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HomeMy WebLinkAbout20220880 Ver 1_ePCN Application_20220628 DW R mrlsloa of ware.Besourcrs 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#* 20220880 1 Is a payment required for this project?* No payment required Fee received Reviewing Office* Fee needed-send electronic notification Central Office-(919)707-9000 Select Project Reviewer* Ryan Conchilla:eads\rjconchilla Information for Initial Review 1a.Name of project: 1-3306 A 1a.Who is the Primary Contact?* Michael Turchy 1 b.Primary Contact Email:* 1c.Primary Contact Phone:* maturchy@ncdot.gov (919)707-6157 Date Submitted 6/28/2022 Nearest Body of Water Multiple,see attached cover letter with stream tables Basin Neuse;Cape Fear Water Classification Multiple,see attached cover letter with stream tables Site Coordinates Latitude: Longitude: 36.066593 -79.145538 A. Processing Information u County(or Counties)where the project is located: Orange Is this a NCDMS Project Yes No 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: 1-3306A WBS#(?) 34178.1.3 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 1 b.What type(s)of permit(s)do you wish to seek authorization? Nationwide Permit(N W P) 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: 201902350-Work associated with bridge construction,widening,replacement,and interchanges RGP Numbers(for multiple RGPS): 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 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 1 h.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: North Carolina Department of Transportation 2b.Deed book and page no.: n/a 2c.Contact Person: Michael Turchy 2d.Address Street Address 1000 Birch Ridge Drive Address Line 2 City State/Province/Region Raleigh NO Postal/Zip Code Country 27610 USA 2e.Telephone Number: 2f.Fax Number: (919)707-6157 2g.Email Address:* maturchy@ncdot.gov C. Project Information and Prior Project History 1.Project Information 1b.Subdivision name: (if appropriate) 1c.Nearest municipality/town: Hillsborough,NC/Chapel Hill,NO 2.Project Identification 2a.Property Identification Number: 2b.Property size: 2c.Project Address Street Address Address Line 2 City State/Province/Region Postal/Zip Code Country 3. Surface Waters 3a.Name of the nearest body of water to proposed project: Multiple,see attached cover letter with stream tables 3b.Water Resources Classification of nearest receiving water:* Multiple,see attached cover letter with stream tables 3c. What river basin(s)is your project located in?* Neuse Cape Fear 3d.Please provide the 12-digit HUC in which the project is located. 030202010303,030300020601 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: Land use within the vicinity is agricultural,residential,forested,existing transportation facilities,and commercial/business concentrated mainly around the US 15/501 interchange. 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: 5.85 4g.List the total estimated linear feet of all existing streams on the property: 22,246 4h.Explain the purpose of the proposed project: The purpose of the proposed project is to relieve peak hour congestion on this facility such that a LOS D or better can be maintained for the 2040 build condition.A desired outcome would be to improve the traffic flow and continuity between the existing eight-lane section at the beginning of the project(1-85)and the six-lane section at the end of the project(Durham County Line).Improving travel conditions on 1-40 to a LOS D or better throughout this portion of the freeway from 1-85 to the Durham County line will have a direct and positive impact on traffic flow and continuity experienced by the public using this corridor.Daily commuting between points west of 1-85 and US 15-501 will experience fewer delays. 4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:* The project consists of widening 1-40 in Orange County,from 1-85/1-40 interchange to the Durham County line,to a six-lane facility with a 22 foot median.The widening will involve adding an additional lane in each direction along 1-40,predominantly within the existing median,which will require little additional right-of way.Full depth,12 foot paved outside shoulders will be provided.Improvements to interchange areas will be provided as needed to accommodate future traffic.At the NC 86 interchange,a superstreet design is proposed at the intersection of Eubanks Road and NC 86 with a U-turn bulb-out near Perkins Drive.Standard road building equipment,such as trucks,dozers,and cranes will be used. 5. Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No 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-2013-00201 5c.If 5a is yes,who delineated the jurisdictional areas? Name(if known): Philip Beach Agency/Consultant Company: SEPI Engineering Other: NRTR completed by SEPI Engineering 5d.List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR August 5,2015 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? D. Proposed Impacts Inventory 1. Impacts Summary 1a.Where are the impacts associated with your project?(check all that apply): Wetlands Streams-tributaries Buffers Open Waters Pond Construction 2.Wetland Impacts 2a1 Reason(?) 