminating at the Jones Intermediate School.The length of the project extension would be approximately 0.80 mile.For the final phase of the project,the City proposes to loop the greenway trail back west across town and make a downtown connection.In 2018,a feasibility study was conducted to study alternatives to connect the Emily B.Taylor Greenway along Lovill's Creek to the Ararat River Greenway.Four alternatives were developed to connect the greenways; however,the"preferred"alternative has yet to be determined. 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? Additional Section 404 NWP(s)and/or Section 401 WQC(s)may be required for additional phases of the greenway project in the future if funding becomes available. D. Proposed Impacts Inventory 1. Impacts Summary la.Where are the impacts associated with your project?(check all that apply): Wetlands Streams-tributaries Buffers Open Waters Pond Construction 2.Wetland Impacts 2a.Site#*(?) 2a1 Reason(?) 2b.Impact type*(?) 2c.Type of W.* 2d.W.name 2e.Forested* 2f.Type of Jurisdicition*2g.Impact (?) area* 2 Wetland Fill P Floodplain Pool WA Yes Corps 0.001 (acres) 2g.Total Temporary Wetland Impact 2g.Total Permanent Wetland Impact 0.000 0.001 2g.Total Wetland Impact 0.001 2i.Comments: Actual wetland impacts to the floodplain pool equals 0.0006 acres. 3.Stream Impacts 3a.Reason for impact(?) 3b.lmpact type* 3c.Type of impact* 3d.S.name* 3e.Stream Type* 3f.Type of 3g.S.width 3h.Impact (?) Jurisdiction* length* S1 Stream Crossing Permanent Culvert UT to Ararat River Intermittent Corps 5 66 Average(feet) (linear feet) S2 Impervious Dike-Pipe Temporary Dewatering UT to Ararat River Intermittent Corps 5 75 Average(feet) (linear feet) 3i.Total jurisdictional ditch impact in square feet: 0 3i.Total permanent stream impacts: 3i.Total temporary stream impacts: 66 75 3i.Total stream and ditch impacts: 141 3j.Comments: Sand bags and plastic will be used to create an impervious dike and approximately 75 feet of bypass pipe will be installed to carry the water around the site during culvert installation. E. Impact Justification and Mitigation 1.Avoidance and Minimization la.Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Most of the project follows an already disturbed and maintained sewer line corridor as well as along the two floodplain levees adjacent to the Ararat River.Impacts to jurisdictional streams and wetlands will be limited to the maximum extent practical,as well as,cut and fill slopes to maintain stability for this ADA compliant greenway trail. lb.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All instream work will be performed in a"dry"work area utilizing approved BMP measures such as sand bags,rock berms,cofferdams,and/or other temporary flow diversions to prevent excavation in flowing water.Appropriate sedimentation and erosion control measures will be installed prior to soil disturbance and maintained as the project progresses according to the NCDEMLR approved sedimentation and erosion control plan. 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: Stream impacts are less than 0.03 acres and wetland impacts are less than 0.10 acre;therefore,mitigation is not required. 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: There are no NC Riparian Buffer Protection Rules in the Yadkin-Pee Dee River Basin. 2. Stormwater Management Plan 2a.Is this a NCDOT 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: N/A 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 lb.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:* Start of Study scoping letters were sent to the various resource agencies and stakeholders requesting comments and concerns regarding the project. We only received four comments in return,which included the US Fish and Wildlife Service,the NC Division of Water Resource,the NC Wildlife Resources Commission,and the NC State Historic Preservation Office.These comments were incorporated into the preparation of the NRTR and Minimum Criteria Determination Checklist(MCDC)document for this project.Since this project resulted in minimal impacts to the natural environment and met requirements of the NCSHPO and the USFWS regarding threatened and endangered species,submittal to the State Clearing House is not required. 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. Extension of the greenway should not lead to additional development due to limited real estate and/or already disturbed and developed lands in the project area. 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 5d.Is another Federal agency involved?* Yes No Unknown What Federal Agency is involved? US Army Corps of Engineers Regulatory Permit Program-Section 404 and Section 408 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 5h.Does this project involve the construction/installation of a wind turbine(s)?* Yes 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.? Yes No 5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The US Fish and Wildlife Service ECOS-IPaC website and the North Carolina Natural Heritage Program database conducted on March 3,2022,as well as site specific field surveys conducted on December 7,2021.In addition,the USFWS responded to a scoping letter regarding T&E's in the project area (see attached email reply). 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?* The NOAA-NMFS database(Essential Fish Habitat Mapper).There are no marine or estuarine communities in or near the project study area. 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 project scoping letter was submitted to the NC SHPO on December 14,2021.The NC SHPO responded in a letter dated January 19,2022,stating that they are not aware of any historic resources which would be affected by the project.Therefore,we have no comment on the project as proposed (see attached letter). 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: A floodplain/floodway analysis was performed by Bradley Ridnour,PE,Hydraulics Engineer,of Vaughn and Melton Consulting Engineers and the"no rise"certification is attached. 8c.What source(s)did you use to make the floodplain determination?* NC Floodplain Mapping Program. 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 NWP 42_Exhibits for the Mount Airy Greenway Project_PCN.pdf 15.69MB File must be PDF or KMZ Comments See Attached Document-NWP 42_Exhibits for the Mount Airy Greenway Project_PCN.pdf 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: Mark S.Davis Signature Date 4/20/2022