2b.Impact type*(?) 2c.Type of W.* 2d.W.name 2e.Forested* 2f.Type of Jurisdicition*2g.Impact M area* see attached P Unknown cover letter Yes Both 0.000 -A (acres) 2g.Total Temporary Wetland Impact 2g.Total Permanent Wetland Impact 0.000 0.000 2g.Total Wetland Impact 0.000 2i.Comments: see attached cover letter,drawings and impact summary sheets. 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 See attached cover Permanent Other etter Perennial Both Average(feet) pinear feet) 31.Total jurisdictional ditch impact in square feet: 0 31.Total permanent stream impacts: 3i.Total temporary stream impacts: 0 0 31.Total stream and ditch impacts: 0 3j.Comments: see attached cover letter,drawings and impact summary sheets. 6. Buffer Impacts (for DWR) 6a.Project is in which protect basirl Check all that apply. Neuse Tar-Pamlico Catawba Randleman Goose Creek Jordan Lake Other 6b.Impact Type 6c.Per or Temp 6d.Stream name 6e.Buffer mitigation required? 6f.Zone 1 impact 6g.Zone 2 impact See attached cover letter P See attached cover letter Yes 0 0 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 0.00 0.00 Zone 1 Zone 2 Total combined buffer impacts: 0.00 0.00 61.Comments: see attached cover letter,drawings and impact summary sheets. 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: All jurisdictional features were delineated,field verified and surveyed.Using these surveyed features,designs were adjusted to avoid and/or minimize impacts to jurisdictional areas.All wetland areas not affected by the project will be protected from unnecessary encroachment.Best Management Practices for Protection of Surface Waters will be used.Other avoidance and minimization efforts include utilizing the existing,disturbed median to accommodate the majority of the widening,and minimizing stream and wetland impacts by retaining and extending all existing major hydraulic structures. 1 b.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Erosion and sediment Best Management Practices(BMPs)will be installed prior to construction.Water will be diverted around work areas to prevent sedimentation of downstream aquatic resources.Impacts will be minimized by strict enforcement of the BMPs for the protection of surface waters, restrictions against staging of equipment in or adjacent to waters of the US and coordination(including a pre-construction meeting)with the Division Environmental Officer. 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 3. Complete if Using a Mitigation Bank 3a.Name of Mitigation Bank: See attached cover letter 3b.Credits Purchased/Requested(attach receipt and letter) Type: Quantity: 3c.Comments 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: 4c.If using stream mitigation,what is the stream temperature: (linear feet) 4d.Buffer mitigation requested(DWR only): 4e.Riparian wetland mitigation requested: (square feet) (acres) 4f.Non-riparian wetland mitigation requested: 4g.Coastal(tidal)wetland mitigation requested: (acres) (acres) 4h.Comments see attached cover letter for mitigation breakdown. 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 What type of SCM are you providing? Level Spreader Vegetated Conveyance(lower SHWT) Wetland Swale(higher SHWT) Other SCM that removes minimum 30%nitrogen Proposed project will not create concentrated stormwater flow through the buffer 2. Stormwater Management Plan 2a.Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* Yes No Comments: G. Supplementary Information 1. Environmental Documentation la.Does the project involve an expenditure of public(federallstatellocal)funds or the use of public(federal/state)land?* Yes No 1 b.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(NEPAISEPA)?* Yes No 1c.If you answered"yes"to the above,has the document review been finalized by the State Clearing House?* Yes No 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 improve travel patterns,reduce travel time,affect access to properties in the area or open areas for development or redevelopment.Due to its minimal transportation impact-causing activities,this project will neither influence nearby land uses nor stimulate growth.Therefore,a detailed indirect and cumulative effects study will not be necessary. 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. Raleigh 5d.Is another Federal agency involved?* Yes No Unknown What Federal Agency is involved? FHWA 5e.Is this a DOT project located within Division's 1-8? Yes No 5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? see attached cover letter/permit package. 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? EFH Mapping. 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?* Archaeology and Historic Property Survey Reports(No survey required letters)attached. 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: NCDOT Hydraulics Unit Coordination with FEMA 8c.What source(s)did you use to make the floodplain determination?* NC Floodmaps and FEMA's National Flood Hazard layer. 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 1-3306 Orange June 2022.pdf 67.5MB 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: Michael Turchy Signature x T Date 6/28/2022